Divorce in New York

Frequently Asked Questions

These FAQs apply to divorce matters handled in New York State courts, including cases arising in Rockland, Orange, Dutchess, Ulster, Columbia, Greene, and Albany Counties.

What Are the Grounds for Divorce in New York?

New York allows both no-fault and fault-based divorces. A no-fault divorce is based on an irretrievable breakdown of the marriage for at least six months. Fault-based grounds may include adultery, abandonment, cruelty, or imprisonment.

Do I Have to Prove Fault to Get Divorced?

No. Most divorces in New York proceed on no-fault grounds and do not require proving wrongdoing by either spouse. Fault may still be relevant in limited circumstances, depending on the issues involved.

How Long Do I Have to Live in New York Before Filing for Divorce?

New York residency requirements depend on factors such as how long either spouse has lived in the state and where the marriage took place. In many cases, one spouse must have lived in New York for at least one year or two years before filing. A consultation can help determine whether New York courts have jurisdiction.

How Long Does a Divorce Take in New York?

The length of a divorce depends on whether it is contested or uncontested and the complexity of issues such as property division, custody, and support. Some uncontested divorces may be resolved relatively quickly, while contested divorces can take longer based on negotiations and court scheduling.

What Is the Difference Between a Contested and Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues, including division of assets, custody, and support. A contested divorce involves unresolved disagreements that must be addressed through negotiation, court proceedings, or both.

Do I Have to Go to Court for a Divorce?

Some divorces require court appearances, while others may be resolved through written submissions and agreements with minimal court involvement. Whether court appearances are necessary depends on the nature of the case and whether issues are contested.

How Is Property Divided in a New York Divorce?

New York follows an equitable distribution system. This means marital property is divided fairly, though not necessarily equally, based on factors such as the length of the marriage, each spouse’s contributions, and future financial circumstances.

How Is Spousal Support Determined?

Spousal support, also known as maintenance, may be awarded based on statutory guidelines and other factors such as income, length of the marriage, and financial need. Support may be temporary or long-term, depending on the circumstances.

How Much Does It Cost to Get Divorced in New York?

The cost of a divorce varies depending on whether the case is contested, the issues involved, and how it is resolved. Some uncontested divorces may be handled for a flat fee, while contested matters are typically billed hourly. A consultation can help clarify potential costs.

What Should I Bring to a Divorce Consultation?

Bring any court papers, prenuptial or postnuptial agreements, financial documents, and information related to assets, debts, and children. If you do not have all documents available, guidance can be provided on what to gather next.

Contact Jonathan Katz Law

Jonathan Katz Law represents clients in divorce matters throughout New York State courts. The firm regularly appears in courts across Ulster, Dutchess, and surrounding New York counties and handles both contested and uncontested divorces.

Client Reviews
★★★★★
I was living a nightmare of being falsely accused in a judicial system that considers all fathers to be dead beat dads until proven innocent. Living out of state and facing the possibility of jail, I miraculously found Jon’s website and called his office. Within a week the tables were turned, the lies were exposed, and the harassment was stopped. If you need someone that will challenge the system, then you need Jonathan Katz. Greg Weaver
★★★★★
Jon’s integrity towards his clients is what makes him a standout attorney. He makes it a priority to know what's important to you. You’re not just a number. He is upfront with you right from the start. He will not string you along just for his financial benefit. He is only willing to settle the case if that's truly what you want. Anytime I called him I received a call back from him that day. Not someone else in the office. He is an attorney that has a passion for what's important to his clients. John Morrissey
★★★★★
Being a single mom, I had enough stress in my life. I had no idea how to go about protecting myself. My daughters were my priority. Jon walked me through the process. He turned a difficult time into a workable solution. Diane Chiriani
★★★★★
Jon thinks well, works to be clear and honest. He works to get to a strong argument. He seems to have a good working relationship with everybody at the courthouse. I get the feeling he has no trouble thinking like a judge. He is friendly and courteous. He doesn't overbill. He takes and returns calls promptly. His legal staff is friendly and competent. What's not to like? Rick S.
★★★★★
I liked that there was always transparency throughout my case. Genevieve H.
View More
Submit a Law Firm Client Review