Divorce Options in New York City
Divorce isn’t a one size fits all solution. There are different divorce options available in New York City. Decide which one is best for you with our Manhattan and Brooklyn divorce attorneys.
Understanding New York Divorce Options
Deciding to get a divorce isn’t an easy decision and the process can be very stressful. Knowing what to expect and what options are available to you can help streamline the process and relieve the stress of the unknown. In the state of New York there are three divorce options available to couples that have decided to file a dissolution of marriage. If you’re seeking law professionals in Brooklyn or Manhattan, Brian D. Perskin & Associates are the attorneys to call.
Uncontested Divorce
An uncontested divorce is a simple matrimonial action that occurs when both parties agree to get a divorce. To truly be an uncontested case, both parties must agree on all terms of the divorce including matters such as child custody and support, spousal support, and division of assets.
Contested Divorce
When you don’t have an amicable relationship with your spouse and are unable to agree to the terms of your divorce, a contested divorce may make the most sense. A contested divorce can be stressful making it vital to hire a highly skilled divorce attorney that can help you protect yourself, your family, and your future.
Divorce Mediation
Mediation is a great option for couples who are amicable but still need help coming to an agreement. A divorce attorney can act as a neutral third-party and help keep the lines of communication open, brainstorm ideas, and help couples through decision-making process to end their marriage.
High Net Worth Divorce
When significant assets are at stake, divorce becomes far more complex. At Brian D. Perskin & Associates P.C., we guide high-net-worth clients through asset protection, valuation, and equitable distribution under New York law.
We handle cases involving:
- Private businesses and professional practices
- Investment portfolios, real estate, and retirement accounts
- Prenups, postnups, and separate property claims
- Forensic investigations and tax-sensitive asset division
With over 40 years of combined experience, our team offers smart, strategic representation to secure your financial future.
Not Quite Ready for a Divorce? Legal Separation Could be a Better Option.
Some people want to file for divorce right away once they decide the marriage is no longer working, while other people need more time. In this type of situation, filing for a legal separation can be a better option. Legal separation is also an option for parties who want a divorce but are avoiding it due to health insurance, tax, or religious purposes.
Frequently Asked Questions About Divorce Options
An uncontested divorce is the best option for divorcing couples that are amicable and can come to an agreement on the terms of their divorce. For spouses that are not amicable or unable to come to an agreement on the terms of their divorce, a contested divorce is the better option. Learn More
You can get a divorce regardless of if your spouse agrees to it or not. Learn More
The Supreme Court. Learn More
A contested divorce in New York occurs when spouses cannot agree on key issues such as property division, child custody, or financial support. Unlike uncontested divorces, these cases often require formal legal proceedings, including document exchange, negotiations, court appearances, and potentially a trial where a judge makes the final decisions. Because of the disputes involved, contested divorces are typically more complex, time-consuming, and costly.
In New York, a small business may be treated as marital property and subject to equitable distribution, even if only one spouse owns it. Courts consider factors such as when the business was created, whether marital funds or efforts contributed to its growth, and each spouse’s direct or indirect contributions. As a result, a business can be divided, valued for a buyout, or even sold, depending on the circumstances.
Handling a high-conflict divorce requires a structured and strategic approach focused on minimizing escalation and maintaining control over the process. This often includes setting clear boundaries, limiting direct communication when necessary, and relying on experienced legal guidance to manage disputes effectively. Strong preparation and a disciplined strategy can help prevent unnecessary conflict, reduce delays, and keep the case moving toward resolution.
The cost of a divorce in New York depends largely on the complexity of the case, including whether it is contested, the level of conflict between spouses, and the number of issues that must be resolved. Factors such as disputes over assets, custody, and support, as well as the amount of time spent in negotiations or court, can significantly increase legal fees. Managing the process efficiently and avoiding unnecessary conflict can help keep costs under control.
An uncontested divorce works best when both spouses fully agree on all major issues, including property division, custody, and support, and meet the legal requirements to file. Taking a careful and organized approach, such as confirming eligibility, preparing accurate documents, and ensuring all terms are clearly defined, can help keep the process efficient, cost-effective, and free from unnecessary complications.
The key difference lies in whether spouses agree on the terms of their divorce. An uncontested divorce occurs when both parties reach full agreement on issues such as property division, custody, and support, allowing for a faster and more cost-effective process. A contested divorce, on the other hand, arises when there are disagreements on these issues, often requiring court involvement, additional proceedings, and a longer, more complex resolution.
New York Divorce Attorneys That Can Guide You Through the Divorce Process
At Brian D. Perskin & Associates P.C. we know how to create an effective strategy for getting what you need during divorce. So when money, property, or children are involved, let our Manhattan and Brooklyn lawyers help you succeed.
Choose the Best Divorce Option for Your Situation
Explore our team’s guidance on the different divorce paths in New York, from uncontested and contested filings to mediation and high-net-worth matters, to determine which option aligns best with your situation.
