How to Prepare for Divorce in New York
Understand what to expect when facing a divorce in New York. Contact our Divorce Attorneys in Manhattan & Brooklyn.
What to Consider and How to Prepare for Divorce in the State of New York
Deciding to get a divorce is never an easy decision. It’s important to understand how to prepare for divorce in New York due to the intensive legalities behind it. The first thing, and perhaps the hardest to come to terms with, is that divorce in New York has no set timeline. How long your divorce will take depends on how complicated your separation is, and if there are issues regarding asset division, child custody, and spousal support. If you’re struggling to get your divorce in New York started or resolved, call our New York divorce attorneys at Brian D. Perskin and Associates in Brooklyn or Manhattan at 866.795.1702.
Here are the primary factors to consider when preparing for your divorce in New York:
- Assets Involved: In New York divorce proceedings, thorough documentation and disclosure of all assets, including real estate, investments, and personal property, are essential to ensure equitable distribution.
- Amicability: While contentious divorces can prolong the process and increase costs, maintaining an amicable relationship with your spouse can lead to smoother negotiations and potentially less acrimonious outcomes.
- Spousal Support: New York courts may award spousal support, also known as alimony, based on factors such as the length of the marriage, income disparities between spouses, and the standard of living established during the marriage.
- Equitable Distribution: New York follows the principle of equitable distribution, which means that marital assets are divided fairly but not necessarily equally. Factors considered include each spouse's financial contribution, earning potential, and the needs of any children involved.
- Filing Paperwork: Filing paperwork accurately and on time is crucial in New York divorce proceedings to ensure compliance with court procedures and deadlines, facilitating the efficient resolution of the case.
- Child Custody: In New York, child custody decisions prioritize the child's best interests, considering factors like parental stability, the child's relationship with each parent, and the child's preferences if mature enough.
- Child Support: Calculated through a statutory formula, New York's child support considers factors such as parental income, the number of children, and any special needs. It ensures both parents contribute financially to their children's upbringing.
- Preparing Your Children for Divorce: Preparing children for divorce involves honest and age-appropriate communication, reassurance of love and support, maintaining routines for stability, and involving them in discussions about custody when appropriate.
These are just a few things to keep in mind when considering a divorce in New York. Whether you are simply contemplating divorce or are ready to go through with it, our experienced New York divorce attorneys can help answer any questions you may have.
Understanding the Divorce Process in New York
It is important to know the steps you face as you approach a divorce in New York. The best way to learn is to contact Brian D. Perskin & Associates P.C. to find out exactly how your divorce strategy will work.
While every divorce case is unique, there are general steps that are typically involved in a New York divorce:
- Filing for Divorce: The first step is filing a divorce petition with the court. The spouse who files is called the plaintiff, and the other spouse is the defendant. The plaintiff must serve the divorce papers to the defendant according to New York's legal procedures.
- Temporary Orders: Depending on your circumstances, temporary orders may be issued during the divorce process. These orders can cover issues like child support, temporary spousal support, and custody until the divorce is finalized.
- Discovery: During the discovery phase, both spouses exchange financial information and other relevant documents. This step is critical for ensuring transparency in asset division and financial support agreements.
- Negotiations and Settlements: Before going to trial, most divorcing couples in New York attempt to negotiate a settlement. Mediation can be a helpful alternative to court proceedings, as it allows spouses to reach agreements on asset division, support, and custody outside of court.
- Trial: If negotiations fail, your case may go to trial. A judge will make the final decisions on contested issues, such as asset division, spousal support, and child custody.
- Post-Divorce Modifications: Even after your divorce is finalized, circumstances may change. In New York, either spouse can request modifications to support or custody orders if there is a significant change in circumstances.
Together, our lawyers have more than 40 years of experience representing clients in divorces of all kinds. We are confident that we can successfully resolve your New York divorce as quickly as possible.
Do’s and Dont’s During the Divorce Process in New York
A divorce in New York can be emotionally taxing, and there are certain behaviors that can either smooth out or complicate the process. By adhering to some basic “do’s” and avoiding common “don’ts,” you can protect your interests and ensure a smoother transition.
Do:
- Seek Legal Counsel: Consult with a reputable divorce attorney familiar with New York state laws to understand your rights, responsibilities, and options.
- Organize Financial Documents: Prepare for the discovery process by gathering all relevant financial documents—bank statements, tax returns, investment portfolios, and real estate deeds. This ensures transparency during asset division.
- Prioritize Communication: Maintain open and respectful communication with your soon-to-be ex-spouse to facilitate negotiations and potentially reach mutually beneficial agreements.
- Consider Mediation: Mediation can be a less adversarial and more cost-effective alternative to court litigation. A neutral mediator can help you and your spouse negotiate agreements on critical issues.
- Focus on the Best Interests of Children: Prioritize the well-being of children involved, striving to create a co-parenting plan that fosters stability and positive relationships.
Don’t:
- Hide Assets: Attempting to conceal assets during divorce proceedings can lead to severe legal penalties. New York courts take asset transparency very seriously.
- Make Rash Decisions: Divorce is an emotional process, but it’s important to avoid impulsive decisions that could negatively impact your future. Take the time to consider long-term consequences before making choices.
- Involve Children in Conflict: Shield children from unnecessary conflict or animosity between parents, avoiding using them as pawns or involving them in adult disputes to protect their emotional well-being.
- Violate Court Orders: Violating temporary orders or final judgments can result in contempt charges and damage your case. Be sure to follow all court orders related to custody, support, and property division.
- Vent on Social Media: Refrain from discussing divorce details or disparaging your ex-spouse on social media, as such behavior can be used against you in court. It can also exacerbate tensions.
Divorce Laws in New York
When filing for divorce in New York you will need to meet both the residency requirement and have “grounds” for divorce.
At least one of the following conditions must be true to meet the residency requirement in New York:
- If you didn't get married in New York and never lived in New York as a married couple, you or your spouse will need to live in New York for at least 2 years prior to filing for divorce.
- If you got married in New York, lived in New York as a married couple, or if the grounds for your divorce happened in New York, then you or your spouse will need to have been living in New York State continuously for at least one year.
- Both you and your spouse are residents of New York, and the grounds for your divorce happened in New York.
There are seven legally acceptable grounds for divorce in New York:
- Irretrievable Breakdown: Also known as a "no-fault" divorce, this occurs when the relationship has been irretrievably broken for at least six months. No specific wrongdoing needs to be proven.
- Cruel and Inhumane Treatment: This is when one spouse's physical or mental abuse makes it unsafe or improper for the other spouse to continue the marriage.
- Abandonment: When one spouse abandons the other for at least one year. This can be physical abandonment (leaving the marital home) or constructive abandonment (refusing to engage in marital relations).
- Imprisonment: If one spouse is imprisoned for three or more consecutive years after the marriage began, this can be grounds for divorce in New York.
- Adultery: A divorce in New York can be granted if one spouse proves the other has committed adultery. However, it must be proven in court with clear evidence.
- Divorce After a Legal Separation Agreement: If the spouses have lived apart for at least one year after signing a legal separation agreement, they can file for divorce in New York.
- Divorce After a Judgment of Separation: If the court issues a judgment of separation and the spouses live apart for at least one year, they can proceed with a divorce in New York.
New York’s divorce laws can be complex, but it’s important to understand the residency requirements and grounds for divorce in New York when you are deciding to get a divorce. Working with an experienced New York divorce attorney can make the process smoother, helping you navigate the legal complexities and ensuring you’re ready for each step.
If you’re considering divorce, contact Brian D. Perskin & Associates today for expert guidance and support throughout your case.
How to Prepare for Divorce FAQs
You don’t need to get a divorce attorney, but it is highly recommended. Learn More
In New York there are four grounds for divorce: cruel and inhuman treatment, adultery, abandonment for one or more years, or imprisonment for three or more years. Learn More
How long your divorce will take depends on a variety of different factors like the nature of the divorce, the parties to the divorce, the county that the divorce papers are filed in, the judge, the state, etc. Learn More
For more information about how our office can help with your divorce case, please contact a New York Divorce Attorney from our firm to receive our comprehensive legal support. Call 718.752.7426 to learn more information about our services.