DIVORCE DOWN THE LINE…CAN I TRUST MY LAWYER?

The lawyer chosen to handle a divorce will be a major factor in the lives of the children and people they represent.  A divorce lawyer can be a positive force in the divorce process. Divorce lawyers ponder the fate of their clients and the well-being of their children, and even the fate of the spouse on the other side of the spectrum.

Divorce down the line is something to contemplate.  A  matrimonial lawyer is duty bound to honestly and zealously represent the best interests of the client. 

However, the practice of divorce law in New York State is unique in that the court favors full voluntary financial disclosure and will always be guided by what solution can be had  that best fosters the well being of the subject children.

Sometimes this philosophy flies in the face of what the average citizen has come to understand and expect of their lawyer.  A lawyer is duty bound to protect client confidences.  However, in a divorce case, a New York divorce attorney may not hide assets or income and may not prevent the other side from having an honest financial picture of the parties, and this often flies in the face of what the layperson comes to expect from a privileged attorney client relationship.  

If a client reveals a secret you better believe that secret will not be revealed.  However, financial information is subject to immediate disclosure. Moreover, when it comes to the truth a New York divorce lawyer is an officer of the court and as such cannot be used as a tool of subterfuge.  Therefore, to avoid a costly and dastardly divorce a New York divorce litigant must come to appreciate that ultimately the truth will win out so they may as well be forthright about disclosing their income and assets.

 Failure to disclose assets is a fraud on the court, a fraud on the other spouse and will ultimately end up costing the martial estate more money “down the line”. In other words, treating a divorce case like any other business deal.  Lying about what the finances are on both ends of the spectrum is at a  price the spouses cannot afford to pay.

Think about this for a moment…what one might expect to financially secure by way of equitable distribution is not always in sync with what is in your best interests “down the line”.

For instance a shared objective in any divorce action is well adjusted children.   Remember that as a general rule  children need both parents like the earth needs the sun and the moon.

Which begs the question, aren’t all parties best serve by arriving at an equitable settlement of the financial issues so that more money is preserved for the children and less money is spent on the litigation process?

It is imperative to mention that how New York State divorce lawyers conduct themselves during the course of their representation of divorce clients has an enormous affect on the afterlife of the parties, the children and even on the court personnel. 

What seems of imperative importance to you now in protecting your assets may not be as important to you twenty years down the road when measured against the happiness and well being of your children who have traveled the road of the divorce process right along with you . Thus, if both spouses approach the divorce proceeding feeling as if they have compromised in the best interest of their children then the  ultimately the children will benefit from such compromise.

There will always be people that try to abuse a good working justice system. The best way to stop abuses in the process of obtaining a New York divorce and to ensure the best result for our children is education.   There are many resources which may be tapped into before embarking upon a fully fledged divorce litigation. The web and web pages on divorce provide a wealth of information, but the best resource of all often comes from the New York State. Get a referral from a friend, call up the local or state bar Association and inquire about a referral, and interview with as many divorce lawyers in New York as possible to  ensure that you choose a professional New York Divorce attorney that has an interest in zealously representing you without destroying the financial stability of your family.

 By: Lisa Beth Older, Esq.