How to Prepare for Divorce in New York
Preparing for divorce in New York can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in New York
Fault Type
Both fault and no-fault
Waiting Period
None for no-fault
Property Division
Equitable distribution
Residency Requirement
1-2 years depending on circumstances
- New York allows both fault and no-fault divorce.
- Residency requirements are complex and depend on where you were married and lived.
- High-asset divorces often involve significant discovery.
How to Prepare for Divorce in New York
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (1-2 years depending on circumstances)
- Decide whether an attorney or mediator best fits your situation
- Research New York's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
New York places high emphasis on asset tracing. Spousal maintenance follows statutory guidelines based on income.
👨👩👧👦 If You Have Children
- Learn New York custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Custody decisions prioritize stability and the child's existing routine. Courts consider each parent's involvement in the child's life.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
New York Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during New York's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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