Newly Divorced In The New Year – Here Is What To Expect

Last updated on September 18, 2023

divorce attorney in New York

Overcoming the challenges after a divorce is not easy, and things can get even more unbearable if you are newly divorced in the new year. However, the New Year is also a great time to set new goals and focus on improving your life. Managing your expectations allows you to handle the challenges effectively and move on with life faster. Before you make any decisions, it is important to speak with a skilled New York City family law attorney. Here is what to expect after your divorce in the new year.

You Might Feel Like You Are at a Disadvantage

Whether you are the one who initiated the divorce or the one who has been left, you might feel disadvantaged. If you are driving the divorce, you may feel like your ex is trying to undermine your efforts to move on after the divorce. If you have been left, it may be difficult to handle the shock, grief, and feelings of guilt after the divorce.

Turn your feeling of disadvantage to your advantage. Take this time to focus on yourself, let yourself grieve the loss of your marriage, and begin making plans for your new life. Visualize and focus on your future, and express gratitude for the new opportunities that await. By shifting your mindset, you can find a path forward in the new year.

Financial Disputes May Arise

Although divorce may be emotionally challenging, several financial disputes may arise. The court will divide the assets, liabilities, and income between you and your partner if you are unable to agree in mediation. Also, issues like child support and distribution of liabilities may arise after finalizing the divorce process.

If you and your ex-spouse cannot come to a solution regarding the division of your assets and ongoing financial obligations, you may need to resolve the issue in court. The process could take a long time – up to several years. 

But even as you begin the divorce process, you may find that your standard of living has changed overnight. Without sharing the costs of a home, bills, groceries, and more, separation can wreak havoc on your personal finances. Finding a way to manage this new financial situation will help you even after the divorce is finalized and settle into a comfortable life at home.

Expect Change

After the divorce, your standard of living and social network may be affected. If you had a connection with your ex-spouse, it might be hard to imagine that they may no longer be there for you. Since these changes are inevitable, you may want to think of how you can cope with the separation. For example, you could:

  • Acknowledge that it is normal to feel anxious, confused, and angry
  • Give yourself time to heal
  • Take care of your emotional and physical well-being
  • Maintain a stable routine
  • Explore your interests

With the above tips, you can embrace the change and focus on making the best of a bad situation.

Equitable Division of Property in a New York Divorce

New York is an equitable distribution state. This means that the court will share marital property equally between the spouses. Depending on a few different factors, the court determines what is fair for both parties and divides their assets accordingly. Fair division does not necessarily mean that the couple will divide the marital assets 50/50.

If you and your spouse are unable to agree on how you want your property divided, it is possible for your case to be brought before the court. There will be opportunities for you to agree with your spouse on how to divide the property throughout the divorce process. Most courts will accept written agreements on how to divide the property. However, if you and your spouse are unable to reach a settlement, the court may step in to divide your property for you.

Speaking to an experienced divorce lawyer when dealing with property division is important. A skilled lawyer may be able to help you and your spouse reach an agreement that can work best for you. They can also use aggressive strategies to fight for your rights and get you a favorable outcome.

New York Grounds for Divorce

New York has multiple grounds for a divorce case. New York was the first state to adopt a No-Fault Divorce Ground in October 2010. It is possible that future divorce proceedings will include this ground. However, all other grounds remain available. There are different grounds that can be used to divorce in New York. They include:

  • Cruelty & inhuman treatment
  • Abandonment 
  • Confinement 
  • Adultery 
  • Living under a separation agreement
  • The relationship between the husband and the wife is irretrievable

The No-Fault Ground for Divorce in New York State is Paragraph 7. This means that a divorce can only be granted if the courts or parties have resolved all issues. It is distinct from other New York State grounds of divorce. This requires the spouse to prove that they are divorcing. The final decision will then be made regarding all other issues, such as custody and economics.

Residency Requirements

In New York, there are requirements for residency before a couple is able to get a divorce. One is that the couple must be legally married in New York, and at least one of the spouses has been living in New York for at least one calendar year. Another requirement could be that the couple lived as a married couple in New York and one of the spouses has resided in New York for at least one calendar year.

In addition to the aforementioned, the grounds for divorce must be established in New York. After the New York case has been filed, there is no waiting period for a judge to enter a final order (decree of divorce) for the case.

Contact a New York Divorce Lawyer Today

A divorce can have a significant impact on your life. If you have questions about how divorce works or what comes after a separation, we can help you at New York Family Law Group. Our New York divorce lawyers will offer the support you need to navigate the divorce process and protect your interests.

You can also count on us if you need to modify parts of your child custody, alimony, visitation, or parenting time agreements. Contact us online or call us at (718)-293-1542 to discover how we can help you through your family law matter.



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