Divorce Checklist 2024: Get Ready for the Process

Divorce is a life-altering experience, often filled with emotional turmoil and legal complexities. The process can be emotionally draining, so preparation is key to managing stress. Between 2019 and 2022, there were 2.3 divorces per 1,000 inhabitants in New York. This figure is a decrease from 1990 when the divorce rate stood at 3.2 divorces for every 1,000 inhabitants in the state.

At Levoritz Law Firm, we understand the challenges of divorce, and our experienced family law attorney is dedicated to providing compassionate guidance. Whether you're facing a contentious or amicable divorce, child custody disputes, or property division issues, our NYC divorce lawyer is here to protect your rights and ensure a fair and equitable outcome.

This comprehensive guide will help you understand the intricacies of divorce in New York City, from the initial stages of filing to finalizing your case. We'll cover essential information, legal procedures, and practical tips to help you confidently navigate this challenging time.

New York Divorce Preparation Checklist in 2024

Divorce is a complex process that requires careful planning and preparation to maximize your chances of a successful outcome. This checklist will help you get organized and ensure you're prepared for the journey ahead.

1. Separate Your Finances

The first step in navigating a divorce is to establish financial independence. While it's tempting to immediately withdraw funds or liquidate assets, it's crucial to remember that New York law has specific rules surrounding financial transactions during a divorce. Spending or hiding money after the breakdown of a marriage may be factored into the equitable distribution of assets.

Consult a Financial Advisor with Divorce Experience

They will help you understand the legal nuances of handling shared accounts, ensuring you make informed decisions that protect your financial well-being. Your advisor will work with you to develop a financial plan that navigates the intricacies of property division and ensures you have access to the resources you need.

Establish Separate Accounts

Opening a separate bank account in your name will allow you to manage your funds independently, ensure that any income you receive, such as paychecks, is deposited directly into your control, and facilitate the transfer of assets if it's legally permitted.

Open Independent Credit Lines

Request a copy of your credit report to monitor any changes and safeguard against unauthorized charges. It's essential to close shared credit cards and remove your spouse as an authorized user from any accounts you can't or shouldn't close.

2. Decide on Your Living Situation

Navigating the living situation during a divorce is another crucial step. In New York, couples are not required to live apart for a specified period before a divorce can be granted unless a legal separation agreement precedes the divorce. However, one partner will move out of the shared residence in most cases.

Choosing a new living arrangement should prioritize the safety and well-being of both parties. If one partner feels threatened or unsafe, seeking legal advice and exploring the possibility of a protective order might be necessary to ensure a secure living environment.

If you and your spouse can maintain a civil relationship and have children together, consider a "bird nesting" arrangement. This involves alternating periods in the shared home, allowing both parents to have consistent access to the children. This arrangement can minimize disruption during what may be a confusing time.

3. Gather Essential Documents and Information

Gathering essential documents ensures transparency and accuracy during the divorce process, protecting your rights and helping you secure a fair settlement regarding assets, debts, and potentially child support. Documents like birth certificates can also help you establish parentage and make decisions about child custody and visitation.

Begin by gathering your personal documents, including:

• Birth Certificates
• Social Security Cards
• Insurance Policies
• Passports
• Medical Records
• Medical Debt Statements

The discovery process will involve detailed financial disclosure:

• Bank Statements: Checking, savings, and credit cards for the past 2-3 years will provide a clear picture of your income, expenses, and overall financial activity.
• Pay Stubs and Tax Returns: These documents reveal your income, deductions, and any other tax-related information that can be relevant to alimony or child support.
• Retirement Account Statements: 401k, IRA, and pensions will show the value of your retirement savings, which is subject to division in a divorce.
• Loan Documents: Mortgages, student loans, and car loans will show your outstanding debt obligations, which can be considered when dividing assets or debts.
• Investment Statements: Stocks, bonds, and mutual fund records will help determine the value of your investments.
• Property Documents: Ensuring you have deeds and titles for real estate, vehicle registration and titles, and insurance policies is essential for property division.

Finally, if you are experiencing domestic violence, gathering relevant documents will be crucial in protecting yourself and your children:

• Court Documents: Restraining orders or orders of protection
• Police Reports: Detailing any incidents of domestic violence
• Documentation of Any Injuries: Medical records or photos

Experienced NYC family law attorneys at Levoritz Law Firm can guide you through the divorce process with compassion, protecting your rights and advocating for your best interests. Schedule a consultation or call us at (718) 942-4004 to learn how to prepare for divorce.

4. Choose Your Divorce Method

New York offers various options for navigating the divorce process. Choosing the best method depends on the unique circumstances of your situation and the relationship you have with your spouse.

Uncontested Divorce

This is the simplest and most cost-effective option. It's suitable for couples who are on good terms and have already agreed on all the terms of their divorce, including property division, child custody, and support. In this scenario, you can file the necessary paperwork with the court yourselves, with a judge ultimately reviewing and granting the divorce.

Mediated Divorce

Mediation is an excellent option for couples who can communicate civilly and have minor disagreements. A mediator serves as a neutral third party who facilitates discussions and helps the couple reach a mutually agreeable settlement. The mediator does not take sides and cannot make decisions for the couple, but rather provides guidance and helps find solutions that work for both parties.

Litigated Divorce

If you and your spouse can't reach an agreement, you can hire lawyers to advocate for your interests in court. The lawyers will communicate with each other and a judge during court appearances and hearings to resolve the outstanding issues. The judge makes the final decisions. This option is typically used as a last resort when negotiations fail.

5. Consider Your Children's Needs

Children are often the most vulnerable during a divorce. It's crucial to prioritize their well-being and minimize the impact of the separation on their lives. Avoid involving children in adult conflicts, and ensure they feel loved and supported by both parents. Openly communicate the divorce in age-appropriate terms, emphasizing that it's not their fault and that both parents still love them.

Therapy for Children

Consider seeking professional support for your children. Counseling can help them navigate the emotional challenges of the separation and maintain healthy relationships with both parents.

Custody Arrangements

When discussing custody arrangements, focus on the children's best interests. Explore various options, including shared custody, sole custody, or other arrangements that prioritize the children's needs and stability.

Child Support

Discuss financial responsibilities for supporting your children. Ensure you have a child support agreement that outlines the financial contributions each parent will make to meet their children's needs. This agreement will ensure that your children have the financial resources they need to thrive.

6. Protect Your Privacy Online

During a divorce, your digital footprint can be a sensitive area that requires careful consideration.

Password Security

Change all your passwords, especially for shared devices and accounts that contain financial information. Use strong passwords that are difficult to guess, and enable two-factor authentication for added security.

Social Media Privacy

Review your social media settings, and consider making your accounts private during the divorce process. Avoid posting anything that could compromise your privacy or the privacy of your children. Refrain from sharing information about the divorce on social media, as it can create unwanted tension or scrutiny.

Email and Messaging

Use separate email accounts for personal and professional correspondence. Avoid sending sensitive information or communicating with your spouse through shared email accounts.

7. Prioritize Your Wellbeing

Divorce can be emotionally draining and mentally taxing. It's crucial to prioritize your well-being throughout the process. Allow yourself time to process your emotions, and seek support from friends, family, or a therapist.

If needed, don't hesitate to take time off work to focus on your mental and emotional health. It's impossible to function effectively at work or be present for your children if you are not taking care of yourself.

Use this time as an opportunity for personal growth. Focus on your goals and aspirations. Engage in activities that bring you joy and peace.

Divorce is a challenging process, but with preparation, knowledge, and support, you can navigate it successfully. Remember to seek legal advice from qualified attorneys and financial professionals to ensure you make informed decisions throughout the process.

Hire an Experienced New York Divorce Attorney

Navigating a divorce in New York can feel overwhelming, but remember, you don't have to go through this alone. At Levoritz Law Group, our team of family law attorneys is dedicated to guiding you through the complex legal and emotional landscape of divorce.

Whether you're exploring your options, seeking a collaborative approach through mediation, or needing strong legal representation in a contested divorce, we are here to help. Contact us today for a consultation. We'll discuss your needs, answer your questions, and help you navigate this difficult time with confidence and clarity.