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Whether a divorce is unexpected or a long anticipated event, it's almost inevitable that without careful planning, it will affect a person’s assets. According to the family law attorneys at Thomas A. Corletta, Attorney at Law, there are steps you can take to help ensure that a divorce is carried out equitably, without infringing on property rights any more than necessary.

When faced with a divorce, the criminal and civil trial practice recommends the following:

1. Documentation: While New York is an “equitable distribution” state, any property obtained by a party prior to marriage still belongs to that person; gifts and inheritance may also fall into that category. You can ensure these types of assets are retained by safeguarding documentation of how you received or obtained them; such as copies of bills, receipts, cancelled checks, closing statements, etc. Many times, people also make a video recording of marital assets to ensure the opposing spouse does not attempt to secret them and then claim they never existed. Other records that can prove ownership of assets individually, or prior to marriage, include tax returns, bank statements, titles, deeds, and inheritance documents. Keep these and all other records in a safe place, and remove them from the marital residence if necessary.

2.Staying in the family home: Moving out can be a bad decision. It can unnecessarily increase expenses, and can affect relationships with children. Unless the personal safety of yourself and others are threatened, stay at home as long as possible until a settlement is reached.

3. Closing joint accounts: Discuss this with your lawyer before doing so. You will want to establish separate accounts as soon as possible, to prevent the opposing spouse draining off valuable income and exercising unequal control over finances.

4. Privacy: Keep the process as private as possible, and avoid discussing the legal details with anyone, especially in the pre-settlement stages. Keep all information strictly between you and your lawyer. Don't discuss your case on social media in any way.

5. Amicability: If you and your spouse can remain amicable throughout divorce proceedings, you will reduce attorney fees and court costs. Most importantly, if there are children involved, remaining amicable is the best long-term solution for everyone involved. You are going to have to deal with your spouse post-divorce if there are children, whether you want to or not. It is difficult to effectively parent children without some cooperation.

To book a consultation with Thomas A. Corletta, Attorney at Law, dial (585) 546-5072 or visit the firm online for more information.

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