People do not get married intending the marriage to fail. But people can and do grow apart, and divorce may be preferable to remaining in an unhappy marriage. Divorce is a difficult step — children, property, and debt mean there are many issues to resolve. The divorce lawyers at Most & Schneid, P.C. take pride in helping clients make the right decisions so they can move forward with their lives.
Guiding You Through the New York Divorce Process
Many people believe that being wronged during a marriage translates into an advantage in the divorce. It usually does not: unless there is egregious fault, New York courts are not interested in fault, and it does not affect equitable distribution. The court’s role is to separate the parties, divide the assets equitably, and protect the best interests of the children.
Since 2010, New York has permitted no-fault divorce, a streamlined process that lets spouses separate without proving grounds. The court then addresses property and debt division, spousal maintenance, child custody and parenting time, and child support. Because many of these outcomes are reasonably predictable, we can give you a realistic assessment of what to expect if your case were to go to trial.
We Handle Every Divorce-Related Matter
- Separation agreements
- Asset and debt division
- Child custody and parenting time
- Child support
- Modifications and enforcement
- Prenuptial and postnuptial agreements
- Collaborative divorce
Settlement Strength and Courtroom Strength
You need more than a strong litigator. Some lawyers know only one approach — bringing aggression to a case that could settle, or playing conciliator when only a strong advocate will do. Cases transform: a quick settlement can become a contested fight, and an expensive litigation track can suddenly resolve. Our attorneys flow easily between conciliation and litigation, lowering the volume to get a deal done and shifting gears quickly when a fight is necessary.
Frequently Asked Questions
Is New York a no-fault divorce state?
Yes. Since 2010, New York has allowed no-fault divorce based on an irretrievable breakdown of the marriage for at least six months, so spouses do not need to prove fault grounds to divorce.
Does fault affect how assets are divided?
Generally, no. New York is an equitable distribution state, and courts typically do not consider marital fault such as infidelity when dividing property, except in rare, egregious cases involving domestic violence or similarly serious misconduct.
How long does a divorce take in New York?
It depends on whether the divorce is contested or uncontested and on the complexity of the assets and custody issues involved. An uncontested divorce with a full agreement can resolve in a matter of months, while contested cases involving trial can take considerably longer.
Do I need a lawyer for an uncontested divorce?
New York law does not require it, but an uncontested divorce still produces a binding legal agreement covering property, support, and custody, so many people choose to have an attorney review or draft the agreement to avoid costly mistakes.
If you are ready to talk with an experienced matrimonial and family law attorney, call Most & Schneid, P.C. at (914) 997-9181 or request a consultation online. We serve clients from our offices in White Plains (Westchester County) and Garden City (Nassau County).