Divorce in New York: Contested and Uncontested
Helping clients in New York City and surrounding counties move through separation and divorce with a focus on children, finances, and long-term stability.
Uncontested Divorce
An uncontested divorce is faster, less costly, and less stressful than a contested case. Both spouses agree on custody, support, property division, and other key issues. You can settle through negotiation, mediation, or collaborative process.
For uncontested divorce, we help with:
- Negotiating a comprehensive marital settlement agreement
- Ensuring all issues are addressed: custody, support, property, debt, health insurance
- Drafting and filing the required court documents
- Explaining the final judgment so you understand your obligations
Contested Divorce
When spouses disagree on custody, support, property division, or other issues, the divorce is contested. These cases are more complex and may involve court hearings or trial. Early legal representation is critical to protect your interests.
Discovery and Evidence Gathering
We exchange documents with the other side, including financial records, tax returns, and communications. We gather evidence to support your position on custody, income, assets, and debts.
Settlement Negotiations
Even in contested cases, many issues can be negotiated. We discuss settlement options with the other side's attorney and pursue favorable agreements wherever possible.
Motion Practice
We file motions for temporary orders (custody, support, living expenses) while the case is pending. These temporary orders often set the tone for final settlement.
Trial or Hearing
If settlement is not possible, we prepare for trial. We present evidence, examine witnesses, and advocate aggressively for your interests before the judge.
Key Issues in Divorce
Custody and Parenting Time
Who makes major decisions for the children, and where do they live? We protect your relationship with your children.
Child Support
Based on income, custody arrangement, and children's needs. Courts use statutory guidelines; we ensure accurate income calculations.
Spousal Maintenance (Alimony)
If one spouse earns significantly more, the higher-earning spouse may owe maintenance to the other. We negotiate or litigate maintenance.
Property and Debt Division
Marital property is divided equitably (not necessarily equally). We identify and value assets, and negotiate fair division.
Health Insurance
Who carries health insurance for the children? Often one spouse must maintain coverage for the other's benefit.
Retirement Accounts and Pensions
Retirement assets earned during the marriage are often split. QDRO (Qualified Domestic Relations Order) may be needed.
Frequently Asked Questions
Ready to Discuss Your Divorce Options?
Divorce is complex, but you do not have to navigate it alone. Early legal advice can clarify your options, protect your interests, and help you move forward with confidence.
Serving clients in Bronx, Manhattan, Queens, Brooklyn, Staten Island, and surrounding counties.