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Free Guide to Hiring a Family Lawyer
Divorce and separation in New York City operate under New York State law, with courts in the city handling both traditional divorce petitions and separation judgments. New York allows no fault divorce, meaning you do not need to prove fault to end a marriage. The process also includes potential orders for child custody, support, and property division.
In New York, a separation judgment can be pursued as a step before divorce or as a long term arrangement, depending on your goals and circumstances. Residency requirements and filing deadlines influence where and how you begin your case. Understanding these fundamentals helps you plan a strategy with your attorney or legal counsel.
For many residents, decisions about property, parenting, and finances are as important as the divorce itself. Working with an attorney or other legal professional increases your ability to secure fair outcomes. This guide outlines typical NYC considerations and practical steps to take.
No fault divorce under Domestic Relations Law (DRL) § 170(7). New York allows no fault divorce based on an irretrievable breakdown of the marriage for at least six months, enabling a faster path to dissolution when both parties agree. This practice has been in effect since 2010 and remains a central feature of NYC divorces. DRL § 170(7) is the statutory basis for no fault divorce.
“No fault divorce is available to couples in New York since 2010, simplifying the path to dissolution.” New York State Unified Court System
Equitable distribution of marital property under DRL § 236(B). New York requires an equitable, not automatic, division of marital assets and debts. Factors include each spouse's contributions, the duration of the marriage, and the value of assets. This framework guides how property is allocated in NYC divorces.
“Equitable distribution is determined by the court based on multiple factors such as duration of the marriage and contributions by each party.” New York State Unified Court System
Child support and custody governed by the Family Court Act and CSSA guidelines. Child custody decisions focus on the child’s best interests, while child support uses guidelines established by statute. These rules shape orders for parenting time, decision making, and financial support for children.
For ongoing safety and protection concerns, the state maintains resources through the Office for the Prevention of Domestic Violence to assist victims and coordinate protective measures with the courts. OPDV provides safety information, referrals, and legal guidance relevant to divorce and separation in NYC.
No fault divorce lets spouses end a marriage without proving wrongdoing by the other party. The spouse must cite irretrievable breakdown for at least six months. This approach is now the most common path to divorce in NYC.
Typically you file a Summons and Complaint in the Supreme Court of New York in the county where you or your spouse reside. A lawyer can help you prepare the initial papers and identify the appropriate venue and service requirements.
Durations vary with complexity. A straightforward no fault case may take several months, while cases with contested assets or custody disputes can extend to a year or more. Mediation can reduce timelines where parties cooperate.
Residency requirements exist. Typically at least one spouse must be a resident of New York for a set period before filing. Complex fact patterns can change the timeline and jurisdiction options.
A separation agreement is a contract between spouses that outlines rights and duties while living apart. It may precede or replace divorce filings, and can cover property, support, and parenting terms. Divorce ends the marriage; a separation agreement does not by itself legally end the marriage.
Costs vary by firm and case complexity. Typical NYC hourly rates range from several hundred to over a thousand dollars per hour. A retainer may be required, and total costs increase with duration and disputes.
Yes, you may file pro se, but complex financial and custody issues are difficult to navigate without counsel. An attorney helps protect your rights, ensure proper filings, and manage negotiations or court appearances.
Custody refers to decision making about a child, while parenting time concerns the actual schedule for when a child is with each parent. Courts distinguish legal custody from physical custody and often prefer a shared plan when feasible.
Child support follows the Child Support Standards Act guidelines, based on parental income and the needs of the child. The formula uses statutory percentages and caps and may adjust for additional expenses or shared custody scenarios.
A prenuptial agreement can clarify asset ownership and debt responsibilities in advance. It is enforceable in NYC if both parties agree freely, disclose assets honestly, and follow formal requirements.
Relocation requests depend on whether the move serves the child’s best interests and how it impacts parenting plans. Courts assess factors such as the child’s relationship with both parents and the feasibility of a revised schedule.
To modify a judgment, you typically file a petition with the court that issued the original order. Reasons include changes in income, relocation, or the needs of the child. A lawyer can help argue for appropriate adjustments.
