Bellmore, NY asked in Family Law for New York

Q: We have everything joint (house, bank accounts, etc). I am worried about this. I am considering a trial separation

first. What are my rights, and what are the ramifications of this? Do we make an agreement? How would I proceed?

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
  • Brooklyn, NY
  • Licensed in New York

A: Very many people engage in divorce planning which includes having places to escape to when cops are called, separate bank accounts, accommodations for children when the balloon goes up and so on. In your case, you have apparently done nothing to divorce-proof yourself. So you'll enter into an environment of smoke and mirrors in a divorce court. Your assets will be divided "equitably" which means "fairly" -- whatever that means. Kids will be shoehorned into one parent's custody and all property will be divided -- whatever that means.

Your rights include getting a fair split but don't expect fair proceedings. Disclosure is hit or miss in our courts. The court may load on professionals who will bill you separately from your attorney. All of your personal information will be exposed for all to see and opine on. It will not be a pleasant experience.

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