Albert Gurevich, Esq. is a New York Divorce and Family Law attorney. To learn more about his practice, please visit his website. You can find more of his articles here.
Divorce is an event that will have a great influence on your future personal and financial well-being. That is why you will need to carefully plan your every move before even filing for divorce. Remember - taking the correct steps during the planning stage will give you a substantial advantage in court.
Gather Important Documents
The outcome of many a divorce case hinges upon the presence of important documents. You have to realize that you may not be the only person planning a divorce - your spouse may be on the same track. Your spouse may even be ahead of you. If that is the case, and if your spouse is unscrupulous in his or her practices, they may try to modify or even destroy some of the documents that will help your case. The bottom line - you have to get to those documents first.
The problem is, some of those documents you might not even know exist. Some other ones are impossible to obtain without the assistance of an attorney, or even a court-issued subpoena. Your attorney will make an evaluation of which documents you need, and will follow the correct procedure for obtaining those documents. You should not take a chance of loosing in court or during negotiations
Collect Evidence
An early start in the evidence-gathering process increases the chance for a positive outcome of your case. In addition, obtaining evidence before starting the process of divorce helps the attorney commence the action in the best possible way, and straightens defenses that you might have to your spouse’s allegations. The law sets strict and exact standards for what can be considered evidence, and the quality of the evidence. Every important event, from infidelity to hiding assets, needs quality evidence. Otherwise, you will not have credibility with the court. Your attorney will help you gather the right kind of evidence, and when the time comes, present it to the court, or use it as a bargaining chip in negotiations with your spouse.
Children
If you are thinking about a divorce, a chance is, your spouse is thinking about the same thing. If you think that your spouse might remove the children from the state, petition the court right away for an order prohibiting your spouse from doing so. Similarly, if your spouse is seriously interfering in the communication between you and your children, time has come to get the court involved.
Overall, divorce is like everything else in life - the better prepared you are, the higher your chances for success.
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