Last Updated On: July 12, 2023

5 Things You Should Not Do During A Divorce

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 and 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 navigate 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.

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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 respectively and cooperatively, this can affect things as important as the custody of your children.

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 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.

5 Things You Should Not Do During A Divorce
5 Things You Should Not Do During A Divorce Details
Don’t Transfer, Conceal, Or Retitle Assets Avoid hiding or transferring assets to prevent their division. It harms your credibility and incurring debt in your spouse’s name affects it.
Don’t Communicate With Your Spouse With Hostility Maintain respectful communication, avoid involving children. Hostile behavior can harm custody matters.
Don’t Forget That Divorce Is An Economic Transaction Divorce has financial aspects. Balance vindication with compromises through mediation for long-term success.
Don’t Post To Social Media Be cautious on social media. Posts can be used as evidence against you in financial and custody matters.
Don’t Hide Things From Your Divorce Lawyer Be honest with your lawyer. Concealing information leads to complications. Transparency is crucial for effective representation.

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.


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