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Property Division in New York: How to Have Realistic Expectations

It is the unscrupulous divorce lawyer who will tell you that you deserve every cent in the divorce, and that they can guarantee you this result. For one thing, there are no guarantees in the legal field. And in New York, while it is true that a 50/50 split is not automatic, this is because in New York, property division is supposed to be equitable (fair). What does "fair" mean to a New York divorce court? It is important find out so that you can go into the divorce process with realistic expectations.

For example, if the marriage lasted a couple of years, a judge may want to decide that each spouse should return to where they stood financially before the marriage. If a marriage has lasted a long time, however, which usually means that there is a considerable percentage of marital property, then a judge may presume that an equal split is fair until proven otherwise. What this means is that if you think you deserve more, then it is up to you to prove so. When it comes to the nitty-gritty details of who gets what, a judge is likely to pay attention to the larger assets in the split. If someone wants to fight over some cookware and they think they can win this battle in court, this can backfire. A judge does not want to have to deal with petty items, and he or she will certainly not be pleased if both parties and their lawyers waste time on this in court.

If you are worried about the family home, know that in general, a judge will be likely to want any children to stay in the family home, at least for a while. This can delay the sale and split of the house, the delay lasting as long as the judge decides is best for the children and the parents' finances.

Of course, this addresses equitable distribution in divorces that take place in a trial, with a judge deciding the major terms of the breakup. If a couple seeks out an uncontested divorce, divorce mediation, or simply a divorce settlement, however, then a couple can decide for themselves what is fair in the property split, as well as in the other terms of their divorce. Learn the benefits of avoiding a divorce trial when you contact the Meyers Law Group, P.C. You can also learn what to expect in your divorce when it comes to child custody, support payments, and more. Our experienced Long Island divorce attorney can help you find the best approach to take in your situation in order to come out with the results that you deserve. With so much riding on how your divorce turns out, do not wait. Contact our firm today!