Divorces are complex because they involve emotional family issues and the division of things once shared. Even in divorces where the couple parts amicably, the negotiations and proceedings can bring out the absolute worst in people. As a result, whether you and your soon-to-be ex-spouse are parting amicably or not, your main goal should be to win your divorce case. The following five tips can help you win your case.
Don’t Move Out of Your Marital Home
When going through a divorce, you may want to get as far away from your spouse as possible. However, leaving is a bad idea unless there are domestic violence issues. Additionally, if you leave your kids to move out, even if you spend time with them, your soon-to-be ex could use your actions to pursue primary custody.
The court may also take you leaving the marital home to mean you gave up your legal rights to the property. Therefore, if you want to keep the home in the divorce, it is recommended that you stay in your marital home and learn to live with your future ex-spouse until the court determines what the living arrangements should be.
Make a Detailed List of Your and Your Spouse’s Assets and Liabilities
In New Jersey, during a divorce, the court will try and divide marital property equitably based on several factors, including:
- Duration of marriage
- Financial circumstances of each party
- Standard of living during the marriage
- Contributions to the marriage by each party
- Value of property being distributed
Therefore, if you want your marital property to be distributed fairly and equitably, you should account for everything. If a divorcing person makes decisions based on emotions, those decisions may turn to unethical tactics, like hiding assets from a spouse or making frivolous charges on joint credit cards to run up shared debt.
Writing a detailed list of marital assets and liabilities can help ensure that nothing is overlooked during the divorce proceedings. In addition to making a list, keep records of your income and expenses. You can use your list as evidence when determining child support and alimony needs.
Keep Your Emotions in Check
No one expects you to be emotionless when going through a divorce, but letting your emotions control your decisions can lead to disastrous outcomes. When thinking with your heart, you can get stuck on things that don’t matter and lose something that does matter. For example, if you are adamant about getting a car because you know your soon-to-be ex wants it, you could lose the house you actually care about. When you put your emotions aside, you can think logically, which allows you to make the best decisions for your future. Don’t allow your emotions to get in the way of divorce negotiations.
Avoid Posting on Social Media
Posting on social media can be fun and even soothing, but you should avoid posting on social media during your divorce proceedings because everything you post can be used against you. Rants on social media about your divorce or children can make you seem unstable, which could lead to your spouse getting primary custody.
On the other hand, posts with pictures of extravagant vacations or your new significant other can be used to undermine the requests you are making during the divorce proceedings. Any post or image could be construed incorrectly, so avoid posting on social media to give yourself the best chance at winning your divorce case.
Hire an Experienced Legal Team
Having an experienced divorce attorney can make a huge difference in the outcome of your case. A divorce attorney will do the following:
- Gather evidence to determine appropriate marital property distribution, child custody, child support, and alimony
- Review and present evidence in the divorce proceedings
- Negotiate with your spouse and their attorney to reach a settlement agreement
- Represent you in court if a settlement cannot be reached
- File all necessary paperwork on your behalf to finalize the divorce
An attorney can make a substantial difference in the amount of custody and support you are awarded during a divorce because they understand what to look for and how to present evidence in your favor. Additionally, an experienced attorney could ensure that all agreements reached during the divorce are legally enforceable. For example, you do not want to agree to ten years of alimony in a handshake deal that your ex backs out of after two months. Without a legal contract, you would likely have no way to enforce the remaining payments.
The skilled and knowledgeable Monmouth County divorce attorney of The Law Office of Andrew A. Bestafka, Esq. will review the facts of your divorce and present the best scenario in your case that could help you win your divorce. To have our experienced divorce attorney review your case, call us at (732) 898-2378 or fill out our online form, and we will contact you.