Navigating Divorce Court in New York: Dos and Don’ts:
Navigating the tumultuous waters of divorce can be difficult and overwhelming, especially in the bustling state of New York. However, being prepared can alleviate some of the stress and uncertainty. If you’re about to navigate the intricacies of divorce court in New York, here is some information on what to do and what not to do while navigating divorce court.
Understand the Grounds for Divorce in New York
Before proceeding, familiarize yourself with the grounds for divorce in New York. Whether it’s a no-fault divorce or based on reasons like adultery, abandonment, or cruel and inhuman treatment, knowing your standing will help set clear expectations. To file for divorce in New York, certain residency requirements must be met. Familiarize yourself with these prerequisites early on to ensure a smoother process. Here are the do’s and dont’s when facing a divorce in New York?
Do: Seek Expert Legal Counsel
Having a knowledgeable New York divorce attorney by your side is invaluable. They will guide you through the process, ensuring all paperwork is correctly filed and representing your best interests in court. By partnering with a trusted firm like Brian D. Perskin and Associates, you can be sure to have top-notch representation, safeguarding your interests and rights. Always stay in the loop and regularly communicate with your attorney, ask questions, and ensure you’re informed about the status of your case.
Don’t: Let Emotions Cloud Judgment
Divorce can be emotionally taxing. However, the courtroom isn’t the place for outbursts or letting feelings dictate your decisions. It’s essential to approach proceedings with a calm, focused mindset.
Do: Document Everything
Gather and organize all essential documents. This includes financial records, property documents, child custody arrangements, and any evidence that supports your grounds for divorce. This thoroughness will help your attorney make the strongest possible case. Staying organized with your documents can also help your case move along quickly and cost less.
Don’t: Hide or Withhold Assets
Transparency is key with your New York divorce attorney. Concealing assets can not only damage your credibility but may also lead to legal repercussions. Always provide an honest and full disclosure so your attorney can work with the most accurate information on your case.
Do: Familiarize Yourself with Court Etiquette
While your attorney will manage the legalities, you should know the basic court etiquette:
- Dress professionally.
- Arrive punctually.
- Address the judge as “Your Honor.”
- Refrain from speaking out of turn.
- Be respectful, even when faced with adversarial statements.
- Show respect to all parties involved, from your ex-spouse to the presiding judge.
Don’t: Use Children as Bargaining Chips
It’s essential to separate marital disputes from child custody issues. Children should never be used as leverage or be put in the middle of adult conflicts. If you share children, always prioritize their well-being. Prepare them for potential changes, and make sure to keep disputes between adults. The court will always prioritize the best interests of the child.
Do: Attend Mediation or Counseling Sessions (if advised)
Courts in New York may advise or require mediation sessions, especially if children are involved. These sessions can help in arriving at mutual decisions outside of a contentious court setting. It’s natural to feel a whirlwind of emotions during a divorce. However, try to approach the proceedings with a clear and calm mind, and mental health professionals can be a great resource. Avoid confrontational or argumentative behavior; it’s not beneficial and may harm your case and relationships.
Don’t: Share Proceedings on Social Media
In today’s digital age, it might be tempting to vent or share details on platforms like Facebook or Instagram. However, it’s prudent to maintain privacy and discretion throughout the divorce process. Refrain from discussing your case on social media or public platforms. Anything you share can potentially be used against you in court.
Do: Research and Prepare for Multiple Visits
Understanding the basics of New York divorce law can provide a solid foundation. While your attorney will guide you, having personal knowledge ensures you’re never left in the dark. Divorce proceedings rarely conclude in one hearing. There may be multiple court dates, so mentally and logistically prepare for this.
Don’t: Make Rash Decisions
Divorce can be overwhelming, leading some to rush decisions to move on quickly. It’s crucial to take your time, consider all angles, and consult with your attorney before finalizing any choices.
Working with a New York Divorce Attorney
Divorce is undeniably challenging. But with a clear understanding of what to do and what to avoid in a New York divorce court, the path can become more manageable. Brian D. Perskin & Associates have been guiding New Yorkers through this journey for decades, ensuring every step is taken with care, expertise, and the client’s best interest in mind. If you find yourself on the cusp of this significant life transition, trust in our legal experience to help you get through your divorce and call 1-800 DIVORCE today.