Our divorce lawyers can help you with every aspect of your divorce, including:


Child custody

Child support

Visitation

Alimony or spousal support and property division

Divorce


Divorce law has recently changed in New York. You no longer must establish grounds for divorce. New York is now a "no-fault" state. This means that a couple instead declares an "irretrievable breakdown of the marriage" and can be divorced within six months thereafter. However, matters such as property issues, child custody and alimony still need to be addressed. While a divorce is often traumatic, an experienced and sympathetic divorce attorney can guide you through the process with the least amount of emotional and financial pain.

Our divorce lawyers can help you with every aspect of your divorce, including: Child custody Child support Visitation Alimony or spousal support and property division We can help you negotiate and draft your separation agreement and then aggressively pursue your interests until the final divorce decree has been issued by the courts. Our mission is to achieve your goals and make sure you are protected and provided for in the future. We are here to help your family move forward.

Throughout the dissolution of marriage, we will protect your best interests and provide you with honest advice so that you can make the best possible decisions about your future. We are experienced handling matters in family court, including complex trials related to all types of divorce matters, including separation agreements, property division and alimony schedules. If you have accumulated a lot of debt during your marriage, we can help you with any bankruptcy actions as well. We can help you try and keep your marital home from being foreclosed on, as well as retain other types of property such as cars.

Clients who file for divorce can expect a thorough and clear explanation of New York no-fault divorce. For brief answers to some of the most common questions, please see our Divorce Frequently Asked Questions page.

New York City No-Fault Divorce Law

New York divorce law previously required a couple show a legal ground for divorce, such as adultery or abandonment. However, legislatures have adopted a policy that the rest of the country currently uses: "no-fault divorce." This means that a couple only has to declare an "irretrievable breakdown of the marriage." In other words, if you are seeking a divorce, you do not have to prove a specific reason accepted by the court. Furthermore, if one spouse has more money than the other, there is a presumption the more monied spouse must pay for both spouses' legal fees. The divorce can be completed within six months thereafter, if the marriage has been "broken down" for that long. Divorce in New York used to take much longer.

This does not mean that you can't cite any of the previous legal grounds for divorce in conjunction with an irretrievable breakdown of the marriage. Those reasons are still considered by the courts. However, just because fault is not required does not mean other essential divorce issues can be left unresolved. Even under the new law, a divorce cannot be finalized unless issues like the division of marital property, spousal support, child custody, child support and parenting time are resolved. This means litigation is still possible and you need a competent New York divorce attorney to represent you.

New York Spousal Support Law

Spousal support or alimony is based upon a number of factors in a marriage. It is not a right for either spouse, but is more commonly intended as temporary support during the pendency of a divorce. Permanent spousal maintenance is rare and is usually reserved for those marriages that had a much longer duration. Due to the varied outcomes of alimony, a spouse considering divorce should seek the legal advice of a competent New York City divorce attorney.

Every couple is different and every circumstance is different. That is why the court has a lot of discretion in determining alimony. The court will look at several factors in deciding whether spousal support is required and the frequency and amount. These factors include:

Age and health of both spouses Duration of the marriage Current income levels of both spouses Future earning potentials Special needs of a spouse Any contributions made by either spouse New spousal support law in New York requires that attorneys' fees be paid by the party with the greater income. Therefore, if you are a spouse who has been struggling to make ends meet due to the pendency of a divorce, there is a presumption that the other more monied spouse will have to pay for your attorney fees. The purpose of this law was to create a fairer system due to the fact that prior to this new law, a less-monied spouse would potentially have to represent themselves because they could not afford counsel.

The new law essentially fixes attorneys fees and temporary spousal support. An online New York calculator of spousal support can serve as a general estimate. However, speak to a competent attorney for proper representation.

New York City Child Support Guidelines

Child support in New York is determined by statutory guidelines. These guidelines are mainly based on income levels of both parents, number of children, as well as the needs of the child such as food, health care, education and day care. Child support payments are required until the child reaches the age of 18. In some cases, this may be longer, as some children require special needs or medical care. Generally, the noncustodial parent is the one who pays child support. However, every situation is different and our attorneys can discuss with you the circumstances of your individual case.

Protect Your Child's Rights: Child Support Payments

Your child has a right to child support payments that are on time and in full. If the paying spouse is in arrears on child support payments or refuses to pay at all, you do not have to put up with this. An attorney can seek wage garnishment in order to fulfill child support payments. In some cases, fees and even jail time are an option.
Circumstances can change, such as a loss of employment or the paying spouse becomes gainfully employed. These substantial changes can merit a modification in a child support judgment or agreement. We can also help you obtain this.
Contact us today for a free initial consultation!