We know you don’t need us to tell you how difficult it is to get a divorce. However, we choose to bring up these challenging situations to make sure that you prepare yourself for what is to come when divorcing. Aside from child custody and support, property division is one of the most frustrating parts of a divorce.
Both you and your spouse want to make certain your property settlement is fair and balanced. New York and other states rely on the equitable division model to eliminate unfair settlements. This means that a judge will make the final decision during the property division stage of divorce, but the system is not 100% foolproof. If you have the type of personality that strives to avoid conflict, you could harm your chances of a fair settlement.
Those who seek only to get through the divorce without conflict often give in too easily or choose not to fight for their rights. In such situations, assertive spouses often end up with more of the property than they deserve. For example, if you think your spouse is hiding assets, you may choose not to say anything to your lawyer out of fear that hostility could erupt.
Our attorneys want you to know that this is likely a mistake. Living without two incomes is financially challenging. You will need your fair share of the marital assets simply to survive. In the end, it is not about the conflict at issue; instead, it is about making sure you can continue moving forward with your life after the divorce.
We encourage you to continue reading our website and our legal blog for further information about property division. Being well-informed is one of the best ways you can protect yourself from an unfair settlement as well as unnecessary conflict.