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You do not need an attorney to file for a divorce, though it is highly recommended that you at least consult an attorney before proceeding. This is especially true if you have children, assets, property, or the possibility of alimony. It is always best to have a lawyer represent you and your interests.
If you wish to begin the process on your own, New York’s government website has uncontested divorce forms that you and your spouse can fill out and submit to the court – if there are no conflicts or disagreements between you.
Even so, having an attorney’s help is best. Many divorces that seem simple at first can become more complex as the process progresses. A lawyer can also ensure all paperwork is filed correctly and answer any legal, personal, and financial questions that arise along the way.
(As of this interview in 2024) I have over 27 years of experience as an attorney, and nearly all of my practice during those years has been divorce and family law. Many lawyers are “general practice” attorneys who do a little bit of everything, including estate law, personal injury, and divorce.
Other lawyers have turned to divorce law more intently after COVID-19 but lack the decades of experience that are needed to understand divorce law in depth and the unique situations that can arise during a divorce case.
Divorce and family law are the nexus of my law practice and have been from the beginning. It’s important to ask your lawyer if divorce law is their prime focus and if they’ve focused on it for most of their career. In my case, the answer to both of those questions is yes.
In New York, the grounds for divorce include “no-fault,” also known as “irretrievable breakdown” or “irreconcilable differences.”
This simply means that you feel your marital relationship has broken down, can not be fixed, and should be legally ended. These are the grounds under which 99.9% of divorces in New York are filed these days, no matter the circumstances of the marriage’s ending.
Other grounds include cruel and inhuman treatment, abandonment, or a marriage’s initial invalidity, known as annulment. The vast majority of divorce cases today, however, are no-fault divorces.
The courts require that the breakdown of the marriage occur within the last six months, though this can sometimes be fluid, and the courts do not strictly police this time period.
You will simply have to sign a sworn document saying you believe that your marriage has broken down irretrievably for at least six months, and this allows you to file.
If you anticipate that your spouse will object to the divorce, it is best to ensure they are served with a summons via a licensed process server. After they are served, they have 20 days to answer the summons.
If they do, this allows them to object to the grounds and argue that there has not been an irretrievable breakdown of the marriage. Should that happen, the courts could still hold a grounds trial to determine the validity of the no-fault basis for divorce, though this is quite rare.
Realistically, it is very difficult to argue against a no-fault divorce. If you simply do not want to be married to your spouse and you feel the marriage has broken down beyond repair, a court is almost certain to agree with you and grant you a divorce.
Attorney David Bliven is an accomplished divorce attorney serving New York. For over 25 years, he’s helped clients just like you navigate divorce with clarity, understanding, and the focused legal guidance they need and deserve.
Have questions, or in need of excellent legal representation? Reach out to the Law Offices of David Bliven at (347) 797-1188 | (914) 362-3080 for an initial consultation today.
This depends on whether your divorce is contested or uncontested and where your case is filed. For example, in Westchester, New York, your no-fault divorce should take about three to six months. A contested divorce will take an average of 12 to 18 months to go through a full trial.
In the Bronx, however, an uncontested divorce can take six to ten months, while a trial-contested divorce can take 12 to 24 months. This is simply due to the number of available Judges and staffing from one court to another and the sheer population difference in certain towns and boroughs.
As of September 2024, the court fee to file in New York is $210. Fees may go up over time, so verifying those exact fees on the New York State Courts website is best.
Attorney’s fees vary greatly. You could spend as little as a few hundred dollars or as much as tens of thousands of dollars just to hire your attorney. The differences in fees reflect the attorney’s experience level, qualifications, where their office is located, their caseloads, and the structure of their practice.
For example, an attorney who’s recently graduated law school will charge far less than someone with 20 or 30 years of experience. Likewise, an attorney with larger caseloads of 150 or more will charge far less than an attorney with 50 to 70 cases. Larger caseloads mean less time to spend on your case and lower fees, while smaller caseloads can allow you more dedicated attention with a higher bill.
Sit down with an attorney and talk about your situation, the background of your marriage, your child’s situation, and your hopes for your future with your child. Before the divorce occurs, keeping records can be an incredibly helpful way to prepare.
Keep a dated journal of your daily interactions with your child with regard to picking them up from school, childcare, and your involvement in their lives versus your spouse’s involvement.
Preserve emails, text messages, and social media messages from the other parent, as well. If you have audio recordings of conversations with your spouse, these can also be quite helpful. You should also checkout the downloadable books on my website: https://www.blivenlaw.net
Get ahold of all documents related to your finances, major purchases, real estate transactions, and transfers of money. This can help verify whether assets are jointly held or solely your own, something helpful to establish in the division of assets. Photocopy all checks written and get copies of all statements.
Similarly, it’s important to determine which portion of your retirement accounts are premarital for you to retain that amount after divorce. Get statements from your 401k or deferred compensation plan to show how much money you had in these accounts at the time you were married.
You will also have to fill out a “net worth statement,” so getting together documentation related to bank accounts, assets, and liabilities will be important. Should your divorce be contested, you will need to provide this documentation for (at least) the last three years, and it’s best to get started on this as soon as possible.
In fact, my website has a free, downloadable eBook called “Navigating Your New York Contested Divorce Case.” Within that eBook, I’ve included a list of documents to start getting together if your case is contested. If you read that book, you’re going to be well ahead in the game in terms of preparation for your divorce case.
This depends on the issue and the circumstances of your divorce. For example, if alimony (a/k/a spousal maintenance) is paid, it is deductible to the payer and included as income for the receiver under New York State tax law.
Talk with your spouse as to whether you’d like to file your taxes jointly one last time for the year that you file for divorce. Exceptions to this include if your spouse is especially violent, controlling, or financially abusive. If so, have a conversation with an accountant as to what filing situation makes the most sense for you financially.
You will also want to discuss tax deductions or which spouse gets to claim your children as dependents on their tax returns. Generally, this is something the custodial parent does, though your unique custodial situation will require a conversation of its own during negotiations. In other cases, a court can make that decision for you.
An attorney will be able to guide you through a New York divorce far better than you could ever manage on your own. Your attorney will know the law and can marshall proper arguments to make on your behalf to a Judge.
No matter how intelligent you are, how educated you are, or how respected you are in your field, you will need a divorce attorney. I’ve seen highly intelligent clients with PhDs who fired their attorneys, assumed they could handle the divorce on their own, and were utterly creamed by the Divorce Judge.
Don’t assume that just because you can handle your taxes on your own, you can handle your own divorce. Don’t think like that. If you are not comfortable performing surgery on yourself, you should not be comfortable handling your own divorce.
Even if your divorce seems quite simple and amicable and you plan to fill out the uncontested divorce packet from the New York Court’s website, speak with an attorney beforehand. Have legal guidance to ensure you’re doing things correctly and to answer any questions that may come up.
For more information on Working With A Divorce Lawyer In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 | (914) 362-3080 today.
Attorney David Bliven is an accomplished divorce attorney serving New York. For over 25 years, he’s helped clients just like you navigate divorce with clarity, understanding, and the focused legal guidance they need and deserve.
Have questions, or in need of excellent legal representation? Reach out to the Law Offices of David Bliven at (347) 797-1188 | (914) 362-3080 for an initial consultation today.
