Divorce

New York is a no-fault divorce state, which means either spouse can obtain a divorce by stating that the marriage has been "irretrievably broken" for at least six months — without having to prove fault. You do not need your spouse's consent to get divorced in New York. You do need to resolve the issues of equitable distribution, spousal support (if applicable), and child custody and support before or simultaneously with the divorce being finalized.

Uncontested divorce means both spouses agree on all the terms — property division, custody, support, and any other issues. An uncontested divorce can often be finalized in a matter of months and is far less expensive and stressful than contested litigation.

Contested divorce means the spouses cannot agree on one or more significant issues. These cases require negotiation, mediation, and sometimes litigation before the court. The court ultimately decides unresolved issues if the parties cannot reach agreement.

New York divides marital property under the principle of equitable distribution — which means fair, but not necessarily equal. The court considers many factors including the length of the marriage, each spouse's income and earning capacity, the contributions of each spouse (including as a homemaker or caregiver), and the economic circumstances of each spouse. What counts as marital property (accumulated during the marriage) versus separate property (owned before marriage or received as inheritance) is often a contested issue.

If you have children, custody and support are determined as part of the divorce proceeding or in a separate Family Court proceeding. New York courts apply the "best interests of the child" standard in all custody determinations. I handle both the criminal/family court intersection and the divorce court side — which gives clients facing multiple legal challenges a significant practical advantage.