Family Law With Discretion and Strength

An uncontested divorce is a flat $4,500 plus expenses — court filing fees, service, and the index number. A contested divorce is billed hourly at $450 to $750 and has typically come to $5,000 to $30,000, because the cost is driven by how much of the case the other side actually contests: custody, valuation of a business or a pension, and discovery disputes are what move the number. We quote the flat matters in writing before filing and give a written budget on the hourly ones.

A prenuptial agreement is a flat $3,500 and a postnuptial agreement is a flat $4,500. A separation agreement runs $4,500 to $7,000 flat plus expenses. All three are quoted in writing before drafting begins. New York requires that these agreements be signed and acknowledged with the formality of a deed under DRL § 236(B)(3), which is the step that most self-drafted agreements fail.

Both are hourly at $450 to $750. A custody and visitation matter has typically come to $4,000 to $10,000 and up, and a child support calculation, modification or enforcement proceeding $3,500 to $10,000. A spousal maintenance proceeding has typically come to $5,000 to $15,000. These are court matters, so the range reflects how far the case goes rather than a price list — you get a written budget at the engagement and it is reviewed as the case moves.

An uncontested no-fault divorce with a fully signed separation agreement typically takes three to nine months from filing to judgment. A contested divorce — particularly one involving custody disputes, complex assets, or concealed income — can take one to two years or more. The single largest accelerant is reaching a comprehensive negotiated settlement; the single largest delay is contested custody.

No-fault divorce was enacted in New York in 2010 (DRL § 170(7)) and is now the dominant ground for divorce filings. The petitioning spouse must allege under oath that the marriage has been irretrievably broken for a period of at least six months. The other spouse cannot defeat the ground by denying it. Financial and custody issues must still be resolved before judgment, but the ground itself is no longer contested.

New York is an equitable distribution state, not a community property state. Under DRL § 236(B)(5), the court divides marital property fairly — not necessarily equally — after weighing fourteen statutory factors. Separate property (pre-marital assets, inheritances, and gifts to one spouse alone) is generally not subject to distribution, though commingling can convert separate property into marital property.

Under the Child Support Standards Act (DRL § 240(1-b)), the basic child support obligation is calculated as a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more children. For 2026, the formula presumption applies to the first $193,000 of combined parental income; above that cap, the court may apply the percentage or deviate based on statutory factors. Both caps are adjusted every two years, effective March 1 of each even-numbered year, so confirm the current figure before relying on it.

Legal custody is decision-making authority over major issues — education, medical care, religion. Residential custody is the determination of where the child primarily lives. The two are evaluated separately and frequently allocated differently — a common arrangement is joint legal custody (both parents make major decisions together) with primary residential custody to one parent and structured visitation to the other.

No. The 2010 no-fault ground (DRL § 170(7)) does not require physical separation — only an allegation under oath that the marriage has been irretrievably broken for at least six months. Many spouses continue to live in the same home while a divorce is pending, particularly where economic or childcare considerations make separate residences impractical.

Yes, on a showing of substantial change in circumstances since the prior order. Common triggers include a parent's relocation, a parent's remarriage to an unsuitable partner, a change in the child's needs, or a parent's failure to comply with the existing order. The standard remains the best interests of the child — modification is granted only where the change in circumstances warrants a different custodial arrangement.

A separation agreement is a contract between spouses that resolves equitable distribution, custody, support, and maintenance issues without immediate divorce. Properly drafted, it can later be incorporated (but not merged) into a judgment of divorce, surviving as a contract enforceable on its own terms. It is the foundational document of an uncontested divorce and the typical roadmap of a negotiated divorce.

No, mediation is not required in New York divorce cases. It is encouraged where the parties retain enough trust and communication to negotiate productively. Mediation is generally inappropriate where domestic violence is present, where one spouse has substantially more financial sophistication than the other, or where one spouse is suspected of concealing assets. Our practice is to mediate when productive and litigate when necessary.

Costs vary widely based on whether the divorce is contested or uncontested, the complexity of the financial picture, and the level of conflict over custody. An uncontested no-fault divorce with a clean separation agreement is one of our most economical engagements. Contested divorces are billed hourly with transparent monthly invoicing. We provide a written engagement letter at the outset so there are no surprises.