Things to do when filing for divorce in N.Y. | Commentary

Filing for divorce in New York can be a complex and difficult process. To navigate this journey successfully, it’s important to understand the specific requirements and take proactive steps to protect your interests. In this article, we will provide you with a comprehensive guide to the important things to do when filing for divorce in New York. By following these steps, you can approach the process with confidence and clarity.

When initiating the divorce process in New York, there are several actions you should take to ensure a smooth and well-prepared transition.

Understand the divorce process in N.Y.

Filing for divorce in New York involves specific legal procedures and considerations. Here’s what you need to know:

1. Understand the divorce process in New York: This may seem obvious, but we can’t stress enough the importance of educating yourself about the rules and regulations regarding divorce under New York state law. Familiarize yourself with the requirements, timelines, and procedures involved.
2. Gather important documents and financial information: Collect all the necessary documents and financial information relevant to your divorce case. This includes marriage certificates, financial records, joint or separate property deeds, tax returns, and bank statements.

Supreme Court

Divorce cases in New York are typically handled by the state’s Supreme Court. Familiarize yourself with the Supreme Court’s jurisdiction and the specific court where you need to file your divorce papers.

Serving your spouse

In New York, you must serve your spouse with the divorce papers. This involves delivering the necessary documents through an authorized method, such as personal service by a professional process server.

Filing fees and the County Clerk’s Office

Be prepared to pay the filing fee when submitting your divorce papers to the County Clerk’s Office. The fee may vary depending on the county. Contact the specific county clerk’s office where you plan to file for divorce to inquire about the current filing fee.

Gather important documents and financial information

Before filing, gather all the necessary documents and financial information, including:

• Marriage certificates and IDs: Obtain certified copies of your marriage certificate and identification documents. These will be required to prove the existence of the marriage and establish your identity.
• Financial records: Collect financial records, including bank statements, tax returns, investment statements, and records of debts and liabilities. Having a comprehensive overview of your financial situation will aid in the equitable division of assets and determining spousal support, if applicable.
• Property documentation: Compile documentation related to any real estate or significant assets owned jointly or separately. This includes property deeds, mortgage statements, and appraisals.

Understand the impact of divorce on your taxes

Divorce can have significant implications for your tax obligations. For example, after divorce, your filing status could change. Discuss with your attorney or tax professional whether you will file as a single, head of household, or qualify for any other applicable status.

Also, consider the impact of divorce on child-related tax matters. Determine which parent will claim the child as a dependent for tax purposes and how child support and child custody arrangements can affect tax obligations.

Inform and prepare children

If you have children, parents should approach the divorce process in a way that minimizes the impact on them. Have age-appropriate discussions with your children about the upcoming changes. Reassure them of your love and support and encourage them to express their feelings and concerns.

Always prioritize the best interests of the child or children throughout the divorce process. Consider their emotional well-being, education, healthcare, and visitation arrangements. Work with your spouse or through your attorneys to develop a mutually acceptable parenting plan. If necessary, involve professionals such as therapists or counselors to provide emotional support to your children during this challenging time.

Consult with an experienced divorce attorney

Filing for divorce in New York requires careful planning and consideration, and a divorce attorney will provide you with expert legal guidance, ensuring that your rights and interests are protected. They will guide you through the legal process, ensuring compliance, helping you make informed decisions, and arriving at the best possible settlement agreement.

If you are considering filing for divorce in New York or have further questions about the process, don’t hesitate to reach out and contact us for more information. We’re here to help!

Paul J. Tortora Jr. is a Senior Associate with Tully Rinckey PLLC, where he focuses his practice on education and family and matrimonial law. Paul has experience providing representation in divorce proceedings and other family law matters, including custody, domestic violence, child support, spousal support, and paternity, in Supreme Court and Family Court. He can be reached at [email protected] or at (888) 529-4543.