Divorce & Family Lawyer in NYC

Uncontested divorces typically take about 3–6 months; contested cases usually take 12–18 months or longer. New York's average is roughly 9.5 months. There is no mandatory waiting period after filing.

There are seven, but most people use no-fault under DRL § 170(7) — a sworn statement that the marriage has been irretrievably broken for at least six months. Fault grounds include cruelty, abandonment, imprisonment, adultery, and living apart under a separation judgment or agreement.

No. New York is an equitable distribution state. Marital property is divided fairly based on statutory factors, which does not necessarily mean equally.

It depends on whether the home is marital or separate property and on the statutory factors — including whether a custodial parent needs to remain in the marital residence. There is no automatic rule.

Under the CSSA, a percentage of combined parental income (17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more), applied up to a combined income cap of $193,000 as of March 1, 2026, plus prorated add-ons for health care, childcare, and education.

Generally until the child turns 21, unless the child is emancipated earlier. It can extend to age 26 for a child with a qualifying developmental disability.

A statutory formula applied to the payor's income up to $241,000 as of March 1, 2026, with duration guided by an advisory schedule based on the length of the marriage. Income above the cap is at the court's discretion.

By the best interests of the child. Legal and physical custody are decided separately, and there is no presumption favoring either parent or any automatic 50/50 arrangement.

Yes. Under no-fault grounds, one spouse's sworn statement is sufficient, and the other spouse cannot block the divorce itself. However, refusing to cooperate can make the case contested, which takes longer and costs more.

It isn't legally required, and the New York Courts offer a DIY uncontested divorce program for simple cases. An attorney is strongly advisable when there are children, real property, retirement assets, a business, or any disagreement.

Yes. Under no-fault grounds, one spouse's sworn statement is sufficient, and the other spouse cannot block the divorce itself. However, refusing to cooperate can make the case contested, which takes longer and costs more.

Only the Supreme Court can grant a divorce and divide marital property. Family Court handles custody, visitation, child support, paternity, guardianship, and orders of protection — but cannot grant a divorce.

Confirm you meet the residency requirement, file a Summons with Notice or Summons and Complaint in Supreme Court, pay the index fee, serve your spouse within 120 days, complete financial disclosure, and then either settle or proceed to trial.

Hourly rates commonly run about $300–$600, with retainers often between $5,000 and $15,000. Uncontested flat fees are considerably lower. Each attorney sets their own fees and will explain them before you commit.

No. Dial4Law is a free attorney-matching service for New York. We connect you with an independent attorney; any fees are set by and paid to that attorney, not to Dial4Law.