Divorce can be a challenging transition, but being prepared can help you navigate the process. Aiello & DiFalco, LLP, has created the following divorce preparation checklist to keep you on track. As a leading family law practice in New York, we are committed to helping you move on to the next chapter of your life. Contact us today for a consultation.
Before you file for divorce in New York, take the following steps to be prepared:
1. Determine Whether You Can Settle Outside of Court
Generally, there are two types of divorce: uncontested and contested. In an uncontested divorce, you and your spouse agree on important divorce-related issues:
If you cannot agree on all the issues, the divorce becomes contested. In this situation, there are two paths for ending your marriage: divorce mediation or litigation.
2. Agree to New Custody and Parenting Arrangements
Before the New York courts grant a divorce, parents must agree to a parenting plan–which parent will have primary custody of the children or whether custody will be shared, visitation schedules (e.g., overnights and weekends), and holiday and school break schedules.
Keeping track of the children’s time with each parent, communication issues, and expenses will help determine custody arrangements. All parents must also support their children financially. In a divorce, the noncustodial parent will pay child support unless custody is shared. In that situation, the parent who earns more will pay child support.
3. Collect Marriage Documents
Gather documents related to your marriage and estate, including:
- Marriage license
- Prenuptial/postnuptial agreements
- Estate planning documents (e.g., wills, trusts, powers of attorney, advance healthcare directives)
- Life insurance policies for either spouse
Remember, beneficiary designations on your estate planning documents and life insurance policies must be updated after the divorce is final.
4. Compile Essential Financial Information
Collect the financial information you’ll need to resolve property division and child support issues, such as:
Assets
Compile a list of your marital assets, including the marital home, other real estate, vehicles, bank accounts, credit card debts, medical bills, retirement accounts, stocks, bonds, and other investments. The courts in New York require both parties to provide financial disclosures, but some spouses may attempt to conceal assets. Being as detailed and accurate as possible will help you during the divorce process.
Debts
Track down documentation of your marital debts, including mortgages, auto loans, joint credit cards, personal loans, and student loans.
Retirement Plans
Retirement accounts such as 401(k) plans, pension plans, and IRAs are subject to equitable division in a divorce, so gather information on both spouses’ retirement or pension accounts.
Income Information/Tax Returns
Make copies of your spouse’s W-2s or other paycheck information to provide to your divorce lawyer; locate copies of your joint tax returns for the last 5 to 10 years if possible.
5. Gather Other Personal Information
Collect the following personal information:
- Credit report – Get a free copy of your credit report to ensure your credit profile is accurate and up to date
- Login credentials – Make a list of login information for your joint accounts (bank accounts, credit cards, health insurance)
- Deeds – Locate deeds or other documents identifying the property you own together or separately
- Vehicle titles – Make copies of the titles of cars and other vehicles owned jointly and separately
6. Begin Separating Your Life
Starting a new life after a divorce in New York involves several to-dos, such as:
Protect Your Credit
Because divorce may damage your credit rating, close your joint credit card accounts to prevent your spouse from running up bills, and open a new credit card in your name to maintain your credit after the divorce.
Open New Bank Accounts
If you have joint checking and savings accounts, open new accounts in your name only. However, do not move your direct deposit to your new account until your lawyer or the court tells you to. Both spouses’ earnings are considered marital property – removing those funds from joint accounts could impact your divorce.
Protect Your Online Information
Change the passwords to your email and social media accounts, and don’t post comments about your divorce on social media.
Set Up a P.O. Box
If you have a divorce lawyer and expect to receive mail related to your divorce, get a P.O. box in your name so you can receive important documents without your spouse’s access.
Find Health Insurance
Explore your options for health insurance if your spouse’s plan covers you or if you are unemployed.
Itemize Your Belongings
Create a list of personal items that belong only to you, like jewelry, family heirlooms, or gifts, and secure them with a family member, if necessary. However, you must disclose these items in financial or other disclosures when the court or an opposing attorney asks.
7. Determine Living Arrangements
Many divorcing couples cannot afford to pay for separate dwellings and may need to stay in the same home. If living together is not an option, you must decide which spouse will remain in the marital home while the divorce is pending. If there are minor children, the primary caretaker will likely continue living in the marital home to provide stability for the children.
8. Connect With Your Support Network
Divorce can get messy and complicated. Reach out to family members and trusted friends for support and a helping hand. Also, consider seeking counseling, especially if you are dealing with any trauma, such as domestic violence or substance abuse. Consulting with a financial planner can also help with financial decisions during and after the divorce.
9. Hire A New York Divorce Attorney
Whether your divorce is contentious or amicable, having experienced counsel is the best way to protect your rights. Marriage is a personal and business relationship, and sorting out the details of ending it requires trustworthy advice and guidance.
That’s where Aiello & DiFalco can assist you. Our team is well-prepared to guide you through the process. We often achieve success through divorce mediation. When litigation becomes necessary, our trial-ready lawyers provide aggressive courtroom representation.
Be Prepared for Your Divorce
Divorce is never easy, but being prepared and working with the right legal partner can make all the difference. With Aiello & DiFalco, you gain a team dedicated to guiding you through this transition with confidence. Contact us today to learn how we can help.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.