Divorce can bring up all kinds of emotions, from sadness to feelings of relief, to downright anger. This is only human when faced with the end of a significant relationship.
But during a divorce, you need to keep mindful of how your behavior will affect the divorce process itself and also how the court will rule based on that behavior.
If you’re going through a divorce and looking to end your marriage peacefully, it’s crucial to remember that your actions can significantly impact the outcome of your case. Emotions can run high during this challenging time, but it’s essential to try to contemplate the consequences of how you behave and act during a divorce. By contacting our experienced New York City divorce lawyer, Juan Luciano, you can handle the process with confidence and work towards an amicable resolution. Contact us at (212) 537-5859 today to ensure that your rights are protected and to receive experienced legal advice and representation.
Don’t Transfer, Conceal, or Retitle Assets
The court doesn’t look kindly on spouses who transfer, conceal, or retitle assets and accounts in an attempt to hide them from their spouse. This will affect your credibility and trustworthiness in the eyes of the court and can adversely affect you in matters of asset division.
If you are concerned about your spouse’s spending, you should look into getting a temporary order placing restrictions on accounts. Be prepared to give this detailed thought since courts will require compelling evidence that this was necessary. Likewise, you should not incur debt in your spouse’s name, as this will also affect your credibility.
NYC Divorce Lawyer Juan Luciano
Juan Luciano
Juan Luciano is a highly respected divorce attorney in New York City, with nearly two decades of experience guiding clients through some of life’s most sensitive legal matters. After being admitted to the New York Supreme Court Appellate Division in 2005, he represented families in court while working alongside other practitioners before establishing his own firm in 2013. Since then, he has devoted his practice exclusively to family law and domestic relations, always focused on protecting the best interests of his clients and their families.
Mr. Luciano has served in leadership roles such as President of the Bronx Family Court Bar Association and faculty at the Practicing Law Institute. Certified to represent both children and adults in family law matters, he balances collaboration and negotiation with the ability to take decisive legal action when necessary. Fluent in Spanish and maintaining offices in Midtown and the Bronx, Mr. Luciano ensures his clients receive accessible, personalized representation grounded in respect, sensitivity, and proven legal strategy.
Don’t Communicate With Your Spouse With Hostility
Although you may be feeling hostile, your communication should be emotionally tempered. Likewise, don’t involve your children in your arguments or grievances.
The courts can punish spouses who harass, threaten, and emotionally isolate their children from the other. If it is clear that the divorcing couple can’t communicate respectfully and cooperatively, this can affect things as important as the custody of your children.
Don’t Get Your Kids Involved
Divorce is a challenging process for everyone involved, but when children are in the picture, it’s crucial to shield them from the conflict. Keeping children out of the divorce proceedings helps protect their emotional well-being. They should not be burdened with the stress and complexities that come with the dissolution of a marriage.
One of the key reasons to keep kids uninvolved is to prevent placing them in a position where they feel they must choose sides. This can lead to long-term emotional strain and may impact their relationships with both parents. Children are not equipped to handle adult issues, and involving them can cause confusion, anxiety, and feelings of guilt or responsibility for the divorce.
Furthermore, using children as messengers between parents can put undue pressure on them. It’s important to communicate directly with your former partner regarding any divorce-related matters. Likewise, refrain from sharing negative opinions or details about the divorce or your ex-partner. This can create a toxic environment for children, who need stability and reassurance during such a transitional period.
The focus should be on fostering a supportive atmosphere for your children. It’s essential to reassure them that both parents love them and that the divorce is not their fault. An experienced divorce lawyer can offer compassionate support in this trying time, managing the emotional impact of the divorce and helping your children face this change healthily and securely.
Don’t Forget That Divorce is an Economic Transaction
Vindication may be a driving force right now, but it can be exhausting, both emotionally and financially. Divorces are expensive. If you are remaining adversarial just to win, you may be paying dearly for that financially. Although you don’t want to compromise to your detriment, neither do you want to keep up the fight to your financial detriment. Those divorces that navigate settlements through mediation are often the most successful long-term after getting through the initial emotional pain.
Don’t Start a New Relationship During the Divorce
While you might feel your marriage is over long before the final decree, starting a new romance during the divorce process can be a significant mistake. Here’s why it’s a crucial “don’t”:
- Impact on Child Custody: Courts decide custody by what’s in the best interests of the child. A new partner isn’t disqualifying by itself, but judges will look closely at whether your child’s safety, stability, and routine are disrupted. In some cases, orders may restrict overnights with unrelated adults while the children are present (often called “morality clauses”).
- Fueling Conflict: A new relationship often ignites emotions, making settlement harder and pushing cases toward contested litigation. Your spouse may feel hurt or angered, leading them to become less cooperative and more adversarial in negotiations, which can prolong the process and increase legal fees.
- Financial Complications: Spending marital assets on a new partner (e.g., for gifts, trips, or dinners) can be viewed very negatively by the court. This could lead to claims that you are dissipating marital funds, which might affect the equitable distribution of assets.
- Allegations of Adultery: Dating during the divorce may still be considered adultery, even if you are separated. This could, in certain circumstances, influence decisions regarding spousal support or other aspects of the divorce settlement.
Ultimately, while moving on is a natural goal, it’s wisest to wait until the divorce is legally finalized. Keeping your focus on resolving the marriage peacefully and fairly, without the complication of a new romance, is the most prudent path forward.
| Issue | Legal / Practical Implications | Examples / Notes |
|---|---|---|
| Impact on Child Custody | Courts focus on the best interests of the child. A new partner can raise concerns about stability, safety, and routines. Judges may impose morality clauses restricting unrelated adults overnight when children are present. | If a child struggles with transitions due to a new partner, the court may limit parenting time arrangements. |
| Fueling Conflict | New relationships often increase hostility, making divorce more contentious. This can lead to higher legal fees and longer litigation. | A spouse may resist settlement due to jealousy, anger, or perceived betrayal. |
| Financial Complications | Spending marital funds on a new partner may be considered dissipation of assets. Courts may adjust the property division accordingly. | Using joint funds for gifts, travel, or rent for a new partner can result in repayment or loss of share in marital assets. |
| Allegations of Adultery | Even if separated, dating during divorce may still be viewed as adultery in some jurisdictions, potentially impacting spousal support or settlement. | In states where adultery is a fault ground, it can influence alimony decisions. |
Don’t Post to Social Media
Although social media is part of modern life today, you should take particular care in what you post while navigating a divorce. Unfortunately, posts and photos have been used in divorce proceedings when they exhibit financial extravagance or questionable behavior.
This information may also be used to prove that you don’t provide a safe or suitable environment for your children. Deleting information can also be seen as a destruction of evidence. If you are tempted to post on social media, very carefully consider what you are posting and how it could be interpreted.
Don’t Hide Things From Your Divorce Lawyer
Your divorce lawyer must be prepared to be your staunchest advocate. But hiding things from him or her sets you both up for unpleasant surprises. Damaging information has a sneaky way of coming out at the most inopportune moments. Your attorney cannot be prepared to deal with the facts and circumstances surrounding your divorce if he or she does not know about them.
Why Moving Out is the Biggest Mistake in a Divorce?
Legally speaking, it is crucial to understand that moving out of the family home during a divorce can have significant consequences. In legal terms, this choice might be perceived as “abandonment” in a contested divorce case. Even if the divorce initially starts on amicable terms, if it turns acrimonious, the other spouse may exploit this action to their advantage.
Relocating from the shared marital residence during a divorce can establish several significant precedents within the divorce proceedings, such as:
- Child Custody: Leaving the marital home prior to finalizing the divorce can potentially have adverse effects on the allocation of custody and visitation rights. Judges might perceive it as a lack of commitment to the children and may be hesitant to disrupt their established routines and living arrangements. It is important to prioritize the well-being of your children by ensuring a safe and suitable living environment near their school and activities.
- Financial Implications: Moving out can pose financial challenges as you may still bear responsibilities for expenses related to the marital home. Maintaining two households can be costly, and the court may take your ability to do so into consideration when determining spousal support. Leaving the home could be interpreted as a sign of financial viability, potentially resulting in a temporary obligation to provide spousal support.
- Equitable Distribution of Marital Assets: In the state of New York, divorcing couples adhere to the principle of equitable distribution, which does not automatically result in an equal division of assets. However, the court assesses various factors, including each spouse’s contributions to the marriage and their future financial circumstances. By vacating the home, you might inadvertently create an expectation that the other spouse will be granted the family home during the distribution of assets.
Therefore, it is essential to consult with a New York divorce lawyer to fully understand the implications and potential consequences before making any decisions regarding leaving the marital home during a divorce. Contact Juan Luciano Divorce Lawyer today to obtain comprehensive assistance about your divorce case.
Why the Right Guidance Matters
Divorce is never easy, and the emotional weight can make it tempting to act impulsively. However, keeping a level head and avoiding the mistakes discussed above can help you protect your best interests while moving toward a smoother resolution. The decisions you make now can affect your future well beyond the final judgment, so it’s essential to approach this process with care and the right guidance.
If you’re going through a divorce in New York City, having an experienced attorney by your side can make all the difference. At Juan Luciano Divorce Lawyer, we are committed to helping clients manage this transition with dignity, clarity, and confidence. Contact us today at (212) 537-5859 to discuss your situation and secure the representation you deserve.
