Understand which court handles the case

New York Supreme Court handles divorce cases; Family Court cannot grant a divorce. Family Court can address matters such as custody, parenting time, and support in appropriate proceedings. If you already have a Family Court case or order, tell your divorce lawyer. Related proceedings need coordination, and the correct county and procedure should be checked before you prepare or file papers.

Check residency and legal grounds

New York has residency requirements and legally recognized grounds for divorce. The no-fault ground concerns an irretrievable breakdown of the relationship, but it does not eliminate the need to resolve other issues. Explain where you and your spouse have lived and when the marriage and separation occurred. Ask which requirements apply to your circumstances rather than assuming that an Albany mailing address alone settles eligibility.

List the issues that still need agreement

An uncontested divorce requires more than both spouses wanting the marriage to end. Parenting arrangements, support, property, debts, and other relevant terms must be addressed. Write separate lists of settled points and open questions. A disagreement can sometimes be narrowed through negotiation, but a standard packet cannot make a disputed issue disappear. Have proposed settlement language reviewed before signing away rights or accepting long-term obligations.

Prepare for financial disclosure and restrictions

Gather income records, account statements, tax returns, insurance information, and a practical household budget. Identify records you do not have rather than guessing their contents. New York divorce cases involve automatic orders that can restrict certain financial and insurance changes. Ask when those orders bind each spouse and what they require before moving assets, changing coverage, or making an unusual withdrawal.

Follow the process through the judgment

Starting a case involves filing and service requirements, and later steps depend on whether the matter is contested. Read every notice and ask who is responsible for the next filing or appearance. Living separately or signing an agreement does not itself mean the divorce is complete. Keep the final judgment and related orders, and confirm what follow-up is needed for property transfers, accounts, or other agreed terms.

A little preparation helps

What to bring together

  • Marriage and residence details, with a short chronology.
  • Existing Family Court orders and any prior separation agreement.
  • A list of agreed terms and unresolved parenting or financial issues.
  • Financial records and questions about filing, service, and automatic orders.

References: New York State Unified Court System, Divorce Basics, Residency and Grounds, and Uncontested Divorce Information and Forms; New York Domestic Relations Law §236. Filing and service requirements should be reviewed for your case.