Seven Things To Do Before Filing For A Divorce (In New York)

Deciding to file for a divorce, is one of life’s hardest decision. If you are considering getting divorced you need to be prepared. Here are seven things (and one bonus) to do before filing for a divorce in New York State:

1. Obtain copies of your financial statements. You will need copies of your recent tax returns, bank statements, retirement statements, credit card statements, mortgage statements and investment statements. You should obtain at least one years worth of these documents. Most of the time, PDF (electronic) versions are easily obtained via online and will be sufficient. You should make at least two copies of these financial statements and have them ready for your attorney.

2. Research and hire an attorney. You want to hire an attorney that you feel comfortable with. Of course, you want an experienced divorce attorney. You should not hire an attorney who does not have experience in New York divorces. In addition to experience, you need to feel comfortable with the attorney you hire. Do they fit your personality? While one attorney might be great for your friend or relative, you might not feel that you can work with that attorney.

3. Child custody. Custody issues and custody decisions are the source of many disagreements in a divorce. Most Judges want to see that both parents have a meaningful relationship with their children. With the help of your attorney, you should discuss the different custody arrangements and also the different parenting time arrangements that are available.

4. Child support. This goes hand-in-hand with child custody. If you believe that you are entitled to child support, then this can factor into your budget. Alternatively, if you believe that you will be paying child support, make sure you factor this into your post-divorce financial situation.

5. Living situation. Divorce brings on many changes, one of which is where each spouse will be living after the divorce. If you own a home, that may be sold as part of the divorce. If you need to obtain a new residence, you should research the market and determine how much it will cost you. If you will be remaining in the residence, you will have one less income and one less person to help with the household bills and chores.

6. Prepare a budget. You should prepare a budget, for now, an approximation of your income and bills is good enough. As the divorce continues, you can always update your budget. There are many online budget programs and information to help you in preparing your budget.

7. Keep a log/diary. If you have children, you should start keeping a log/diary of your interactions (and your spouse’s interactions) with the children. A log/diary can be useful evidence to help you obtain custody.

8. Professional mental health and support systems. Your attorney is there to help you through the legal process. You should also consider going to a mental health professional to help you with the emotional strain of a divorce. You should also consider putting together a support system. This could be old friends or new friends, relatives or so-called divorce groups.

Contact David Badanes, Esq. and The Badanes Law Office, P.C. at  (631) 430-4445 or email at david@dbnylaw.com. The Badanes Law Office represents clients in Suffolk County, Nassau County, and New York City. Our offices are located in Northport and in Uniondale.

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