Protecting Your Family's Future Through Divorce

The timeline for divorce in New York varies significantly based on whether the divorce is contested or uncontested. An uncontested divorce where both parties agree on all terms may be finalized in as little as three to six months, while contested divorces involving disputes over property, custody, or support can take a year or longer. Our attorneys work efficiently while ensuring your interests are fully protected throughout the process.

New York recognizes both fault and no-fault grounds for divorce. The most common is the no-fault ground of "irretrievable breakdown of the marriage for at least six months." Fault-based grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery. During your consultation, we can discuss which grounds apply to your situation and the strategic implications of each option.

New York follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors including the length of the marriage, each spouse's income and property, contributions to marital property, and each party's future financial circumstances. Separate property owned before marriage or received as inheritance or gift typically remains with the original owner. We work to ensure all marital assets are identified and fairly valued.

New York courts determine custody based on the best interests of the child, considering factors such as each parent's ability to provide for the child's physical and emotional needs, the quality of each parent's relationship with the child, each parent's home environment, and the child's preferences if age-appropriate. Custody includes both legal custody (decision-making authority) and physical custody (where the child resides). We help clients present compelling evidence supporting custody arrangements that serve their children's wellbeing.

Mediation can be an effective, less adversarial approach when both spouses are willing to negotiate in good faith. It typically costs less and resolves more quickly than litigation while giving you more control over the outcome. However, mediation may not be appropriate in cases involving domestic violence, significant power imbalances, or when one spouse refuses to negotiate fairly. We can advise whether mediation is suitable for your circumstances or whether litigation is necessary to protect your rights.