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 the State of New York due to the intensive legalities behind it. The first thing and perhaps the hardest to come to terms with is that divorce has no set timeline. How long your divorce will take depends on how complicated your separation is and if there are children or a large amount of assets involved. If you’re struggling to get your divorce started or resolved, call our New York City divorce attorneys at Brian D. Perskin and Associates in Brooklyn or Manhattan.
Here are a few considerations you’ll want to make when determining if a divorce is right for you:
- 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 think about when considering a divorce. 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 New York divorce. The best way to learn is to contact Brian D. Perskin & Associates P.C. to find out exactly how your divorce strategy will work.
However, there are some general steps that most divorcing couples in New York go through:
- Paperwork
- Filing for Divorce and Serving the Papers
- What To Do After Being Served
- Temporary Orders
- Discovery
- Should You Settle or Go To Trial?
- Meetings Before Trial
- Making Legal Modifications
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
Divorce proceedings in New York can be intricate and emotionally taxing, necessitating a careful approach to ensure equitable outcomes. By adhering to certain guidelines, individuals can navigate this challenging period with greater clarity and efficiency.
Do:
- Seek Legal Counsel: Consult with a reputable divorce attorney familiar with New York state laws to understand your rights, responsibilities, and options.
- Gather Financial Documents: Collect bank statements, tax returns, and investment account information to ensure transparency and fairness during asset division proceedings.
- Prioritize Communication: Maintain open and respectful communication with your soon-to-be ex-spouse to facilitate smoother negotiations and potentially reach mutually beneficial agreements.
- Consider Mediation: Explore mediation as a less adversarial and cost-effective alternative to litigation, with a neutral third party assisting in reaching agreements outside of court.
- 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.
While navigating a divorce, it’s equally important to be aware of behaviors and actions that can potentially complicate or prolong the process. In New York, as in many other jurisdictions, there are certain pitfalls to avoid to ensure a smoother transition out of marriage.
Don’t:
- Hide Assets: Avoid attempting to conceal assets or manipulate financial information, as this can lead to severe legal consequences, including financial penalties and loss of credibility in court.
- Make Rash Decisions: Despite the emotional turmoil, avoid making impulsive decisions without considering long-term implications, as these can lead to regret and additional challenges.
- 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: Adhere to court orders regarding custody, support, and property division, as failure to comply can result in contempt charges and further complicate the divorce process.
- 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 and exacerbate tensions.
Following the do’s and don’ts outlined above, allows individuals to protect their interests and move forward with their lives in a more positive manner.
Divorce Laws in New York
When filing for divorce in New York you will need to meet both the residency requirement and have a “ground” for divorce.
New York’s residency requirement:
- If you didn’t get married in New York, 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 grounds for your divorce happened in New York, and you or your spouse have been living in New York State continuously for at least one year.
- Both you and your spouse are residents of New York and grounds for your divorce happened in New York.
In New York there are 7 grounds for divorce that are legally acceptable:
- Irretrievable breakdown in relationship for a period of at least 6 months
- Cruel and inhumane treatment
- Abandonment
- Imprisonment
- Adultery
- Divorce after a legal separation agreement
- Divorce after a judgment of separation
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.