10 Facts to Know When Filing Divorce in NYC

Are you filing for divorce in the state of New York? If you so, you should be properly informed before moving forward with your divorce action.

Once a divorce settlement has been approved by the court or once a divorce judgment has been issued you are legally bound to comply with its terms. These terms may include spousal support, child custody arrangements, property division, or payment schedules. Failing to adhere to any part of the agreement can lead to a finding of contempt of court, which may result in fines, wage garnishment, or even jail time in serious cases. It's critical to fully understand your obligations before finalizing any divorce settlement. Entering into an agreement without clarity or with unrealistic expectations can have long-term legal and financial consequences. At H. Benjamin Perez & Associates, P.C., we guide clients through every stage of divorce, including the post-judgment phase. If you are negotiating a settlement or need help enforcing or modifying an existing judgment, our team is here to ensure your rights and obligations are clearly defined and legally sound. Speak with an experienced divorce attorney today to understand the full impact of your agreement and how to protect yourself from future enforcement issues.

If you and your spouse have children together, you have the right to seek child custody or visitation. The courts generally make every effort to give both parents some level of child custody or visitation, as long as this is seen as being in the child's best interests. You may need to fight for your fair share of custody or visitation in court.

Your marital assets might not be divided equally. New York uses equitable distribution as the standard for asset division in divorce. With equitable distribution, the court weighs various factors concerning the spouses and their marriage in order to determine how the marital assets can be most fairly divided. Depending on the factors, one spouse may end up getting a higher percentage of the assets.

If you have a business, its assets and liabilities may be subject to division in the divorce process. Even if you are the only one in your marriage who owns or operates the business, the court may consider it marital property that is subject to division.

If you signed a prenuptial agreement, this will override the state's equitable distribution law. This means that you will have to divide your property according to the terms of the agreement rather than according to what the court would determine as a fair division.

Lying about your assets or property can ultimately harm your case. Some people try to hide money or valuable assets during the divorce process to avoid having to split them with their spouse. If these actions are discovered, the court may use this as grounds to rule in your spouse's favor and/or impose severe penalties.

Fault-based grounds for divorce are not required in New York, but they can be used to gain leverage in certain aspects of the divorce, such as child custody or alimony. New York's fault-based grounds for divorce include adultery, cruel and inhuman treatment, abandonment for a year or more, and incarceration for at least three consecutive years since the start of the marriage.

Litigation tends to be a much costlier and more time-intensive divorce option. For that reason, it is usually best to first try to work directly with your spouse to negotiate a divorce settlement, if at all possible. Some spouses use mediation or collaborative divorce to work out their divorce-related disputes. If you and your spouse are simply unable to reach an agreement, it may then be time to take the matter to court.

You can better protect yourself and your loved ones during the divorce process by hiring an experienced divorce attorney. A New York City divorce lawyer can help you present a convincing argument in court, improving your chances of receiving a favorable judgment. If you and your spouse plan to reach a divorce settlement through negotiation, your attorney can help ensure that you receive a fair deal.

Divorce is not one-size-fits-all. Each divorce involves unique circumstances, which means that not every case will be resolved the same way. You should not assume that your divorce experience or strategy will mirror someone else's. Work with a knowledgeable New York City divorce lawyer to determine the best approach for your particular situation.