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Mistakes In The New York Divorce Process Can Often Be Catastrophic

On Behalf of | May 3, 2016 | Divorce

     Getting a New York divorce is not what the accountants call a routine transaction in ordinary course of business.  It is not a routine transaction.  Nor is it a repeating transaction.  So you need to get it right, whether you are seeking the New York divorce or whether you are the defendant in the New York divorce action.   If not, and if  you die before you get it right, your spouse could inherit everything, or rip you off.   You would not perform brain surgery on yourself.  It is also a smart idea not to presume that you can manage your own New York divorce.   As I instruct witnesses before we appear in New York courts,  it is not a dress rehearsal.   Matters in New York Courts should be analogized to sky diving: if your parachute does not open you are dead.  So protect yourself.  Take care.  And make sure that you get it right.  Figuratatively speaking: honor the carpenter’s adage: Measure twice and cut once. 

      There is a New York joke that goes like this: how many New Yorkers does it take to screw in a light bulb?  Answer: 58.  Do you know why ?  Because its in the contract ! 

    When the time comes for a New York divorce, there are many hard,  fast and arbitrary rules.  Its in New York law.  The New York Divorce summons to start the proceeding has to state: Action For A Divorce.  If not, there cannot be New York Divorce.  That New York divorce summons has to be served in a certain way.  If not, there is no divorce.  There is more: There has to be an official sworn matrimonial net worth statement, which has to be signed under penalty of perjury and certified by your divorce lawyer.  Its not rocket science.   Placing yourself in the hands of an experienced professional won’t  break the bank. 

    The theme here is that New Yorkers who are planning a New York divorce or who are faced with a New York divorce, are well advised to avoid making certain mistakes in the process.  Approaching the end of the marriage in a sober and calculating manner and not driven by emotional stress, may well make the difference between your freedom and your future,  and economic catastrophe.   The divorcing New Yorker can potentially save thousands of dollars, and the high net worth spouse can preserve millions of dollars.  When New York divorce looms , your spouse is no longer your trusted ally and the trimtab of your life.  This is a zero sum game.  Don’t try to invent the wheel.  Don’t be gullible or penny wise and dollar foolish. 

    New York divorce lawyer Robert G. Smith, PLLC is an experienced and highly regarded professional with a documented record of success in high net worth New York divorce.   Ethical New York divorce lawyers should respect the fact that your hard earned money and assets are yours to keep.  Robert G. Smith the New York divorce lawyer will not, figuratively speaking, put his hand in your pocket and spend your assets on legal fees and expenses simply because you have them.   The New York divorce lawyer Robert G. Smith will assemble the individually tailored financial and forensic team you need without waste.    Divorce lawyer Robert  G. Smith also knows which purportedly “professional valuation” experts, pound for pound, will get you the bang for your buck that you deserve. 

      Its your first divorce, not mine.  New York divorce lawyer Robert G. Smith will never throw resources and expenses at your divorce process that can be saved for your future and for the future of your children and grandchildren.  This catastrophic event that we call a divorce is about is about saving your life and enabling your future.

Settling a divorce case through mediation is much less expensive than litigating a case. Litigation involves spending sometimes substantial legal costs and may make a divorce last for months or years. Trying to reach a settlement may make both parties happier and allow them to move on more quickly. People should also consider their finances and expenses after their divorce. This can give them a better idea about whether they can afford to keep the marital home or if it would instead be best to sell it. If one person will remain in the home, making certain it is refinanced in that party’s name only may better protect a person’s credit score.

While reaching a settlement involving the complex asset division associated with a high net worth divorce may seem impossible, a family law attorney may be able to negotiate an agreement benefiting his or her client. People who are able to reach agreements on their own are often happier with the outcome than when they go to court and have a judge make a decision that neither party might be satisfied with.

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