New York Divorce Lawyers
Strategic representation for your family and financial future.
How Does a New York Divorce Lawyer Guide You and Protect Your Interests?
A New York divorce lawyer helps protect your financial interests and parental rights by explaining your options, negotiating settlement terms, and representing you in court. Abrams Fensterman, LLP guides clients through negotiated and contested divorces, including matters involving business interests, real estate, retirement benefits, executive compensation, cryptocurrency, and other complex assets.
Divorce Counsel Focused on Your Priorities
Our attorneys review financial disclosure, address valuation and marital or separate-property claims, and evaluate custody, parenting time, child support, and spousal maintenance. We also identify deadlines and immediate financial or parenting needs, and assess how proposed agreements may affect cash flow, liquidity, asset transfers, and ongoing obligations. Through careful preparation, strategic negotiation, and courtroom advocacy, we help you understand the practical consequences of each decision and plan for life after divorce.
Who Can File for Divorce in New York?
You must satisfy New York’s residency requirements and establish a legally recognized ground for divorce.
Residency may be established when:
- Either spouse has lived continuously in New York for at least two years immediately before filing.
- Either spouse has lived continuously in New York for at least one year immediately before filing, with an additional qualifying connection, such as marriage in New York, living here together as spouses, or grounds arising here.
- Both spouses reside in New York when the case begins and the grounds arose in the state.
Abrams Fensterman can evaluate which requirement applies, particularly when spouses live in different states or have recently relocated.
Grounds for Divorce
New York permits no-fault divorce when the marital relationship has broken down irretrievably for at least six months and one spouse states that fact under oath. Before the court grants the divorce on this ground, the required financial and parenting issues must be resolved by agreement or court determination.
Other grounds include adultery, abandonment, cruel and inhuman treatment, and qualifying imprisonment. Additional grounds involve qualifying separation agreements or judgments. Each has specific legal requirements.
No-fault describes the legal ground for ending the marriage. Whether a divorce is contested depends on the issues the spouses dispute.
What Is the Divorce Process in New York?
The process generally includes the following stages, although the steps vary with the case:
- Initial evaluation and strategy. Identify your priorities, review relevant records, and consider financial or parenting issues that need early attention.
- Filing and service. Begin the divorce action in Supreme Court and arrange legally required service of the papers.
- Financial disclosure and discovery. Exchange information about income, expenses, assets, and debts. Disputed financial issues may require additional records or valuations.
- Negotiation and court proceedings. Work toward an agreement while addressing court conferences and requests for temporary relief when necessary.
- Settlement or trial. Resolve outstanding issues through a written agreement or present unresolved disputes to the court.
- Judgment of divorce. Submit the required documents for the court’s review and entry of the judgment.
Contested and Uncontested Divorce
An uncontested divorce generally means both spouses agree to end the marriage and have resolved all required financial and parenting issues. Legal work remains necessary to document those terms and complete the court process.
A contested divorce involves unresolved issues, such as property division, maintenance, custody, or support. A case may be contested even when both spouses want the marriage to end.
Property Division and Financial Support
Equitable Distribution
New York divides marital property under equitable distribution, which calls for a fair allocation based on statutory factors. An equal division is not required in every case. Determining what is marital property, what may qualify as separate property, and how assets should be valued can materially affect the outcome. Relevant assets may include the marital residence, investment accounts, retirement benefits, business interests, and other real estate.
Complex Assets and Business Interests
Divorce involving significant wealth requires careful analysis of ownership, value, income, and liquidity. A proposed division can affect control of a business, access to cash, and future financial obligations.
Spousal Maintenance
Spousal maintenance, sometimes called alimony, can provide support while a divorce is pending or for a period after divorce. New York law provides guidelines and factors for evaluating an award.
Child Custody and Support
When children are involved, divorce must address how parenting responsibilities and financial support will be handled. New York courts determine custody and parenting time according to the child’s best interests. A parenting arrangement may address major decisions, residential schedules, holidays, and other practical needs. Child support is governed by statutory guidelines, with additional considerations that may include health care, child care, and educational expenses.
