Divorce Lawyer In Brooklyn & Manhattan: When To File For Divorce?
Spouses that are thinking about divorce always try to figure out when the best time would be to end their relationship. Val Kleyman, Esq. frequently works with many clients who are conflicted when they should file for divorce in NYC. Attorney Kleyman says that the decision “when” is very personal matter and specific to each marriage, but there are some guidelines and strategic advantages associated with the timing of starting their case.
It’s importnat to note that many actions by spouses prior to official commencement of action may be considered by the court to be marital decisions and the court will not want to revisit or undo these actions during divorce. This could mean that one spouse making a unilateral decision to sell or change the ownership of one or more marital assets and does so before the process starts, if done with knowledge of the other spouse, it will be deemed to be a marital decision made between spouses during the course of a marriage on consent and the court will not consider it no matter how unfair it is to one of the parties. It’s worthy to note that if the transaction was done by one spouse in contemplation of divorce and without knowledge or consent of the other spouse, the court can look at such a transaction as one that was made in pre-commencement planning. As a divorce lawyer in Brooklyn and Manhattan, Mr. Kleyman notes that if the case is filed in New York, it is accompanied by a “Notice Of Automatic Orders” to each side. This is a form of an automatic court order that marital assets may not be sold or otherwise disturbed until there is either consent by both sides or an order from the court. Attorneys must carefully analyze each situation and advise their clients if their case should be filed immediately to protect their marital assets.
Val Kleyman, a divorce lawyer in Brooklyn and Manhattan also states that another important consideration is retirement and pension accounts. These accounts are subject to equitable division between the former spouses. As such, the money set aside and generated in retirement accounts during the course of the marriage are considered marital property. The date the case is filed will be considered the last day for calculation of pension portions. Pensions often are importnat and valuable assets of the marriage.
Divorce lawyer in Brooklyn and Manhattan advise that, in general, it doesn’t matter which spouse files for divorce first. Filing first tells the other side definitely that the marriage is over and that divorce has begun. It sets the stage and pace for the upcoming process. Some attorneys prefer being the plaintiffs as opposed to the defendants for strategic purposes to control the time and tempo of the case.
The most important factor in determine when to file for divorce is when each client is certain that they no longer wish to remain in the relationship with the with the other spouse. The client has to be personally, emotionally and financially ready to take this step and has to be sure the the relationship has come to an end beyond repair. If the spouse has any reservations, hopes or wishes to take actions to save the marriage, those must be done before the divorce is filed. NY divorce attorneys must put their client’s interest first and allow each client to come to the conclusion to proceed with divorce on their time.