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:

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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:

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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.


  • 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.


  • 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:

In New York there are 7 grounds for divorce that are legally acceptable:

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.

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