Divorce Lawyer in New York

New York allows several grounds for divorce, but most modern cases proceed under the no-fault ground in Domestic Relations Law (DRL) §170(7). This permits divorce when the marriage has been irretrievably broken for at least six months, without proving wrongdoing.

Traditional fault grounds still exist, including cruel and inhuman treatment, abandonment, imprisonment, and adultery. These are pursued less often because they require proof and can prolong litigation.

Choosing the right ground matters. We help you understand which approach best fits your circumstances and reduces unnecessary conflict where possible.

New York is an equitable distribution state. Under DRL §236, marital property is divided fairly, which does not always mean equally. Courts weigh factors such as the length of the marriage, each spouse's contributions, and future financial needs.

Separate property, like assets owned before marriage or received by gift or inheritance, generally remains with the original owner, though commingling can complicate matters.

Spousal maintenance may also be awarded. New York uses statutory guidelines to calculate amount and duration, considering income, health, and earning capacity of both spouses.

An uncontested divorce occurs when spouses agree on all key issues, including property, support, and any parenting arrangements. These cases are typically faster, less costly, and resolved largely through paperwork.

A contested divorce arises when spouses disagree on one or more issues. It may involve negotiation, mediation, discovery, and sometimes trial before a Supreme Court judge.

We work to resolve matters efficiently through settlement when appropriate, while remaining fully prepared to advocate for you in court if agreement cannot be reached.

Divorce in New York begins with filing a Summons and Complaint and properly serving your spouse. The responding spouse then has an opportunity to answer and raise their own claims.

Timelines vary widely. An uncontested matter may conclude in a few months, while a contested case with significant disputes can take a year or longer depending on complexity and court schedules.

Our role is to keep your case moving, manage deadlines, and prepare you for each stage so there are no surprises along the way.