Top 5 Things to Consider if Filing for Divorce in 2020

By Steve Mandel

December 30, 2019
Steve Mandel
Divorce

If you are considering divorce in New York in 2020, it is important to be prepared by learning more about New York divorce law and relevant issues. For some people, the most important issue in divorce will be the division of marital property, and it will be extremely important to ensure that assets are accurately valued and fairly distributed between the spouses. For other people, matters of child custody will be the most contentious and the most pressing. When you think ahead and plan for your divorce, you can work with an experienced New York divorce attorney to help ensure that the process goes as smoothly as possible.

The following are the top five things you should consider if you are getting divorced in 2020.

Do You Meet the Residency Requirements and Grounds for a Divorce in New York?

The New York Courts explains that the state of New York requires that anyone filing for divorce in the state meet certain residency requirements, in addition to being able to show grounds for divorce.

For people who want to file for divorce in 2020, there are three ways to meet the residency requirements:

One of the spouses must have been living continuously in New York State for at least two years before filing;
One of the spouses has been living in New York State continuously for one year before filing and the parties either got married in New York, lived together as a married couple in New York, or experienced the grounds for divorce in New York; or
Both spouses are residents of New York State when the divorce filing occurred and the grounds for divorce happened in New York.

New York has seven grounds for divorce, including a “no-fault” ground that says the parties experienced an irretrievable breakdown of their relationship for at least six months. Those seven grounds are as follows:

Irretrievable breakdown in relationship for a period of at least 6 months.
Cruel and inhuman treatment
Abandonment
Imprisonment
Adultery
Divorce after a legal separation agreement
Divorce after a judgment of separation

Have You Obtained Records of Your Spouse’s Income?

It will be important to know exactly how much money your spouse currently earns for purposes of property division, spousal support, and child support.

Did You Make an Inventory of Your Property?

Making an inventory of all property can help to prevent your spouse from attempting to hide assets, and it can also help to ensure that all property is valued appropriately. The inventory should include all tangible and intangible property, including furniture, art collections, real estate, stocks, retirement accounts, and other investments. You should include the date of purchase, the purchase price, and any other relevant information.

Have You Considered Your Children’s Needs?

It is important to show the court that you are considering your children’s needs, and what kind of living situation is in the child’s best interests, for purposes of determining child custody. A divorce lawyer can help with this complicated process.

Have You Hired an Experienced Divorce Lawyer?

Another of the most important thing in a divorce case is ensuring that you have an experienced advocate on your side. If you are anticipating a high net worth divorce, you should be sure to hire a New York divorce lawyer who has ample experience assisting clients with high asset divorce and complex property division issues. Your lawyer should also be prepared to assist you with any legal issues pertaining to your divorce, including the valuation and appraisal of marital property, as well as child custody and child support concerns.

When you work with an aggressive divorce attorney who has experience handling cases similar to yours, you will also have access to other professionals in your attorney’s network who can help with your case, such as property valuation experts.