Divorce: A Practical Guide: A Common-Sense Approach from an Experienced Matrimonial Attorney

By Phillip J. Jusino, Esq.

It’s almost impossible not to go through life without being affected by divorce.
If it happens, it’s important to know your rights to protect yourself and your family—especially your children.
Phillip J. Jusino, an experienced matrimonial attorney who heads the law firm of Phillip J. Jusino & Associates in Lake Grove, New York, walks you through the process to ensure that you receive all to which you are entitled. Learn how to:
 prepare yourself for a divorce, including options such as a legal separation;
 avoid mistakes that could come back to haunt you during legal proceedings;
 pick a lawyer and other professionals that are qualified to protect your interests;
 fill out a financial net worth statement and other important forms.
 deal with issues surrounding Domestic Violence.

• Language: English
• Publisher: Lulu Publishing Services
• Release date: Oct 17, 2014
• ISBN: 9781483416878

Book preview

Florida

DIVORCE:

A Practical Guide

A Common-Sense Approach from an Experienced Matrimonial Attorney

Phillip J. Jusino, Esq.

Copyright © 2014 Phillip J. Jusino, Esq.

All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of both publisher and author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.

ISBN: 978-1-4834-1686-1 (sc)

ISBN: 978-1-4834-1688-5 (hc)

ISBN: 978-1-4834-1687-8 (e)

Library of Congress Control Number: 2014914697

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

Any people depicted in stock imagery provided by Thinkstock are models, and such images are being used for illustrative purposes only.

Certain stock imagery © Thinkstock.

Lulu Publishing Services rev. date: 09/15/2014

CONTENTS

Introduction

Chapter 1    Welcome To The Divorce Process

Chapter 2    Assembling Your Team

Chapter 3    Know Your Worth

Chapter 4    Listen To Your Attorney And Keep An Open Mind

Chapter 5    Take Advice From Non-Professionals With Appreciation And A Great Deal Of Skepticism

Chapter 6    What We Have Here Is A Failure To Communicate

Chapter 7    Re-Evaluate Your Expectations And Adjust Them [If Necessary]

Chapter 8    Time To Negotiate

Chapter 9    Do All You Can To Settle

Chapter 10    Prepare For Trial, But Still Do All You Can To Settle

Chapter 11    What To Expect From A Trial

Chapter 12    Understanding The Judge’s Decision And Moving Forward

Chapter 13    If At First You Don’t Succeed…

Chapter 14    Your Options When There Is Domestic Violence

Chapter 15    Same Sex Marriage

Chapter 16    Yes, There Is Life After Divorce

Chapter 17    My Opinion Of Mediation

Chapter 18    Obamacare And Marriage

Afterword    An Imperfect System

Acknowledgements

About The Author

Glossary

Notes

Endnotes

I

dedicate this book to my parents,

Ozzie and Alice Jusino

Thanks for always being there for me.

INTRODUCTION

There are five birds sitting on a fence. Three of those birds decide to fly away. How many birds are left?

The most common answer that I receive when I tell this riddle is I want to say two, but I know that’s not the right answer. Although that response is accurate, it is not the correct answer.

The correct answer is five because those three birds decided to fly away, but did not actually do so. The point here is that quite often people decide to do things, but do not take the necessary steps to complete the task or achieve their goal.

For instance, I have decided to lose twenty pounds many times but as of yet I have not achieved that goal. In other words, my decision to lose the weight is only the first step in a process that requires other actions to follow.

The same applies when you decide to get divorced. The decision to get divorced or legally separated is just the first step in a process that will require you to venture out into a minefield requiring you to make decisions and take action before you achieve your goal.

Divorce: A Practical Guide will prepare you for what you will face, or are now facing, and how best to deal with those issues.

As I wrote Divorce: A Practical Guide, my goal was to deal with those issues, some of which are complex, in a concise and understandable way. I believe I have achieved that goal. Now, you be the judge.

CHAPTER 1

WELCOME TO THE DIVORCE PROCESS

If no one ever took risks, Michelangelo would have painted the Sistine floor.

—Neil Simon

I’m not going to sugar coat it, going through a divorce is unpleasant. Yet it does not have to feel like walking through the fires of hell either. In fact, it can be quite liberating.

According to some studies, about half of the marriages in America end in divorce. That number was about fifty percent in the 1980s, but according to one study reported in 2013, those numbers have lowered to around forty percent.¹ As someone who has practiced matrimonial law for well over twenty years, the divorce rate is high no matter what report or study you believe.

According to U.S. Census Bureau data, the number of Americans getting divorced rose for the third year in a row to about 2.4 million in 2012, after plunging in the eighteen month recession that ended in June 2009. To put it in perspective, as the economy started to rebound, so did the divorce rate.

According to Johns Hopkins University sociologist Andrew Cherlin, the same phenomenon occurred in the 1930s. The divorce rate dropped during the Great Depression not because people were happier with their marriages but because they could not afford to get a divorce. To quote a sentiment that I hear often, It’s cheaper to keep her.

Generally speaking, and depending upon your particular state, when you are considering a divorce, you have the following five options:

1. Obtain a legal separation. With a legal separation you and your spouse sign a Separation Agreement that is almost identical to a Stipulation of Settlement in a divorce action. However, with a legal separation, the Separation Agreement is not submitted to the court at that time. With a legal separation, you and your spouse are still legally married, but you will live separately and all of your legal marital issues will have been resolved pursuant to the Separation Agreement. If after one year either