Splitting up with your spouse? Filing for divorce in New York can be a complex and difficult process. To navigate the journey successfully, it’s important to understand the specific requirements along the way and take proactive steps to protect your interests. By following seven specific steps, you can approach the divorce process with confidence and clarity.

One: Understand the Divorce Process in New York

Understanding the divorce process in New York 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. It is key to familiarize yourself with the courts, requirements, timelines, and procedures involved.
Divorce cases in New York are typically handled by the New York State Supreme Court, so familiarize yourself with the New York State Supreme Court’s jurisdiction and the specific county where your action is filed.

Two: Serve Your Spouse

In New York state, you must serve your spouse with the divorce papers. You may NOT serve the documents yourself. This involves delivering the necessary documents through an authorized method, such as personal service by a professional process server. Not only may you not serve the documents yourself, but the person serving must be over 18, and to obtain an affidavit of service, you must complete the appropriate form after serving legal documents and then file it with the court to prove that service was completed.

Three: Pay the Filing Fee

Be prepared to pay the filing fee when submitting your divorce papers to the County Clerk’s Office. The fees are the same in every county in New York state. You will need to purchase an index number and a Request for Judicial Intervention (RJI). Currently the fees are $210 to purchase the index number and $95 for the RJI.

Four: Gather Important Documents and Financial Information

Before a Judge will sign the Judgment of Divorce, all financial and parenting issues must either be resolved by agreement or determined by the Court. 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.

If you have money or parenting issues to work out with your spouse, Alternative Dispute Resolution (ADR) including mediation and collaborative law, can be an effective way to resolve disputes without prolonged litigation. ADR refers to a variety of processes where both sides work together with a professional to find a solution.
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.

Five: Understand the Impact of Divorce on Taxes

Divorce can have significant implications for your tax obligations. For example, after divorce, your filing status could change. Discuss with a 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, and understand automatic orders which may impact financial restraints or the ability to transfer assets or move money. Determine which parent will claim any children as dependents for tax purposes and how child support and child custody arrangements can affect tax obligations.

Six: Inform and Prepare the 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, health care, 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.

Seven: Consult with a Qualified Divorce Attorney

Filing for divorce in New York requires careful planning and consideration, and a divorce attorney will provide you with 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.

Tully Rinckey attorneys understand that the issues involved in divorce can be challenging, and they will handle your matter with the attention and tact it deserves. Every divorce is unique. If you have additional questions about your divorce, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Nancy Nissen, Esq., is a Partner at Tully Rinckey, PLLC’s office in White Plains, New York, where she primarily focuses her practice on family and matrimonial law, with an additional concentration on labor and employment law. Nancy is a trained mediator approved by the NYS Unified Courts System Office of ADR, mediating disputes in family and matrimonial law. Nancy also has experience in Education Law, assisting prior family law clients in the areas of IEPs, 504 plans, and dealing with grievances for college students.