New York Divorce FAQs

How long does the divorce process take?
Do I need a lawyer to get a divorce?
I have an attorney, but I think I want to hire someone else. Can I do this?
What are the “grounds” for divorce?
Where do I file for divorce?
Do both spouses have to agree to the divorce in order to get divorced?
What if I don’t know where my spouse is located?
What is the difference between a contested and uncontested divorce?
How is an annulment different than divorce?
I was served with a Summons and Notice. What do I do?
How does a judge decide custody?
How long does a parent have to pay child support for in New York?
How long do I have to pay alimony or maintenance for in New York?
How will equitable distribution affect my property?
What is an Order of Protection?
Why hire Brian D. Perskin & Associates P.C. for my divorce?
What do I need to bring to my consultation?
I can’t afford a lawyer.

1. HOW LONG DOES THE DIVORCE PROCESS TAKE?

The duration of the New York divorce process varies case by case and depends on several factors, including the nature of the divorce, the parties involved, the county where the New York divorce papers are filed, the judge, and other specific circumstances. Generally, uncontested New York divorces—in which both spouses agree to the terms of their divorce, arrangements regarding children, finances, and property—take between 4 and 6 months, though this can vary. Complicated New York divorce cases can take anywhere from six months to several years. Particularly, if the parties are disputing custody and finances, the process will take longer. If there is a disagreement regarding custody, the New York divorce process may take about a year or longer, whereas if the parties are only disputing financial matters, it may be resolved in a shorter time frame.

2. DO I NEED A LAWYER TO GET A DIVORCE?

It is strongly advised that parties seeking a New York divorce meet with a lawyer. New York divorce laws can be complicated, and it is important that each spouse’s interests are represented and advocated for, ensuring their New York divorce follows the proper legal procedures. If the divorce is uncontested, and all financial and custody issues have been resolved, parties can use the Uncontested Divorce Forms Packet from the courts. However, even in these cases, it is highly recommended that a lawyer is consulted to navigate the complexities of New York divorce law.

3. I HAVE AN ATTORNEY, BUT I THINK I WANT TO HIRE SOMEONE ELSE. CAN I DO THIS?

Yes, you can! If you are unhappy with your current representation, for whatever reason, contact us for a consultation. Our firm has been representing a diverse clientele for over 20 years, and a portion of our clients have come to us after they had already retained a lawyer elsewhere.
If you decide to make the switch to Brian D. Perskin & Associates P.C., we will file a Consent to Change Attorney and Notice of Appearance with the court, and request that your former attorney send us your entire case file.
The process of changing attorneys is quite simple, so do not hesitate to proceed if you aren’t pleased with your current representation.

4. WHAT ARE THE “GROUNDS” FOR A NEW YORK DIVORCE?

In New York, there are four fault-based grounds for divorce:

Cruel and inhuman treatment
Adultery
Abandonment for one or more years
Imprisonment for three or more years consecutively

You can also apply for a “no-fault” New York divorce. For this, the grounds are an irretrievable breakdown in the relationship for at least six months.

Either way, having an attorney will help you understand and create your separation or divorce agreement.

5. WHERE DO I FILE FOR DIVORCE IN NEW YORK?

In New York, you need to file for divorce in Supreme Court, not in Family Court. You are required to file for divorce in the county in which you currently live or the county in which your spouse currently lives.

6. DO BOTH SPOUSES HAVE TO AGREE TO THE DIVORCE IN ORDER TO GET DIVORCED?

Even if your spouse does not agree to the divorce, you can still get divorced. It is, however, required that the defendant (the party who does not initiate the divorce) be personally served with divorce papers according to New York State law. This means you need to know where your spouse is located so you can have the New York divorce papers hand-delivered to them. Once they receive the papers, you are able to proceed with the New York divorce, whether or not your spouse consents to it.

7. WHAT IF I DON’T KNOW WHERE MY SPOUSE IS LOCATED?

For a New York divorce, you must know where your spouse is living so they can be served with the Summons and Verified Complaint for Divorce. If you cannot locate your spouse on your own, you may have to hire a private investigator. Working with an experienced divorce attorney would be incredibly beneficial in this situation.
Once you locate your spouse (now the Defendant), and serve them with the Summons and Complaint, you must wait for them to respond to the papers and retain an attorney (if they choose to do so). If they fail to respond within a given amount of time, you and your lawyer may file for a default judgment. This means that your divorce may be automatically granted, since the defendant failed to respond.

For more information on what to do in this situation, contact an attorney from Brian D. Perskin & Associates P.C. to discuss your case.

8. WHAT IS THE DIFFERENCE BETWEEN A CONTESTED AND UNCONTESTED NEW YORK DIVORCE?

In a New York divorce, the process is considered uncontested if both spouses agree about what will happen with their children, finances, and property after they dissolve their marriage. If one spouse does not want the divorce, if they disagree on the reasons for the divorce, or if they can’t agree on children, finances, or property, the divorce is contested. Contested divorces generally take more time and require more court visits. In contested divorces, it’s especially important for each spouse to have a lawyer.

9. HOW IS AN ANNULMENT DIFFERENT THAN DIVORCE?

A divorce legally ends a valid marriage. An annulment, on the other hand, declares the marriage null and void, as if it never happened.

According to § 140 of Domestic Relations Law, there are six grounds for annulment:

The marriage was based on fraud.
One partner was forced into the marriage under duress.
One or both spouses were under 18 years old when they married.
One spouse couldn’t understand the marriage due to mental incapacity.
One spouse became incurably insane for at least 5 years after the marriage.
One spouse was incurably unable to have intercourse at the time of marriage.

10. I WAS SERVED WITH A SUMMONS AND NOTICE. WHAT DO I DO?

You have 20 days to respond to a Summons and Notice for Divorce. While not all divorces require an attorney, it will be in your best interest to at least meet with a lawyer who practices in your area. By doing so, you can get a better understanding of the papers you were served with.
If you ultimately decide to retain an attorney, your lawyer will file all necessary documents with the court, communicate with opposing counsel, and advocate on your behalf throughout the divorce.

11. HOW DOES A JUDGE DECIDE CUSTODY IN A NEW YORK DIVORCE?

With custody and visitation agreements, a judge will evaluate a number of factors. The ultimate goal is to find a custody arrangement that is in the best interests of the child. A judge will likely evaluate each parent’s relationship with their child, who is primarily responsible for the child’s wellbeing, overall parenting ability, where each parent resides, any history of abuse, etc. Determining a child custody arrangement is something that will vary greatly from case to case, as there are unique characteristics involved in each family dynamic.

12. HOW LONG DOES A PARENT HAVE TO PAY CHILD SUPPORT IN NEW YORK?

In New York, a parent is required to pay child support until the child turns 21 years old. However, if the child becomes emancipated before 21—such as by getting married, joining the military, or becoming financially independent—the child support obligation may end earlier. Additionally, child support can continue past 21 if the child has special needs that require ongoing support. It’s important to review your specific circumstances with a family law attorney to understand how the rules apply to your situation.

13. HOW LONG DO I HAVE TO PAY ALIMONY OR MAINTENANCE IN NEW YORK?

In New York, the duration of alimony or maintenance payments depends on several factors, including the length of the marriage.

For marriages lasting up to 15 years, alimony may be paid for 15% to 30% of the marriage length.
For marriages lasting 15 to 20 years, alimony may be paid for 30% to 40% of the marriage length.
For marriages lasting more than 20 years, alimony may be paid for 35% to 50% of the marriage length.

Additionally, the court considers factors like the financial situation of both parties, age and health, earning capacity, and whether one spouse needs time to become self-sufficient. The court can also award temporary maintenance during the divorce process, for financially dependent spouses who need to be supported for the duration of the divorce (before post-divorce maintenance rulings are made). These payments end after the divorce.

It’s important to consult with a family law attorney to understand how these rules apply to your specific situation.

14. HOW WILL EQUITABLE DISTRIBUTION AFFECT MY PROPERTY?

In New York, all property acquired and income earned during a marriage is subject to equitable distribution. This is a process for dispersing property acquired by or owned by either spouse upon the termination of a marriage. During equitable distribution, the courts will sort out what is considered separate property and what is marital property.
Separate property (property acquired before marriage and/or anything that is gifted, bequeathed, or devised to one partner during the marriage.) usually remains separate, and marital property (property acquired during marriage) is distributed equitably between both spouses. The courts will also take into consideration the circumstances surrounding the case and both parties.

15. WHAT IS AN ORDER OF PROTECTION?

An Order of Protection is an official court order that prevents one party (the Respondent) from abusing, stalking, harassing, or showing violent behavior toward the other party (the Petitioner) involved in the case. The Petitioner has the right to call the police if the Respondent violates the order, and the Respondent will face possible jail time.
A Petitioner will generally request that a Respondent be served with an Order of Protection during divorce or family law cases in New York. While the court reviews a petition for custody, support, or visitation, a Temporary Order of Child Support or Custody may be issued. This temporary order will outline custody and child support requirements until an agreement between the parties can be finalized.
There are various types of Orders of Protection, as well as different terms and stipulations, so it is highly recommended that you retain an experienced attorney to assist you with this matter.

16. WHY HIRE BRIAN D. PERSKIN & ASSOCIATES P.C. FOR MY DIVORCE?

There are many divorce and family law firms in New York, but Brian D. Perskin & Associates P.C. stands out. Our founder, Attorney Brian Perskin, has over 20 years of legal experience and is the author of the book “Winning Divorce Strategies,” along with several other publications on divorce. Our firm has deep knowledge of New York divorce law and can creatively apply it to each client’s unique situation.

17. WHAT DO I NEED TO BRING TO MY CONSULTATION?

After scheduling your consultation with Brian D. Perskin & Associates P.C., you will be asked to fill out a short form that will be sent to you via email. This form will ask for the basics of your case, as well as general information. You do not need to have your spouse accompany you to the consultation, because we are only able to represent one party in the action. If you have already been served with a Summons, you should bring it with you to the consultation.
While it is not necessary, you may want to bring a pen and notepad to write down key points during the meeting.

18. I CAN’T AFFORD A LAWYER.

You may be entitled to a lawyer for certain family cases, including custody and visitation, but this would not include divorce, which is handled in the Supreme Court rather than in the Family Court. Alternatively, you may contact your local county bar to speak with one of their volunteer attorneys for assistance on your case.
Brooklyn Bar Association: 718-624-0675
Bronx County Bar Association: 718-293-5600
New York County Lawyers Association: 212-267-6646
Queens County Bar Association: 718-291-4500
Richmond County Bar Association: 718-442-4500
Suffolk County Bar Association: 631-234-5899
Nassau County Car Association: 516-747-4070

CONTACT US AND WE WILL GET BACK TO YOU TODAY

For more information about how our office can help with your New York divorce matter, please contact a New York divorce attorney from our firm to receive our comprehensive legal support.

Call 718.875.7584 to learn more information about our services