Divorce Lawyer In NYC – “Don’t move out and other lessons from divorce”
As family lawyers, we are all too familiar with the phrase “possession is nine tenths of the law,” and the underlying concept: it is much easier to hold onto something you already have than to take something from someone else. Though not an actual law, the practical implications of this phrase apply to all aspects of divorce litigation. A couple collects things during a marriage – property, money, children, personal possessions, etc. When that couple divorces, all of those things that have been collected need to be divided, awarded, or shared. When the court case begins – no matter the circumstances – the judge has no way of knowing the appropriate way to make these determinations, and so, with few exceptions, everything is ordered stay as it is while the court sorts everything out.
Divorce lawyer in NYC because of this practical reality, a party entering a divorce should hold onto assets that have traditionally been in their possession to avoid losing control over them, should remain in their current residences (unless there are physical safety concerns), and should maintain usual childcare obligations and activities. This ensures that life continues normally throughout the litigation, but also shows the judge that the assets, residences, and custodial arrangement should remain in that party’s possession and control. As a divorce lawyer in NYC, I tell my clients that the number one on the list of things to hold onto is residency. If a party has any desire whatsoever to own a residence, or continue to live in it, after the divorce is finalized, they should not move out (other than in situations of domestic violence, or other circumstances that require living apart). Your spouse may annoy you. You might be sleeping on a couch in the basement. If you can deal with it for the months of divorce litigation ahead, the chance of eventually living in the residence without your spouse increase exponentially.