New York Divorce Attorney

Going through divorce can be taxing, both emotionally and financially. We recognize that your current situation is likely very stressful for you and your family. However, divorce is often the first step toward a positive, healthy change. Where many see obstacles, we see opportunities. At WertheimerLipton, we want to do everything we can to help you realize those opportunities for yourself.

If you are going through a divorce or considering a divorce, then you have come to the right place. The New York family law attorneys at WertheimerLipton have been helping individuals through divorce for over three decades. We are here to take your call, listen to your situation and provide a path toward the future you envision.

What are the requirements for a divorce in New York?

In New York, there are two requirements you must meet before seeking a divorce. First, you must meet the state’s residency requirement. Second, you must have grounds for divorce.

To meet the New York residency requirement, you must be able to prove one of the following:

• Either you or your spouse have been living in New York for at least two years.
• Either you or your spouse have been living in New York for at least a year and you were married in New York, lived in New York as a married couple, or the reason for your divorce happened in New York.
• Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for divorce happened in New York State.
  

What are grounds for divorce in New York?

In New York, there are seven legally accepted reasons for a divorce, including “no-fault” divorce, or an irretrievable breakdown of the marriage.

Prior to 2010, New York only granted divorces on “fault based” grounds, such as adultery and abandonment. The law was changed in 2010 so that couples who no longer wanted to be married could successfully file for divorce without having to prove one of six fault-based grounds.

Below are the seven grounds for divorce in New York:

• Irretrievable breakdown in relationship for a period of at least 6 months
• Cruel and inhuman treatment
• Abandonment
• Imprisonment
• Adultery
• Divorce after a legal separation agreement
• Divorce after a judgment of separation
  

What is an uncontested divorce?

Not to be confused with “no-fault” divorce, an uncontested divorce is one in which you and your spouse agree to divorce and have settled all of the issues related to the divorce, such as the division of property and child custody. In addition, you and your spouse would need to agree on the reason for your divorce, such as irretrievable breakdown. In New York, a divorce may also be considered uncontested when one spouse files for divorce and the other spouse does not appear in the divorce proceeding.

Couples may choose to pursue an uncontested divorce to avoid going to trial, incurring legal expenses, and entering into an adversarial relationship.

If you and your spouse are considering an uncontested divorce, it is still important to consult with a divorce attorney. To file for an uncontested divorce, you and your spouse must be in agreement on the grounds for divorce, the division of marital property, child custody and visitation, child support and spousal support. Having an attorney facilitate the process, file paperwork and ensure that no stone is left unturned.

How is property divided in a New York divorce?

Under equitable distribution law, marital property is divided at the court’s discretion in a manner that is deemed fair. It does not mean that marital property will be distributed equally. The judge will look to factors such as each spouse’s earning potential, their age, and their health when determining how marital property will be divided.

Marital property is property acquired by either spouse during the marriage, regardless of whether the property is held jointly or in an individual spouse’s name. On the other hand, separate property consists of property acquired by one spouse before or after the marriage, or received as a gift or through inheritance. Unlike marital property, separate property is not divided in divorce proceedings.

If the couple's home is considered marital property, and not separate property, then the home may be awarded to either spouse through equitable distribution. A home may be divided in a number of ways, including buying out the one spouse's share of the home.

Do I need to hire a New York divorce attorney?

During a divorce, the emotional and financial toll is a heavy burden to bear alone. You need an experienced family law attorney who can help relieve that burden. Even the most agreeable divorcing couples are unlikely to have considered every detail or legal implication. An experienced New York family lawyer will help you navigate what can be a complex process. We always work to find an amicable resolution for our clients, but we do not hesitate to fight for our clients to ensure their needs are met and interests are preserved.

WertheimerLipton is a client-centered law firm that focuses on delivering exceptional results as well as an exceptional client experience. We are experienced, responsive and accessible - attributes that are critical to our mutual success. Contact us today to discuss your divorce.