When a couple gets divorced, it is an emotional situation for everyone involved. If there are children in the marriage, then the situation tends to become much more complicated. Unfortunately, you need to look at a divorce like you would a business transaction if you are going to protect your own interests. From property rights to child visitation, there are several elements to be aware of when you are legally discontinuing your marriage.
Some marriages head for divorce because there is a complete breakdown in the relationship that can never be repaired. Those types of divorces tend to get ugly, and expensive. If you can maintain a cordial relationship with your spouse during the proceedings, then it will help to make things easier on the both of you. It is possible that one condition or the other will cause the relationship to break down at some point, but it is important to remain as cordial as possible for as long as you can.
A divorce can look like a standard procedure on paper, but the execution of a divorce is anything but standard. If you are not careful, you could wind up paying your spouse monthly maintenance that you cannot afford. While you do try to keep your relationship with your spouse amicable during the proceedings, it is not unusual for little surprises to pop up that seem to benefit your spouse. With a good attorney on your side, you have the protection you need for your interests and your rights.
There are many different schools of thought when it comes to handling child custody and divorce matters. Some people prefer to do one before the other, while there are those who want to do both at the same time. For the sake of convenience, it is easier to do both at the same time and create all of the guidelines you will need to follow for your life after the divorce is final at once.
If you have a separation agreement or custody terms in place that your spouse is ignoring, then you need to write that information down so that you can give it to your attorney. The courts expect both sides to honor all agreements, and there can be consequences for either side if they determine that they do not need to abide by the court's decision.
Even the smoothest divorces in the state of New York can take anywhere from three to six months to finalize. Your best plan of action is to stay in contact with your attorney, do what your attorney tells you, and be prepared to wait for the final verdict.
A divorce is never something a family plans on going through, but it does happen frequently in the state of New York. You should hire an attorney to protect your rights, and be prepared to negotiate terms of the divorce that could affect you and your children for many years to come.