Q.01
How long does a contested divorce take?
Months to years, depending on what is actually contested. Early strategy compresses timelines: the cases that drag are the ones where the first moves were wrong.
Q.02
Who keeps the home?
It depends on title, contributions, children, and negotiation leverage. The home is usually the biggest asset on the table - do not concede it by default.
Q.03
Do prenups actually hold up?
Properly drafted, disclosed, and executed - yes. Rushed, coerced, or hiding assets - no. Which is why both drafting and challenging them is real legal work.
Q.04
What are the grounds for divorce in New York?
New York allows no-fault divorce based on irretrievable breakdown of the marriage for at least 6 months. Fault-based grounds include cruel and inhuman treatment, abandonment for one or more years, imprisonment for 3+ years, and adultery. Most divorces in NYC are filed as no-fault, which simplifies the process significantly.
Q.05
How are assets divided in a divorce in NY?
New York follows equitable distribution, meaning marital assets are divided fairly - but not necessarily 50/50. The court considers factors including length of marriage, each spouse's income and property, contributions to marital property, and future financial circumstances. Our attorneys have protected over $500M in assets for our clients.
Q.06
Want to settle out of court? We can help with that
Yes, we strongly encourage mediation and negotiated settlements when possible. Out-of-court settlements are typically faster, less expensive, and less emotionally taxing. Our attorneys are skilled negotiators who can help you reach a fair agreement while preserving your interests and protecting your children's well-being.
Q.07
Is New York a 50/50 divorce state?
No. New York is an equitable distribution state, not a community property (50/50) state. This means assets are divided based on what the court considers fair, considering multiple factors. In practice, the split could be 60/40, 70/30, or any ratio the court deems equitable based on your specific circumstances.
Q.08
Can I change my name at the time of divorce in NY?
Yes. You can request a name change as part of your divorce proceedings. The judge can include a provision in the divorce decree allowing you to resume your maiden name or any prior surname. This is routine and does not require a separate legal proceeding when done during the divorce.
Q.09
Alimony can be a sticking point in divorces - we can help
Spousal maintenance (alimony) in New York is calculated using specific statutory guidelines. Factors include income disparity, duration of the marriage, age, health, and earning capacity of each spouse. Our attorneys negotiate aggressively to ensure you receive - or pay - a fair amount based on your circumstances.
Q.10
We can help with 401(k)s in divorces as well
Retirement accounts including 401(k)s, IRAs, and pensions accumulated during the marriage are considered marital property subject to equitable distribution. A Qualified Domestic Relations Order (QDRO) is typically needed to divide these accounts without tax penalties. Our attorneys work with financial experts to ensure proper valuation and division.
Q.11
We can help you resolve child custody issues after the divorce happens
Yes, custody arrangements can be modified after divorce if there has been a significant change in circumstances. Common reasons include relocation, changes in a parent's work schedule, the child's evolving needs, or concerns about safety. Our attorneys handle both initial custody determinations and post-divorce modifications.
Q.12
Can I get an annulment in New York?
Annulments in New York are available under specific circumstances: fraud, duress, mental incapacity, underage marriage (under 18), incurable mental illness for 5+ years, or physical incapacity. An annulment declares the marriage void as if it never existed, which differs legally from a divorce.
Q.13
When can I file for divorce in New York?
To file in New York, at least one spouse must meet residency requirements: you were married in NY and one spouse has lived there for at least one year; you lived in NY as a married couple and one spouse resided there for one year; or the grounds for divorce occurred in NY and one spouse has lived there for at least one year. We can help determine your eligibility.