What Divorce Looks Like in New York
New York recognizes no-fault divorce, meaning a marriage can be dissolved once it has been “irretrievably broken” for at least six months, without needing to prove wrongdoing by either spouse. Fault-based grounds still exist but are used far less often than in decades past.
Every divorce still needs to resolve the same core issues: dividing marital property and debt, determining spousal maintenance if applicable, and, when children are involved, addressing custody and child support. How contested those issues are determines how long the process takes and what it costs.
Uncontested vs. Contested Divorce
An uncontested divorce, where both spouses agree on the terms in advance, generally moves faster and costs less. A contested divorce, where one or more issues remain in dispute, requires negotiation and possibly litigation before a judge.
- Division of marital property, including the house, retirement accounts, and shared debt
- Spousal maintenance (alimony), if one spouse requests it
- Child custody, visitation, and child support, if applicable
- Health insurance and tax filing status going forward
How This Office Approaches Divorce Cases
Most cases start with an honest look at what’s actually in dispute versus what can be agreed on quickly. Settling the easy issues first often narrows the real disagreement down to one or two points, which makes negotiation more efficient and litigation, if it’s needed, more focused.
Clients get a direct explanation of what to expect at each stage, including realistic timelines and what the process will likely cost, so there are no surprises partway through.