Preparing for Divorce: a Step-by-Step Strategy

Collect statements from all checking, savings, and money market accounts held individually or jointly, covering at least the past twelve months. Request statements for all brokerage accounts, mutual funds, stocks, and bonds, including any accounts held in your name, your spouse's name, or jointly. Obtain current statements for all retirement accounts such as 401(k)s, IRAs, pensions, and deferred compensation plans. These documents provide the court with accurate information about marital assets subject to equitable distribution under New York law.

Obtain the deed to your primary residence and any other real property owned by you or your spouse, along with recent property tax assessments and mortgage statements. Gather documentation for vehicles, including titles, registration documents, and current market valuations. For significant personal property such as jewelry, art, or collectibles, consider obtaining professional appraisals to establish fair market value. This comprehensive documentation ensures that all marital property is properly identified and valued during the divorce process.

New York allows divorce on both no-fault and fault-based grounds. The no-fault ground, available since 2010, requires only that the marriage has broken down irretrievably for a period of at least six months, making it the most commonly used basis for divorce in New York. Fault-based grounds include adultery, abandonment, cruelty, and imprisonment, though these require evidence and may complicate proceedings. When preparing for divorce, understanding which grounds apply to your situation and consulting with an attorney about grounds for divorce options will help you determine the most strategic approach for your case.

Before filing for divorce in New York, at least one spouse must meet New York's residency requirements. Specifically, either you or your spouse must have been a resident of New York State for at least two years before filing, or if the grounds for divorce occurred in New York, one spouse must have been a resident for at least one year. Understanding and satisfying residency requirements for divorce is essential to ensure your case can be filed in New York courts and proceed without jurisdictional challenges.

Organize all financial documents, legal papers, and communications into clear categories such as assets, liabilities, income, expenses, custody matters, and correspondence. Maintain copies of all documents in both physical and digital formats, stored securely and backed up. Document any significant events or communications with your spouse that may be relevant to custody, support, or property division issues. This organized approach enables your attorney to work efficiently and ensures that critical information is readily available when needed during negotiations or court proceedings.

Choose an attorney with substantial experience in New York divorce law who understands your priorities and communicates clearly about fees, timelines, and expected outcomes. During your initial consultation, be prepared to discuss your financial situation, any children involved, your goals for the divorce, and any concerns about your spouse's conduct. Your attorney will advise you on the strengths and weaknesses of your position, explain the divorce process under New York law, and help you make informed decisions about settlement versus litigation. Early consultation with a qualified attorney helps you avoid costly mistakes and positions you to achieve the best possible outcome.