New York Divorce Attorney

Compassionate and Effective Divorce Representation in New York City

Divorce is difficult, financially and emotionally. But with competent legal representation, you can reduce your stress and trust that your rights and interests will be protected. An NYC divorce attorney from The Levoritz Law Firm works toward getting you the best possible outcome for your situation. Our team will stand beside you, giving you effective guidance every step of the way.

Types of Divorces We Handle in New York City

New York City offers various types of divorces, each tailored to different situations and needs, and understanding these options can help you navigate the legal process more effectively.

• Uncontested Divorce

  This occurs when both parties agree on all matters, including property division, child custody, and support. It's the fastest, least expensive, and least stressful type of divorce.

  Read More About Uncontested Divorce

• Contested Divorce

  Here, the spouses disagree on one or more key issues, necessitating court intervention to make decisions. This process is more complex, time-consuming, and costly than an uncontested divorce.

• High-Asset Divorce

  This type of divorce caters to couples with significant assets, requiring experienced legal handling to ensure fair distribution of complex portfolios, business interests, and properties.

  Read More High-Asset Divorce

• Legal Separation

  While not a divorce, this legal agreement allows couples to live apart and settle issues like support and custody. It can be a precursor to divorce or an alternative for those who do not wish to divorce for personal, financial, or religious reasons.

  Read More About Legal Separation

• Domestic Partnership Termination

  In New York City, domestic partners may seek a formal separation similar to divorce, addressing similar issues such as asset division and custody.

• Appeals

  If one party disagrees with a divorce decree, they can appeal to a higher court. This process requires a detailed understanding of appellate law and is crucial for challenging decisions that may seem unjust or improperly adjudicated.

  Read More About Appeals

Levoritz Law Firm provides proficient legal guidance across all types of divorces, ensuring your rights and interests are protected throughout the process.

Issues that Arise During Divorce

Divorce can be a challenging experience, especially when it comes to the myriad legal issues that arise during the process. Sometimes, couples can agree on all the terms of their divorce, making the process much easier. But when conflicts arise, the court must often decide on certain issues.

Several issues that can come up during divorce include:

• Child Custody and Support

  Child custody and support are often the most emotionally charged aspects of a divorce. These decisions significantly impact living arrangements, schooling, and parental involvement. Our attorneys are skilled in negotiating agreements that protect your children's welfare while respecting your rights as a parent.

• Spousal Support

  Spousal support (alimony) is another critical issue, especially in cases where there is a significant disparity in earning capacity between spouses. We strive to make sure any spousal support awarded is fair and reflective of various factors, including the duration of the marriage and the future earning potential of each partner.

• Division of Property and Assets

  The equitable distribution of marital property and assets can be complex. Our team excels in identifying, valuing, and negotiating the equitable division of all relevant assets, ensuring your financial security and stability.

• Prenuptial and Postnuptial Agreements

  Prenuptial and postnuptial agreements can significantly influence divorce proceedings, particularly regarding asset division and spousal support. Our attorneys are adept at interpreting and enforcing these agreements, making sure they are considered fairly in the divorce process.

• Modifications and Enforcement

  Circumstances may change post-divorce, necessitating modifications to certain aspects like child support or custody. Even when no modifications are necessary, enforcing existing orders can sometimes be challenging. Our firm is committed to assisting clients with these post-judgment issues, advocating for their rights and interests.

What Are the Grounds for Divorce?

You must have grounds for filing for divorce in New York. However, you can file on no-fault or fault grounds. If you file on no-fault grounds, you do not have to show that your spouse did anything wrong, but you must state that your marriage has been irretrievably broken for at least six months. Furthermore, all terms of the divorce will have to be settled between the parties or in court get a no-fault divorce.

For a fault divorce, you will have to prove to the court that your spouse:

• Committed adultery: You will need to have evidence to prove this, not just your suspicions.
• Abandoned you for at least a year or more: Abandonment includes leaving the home for at least a year or refusing to have sex for at least that long (constructive abandonment).
• Treated you cruelly and inhumanly: You must be physically or mentally in danger to the point that you can no longer live with your spouse.
• Was in prison for at least three consecutive years: Your spouse must have gone to prison after you were married.
• Was legally separated for at least a year: Requiring a legal precursor to a formal divorce.

Once we learn the details of your case, we can help you determine the most appropriate grounds for your situation. If you are divorcing on fault-based grounds, we will advise you regarding the type of evidence you'll need to show the court.

The Divorce Process in New York City

The divorce timeline in New York City can vary greatly depending on the type of divorce, the complexity of the case, and the level of agreement between the parties.

Here's a general outline of what to expect:

1. Filing for divorce: One spouse files a divorce petition with the court, and the other spouse is served with divorce papers.
2. Response period: The served spouse has 20 days to respond if served in person, or 30 days if served in another manner — failure to respond may lead to a default judgment against them.
3. Discovery phase: The uncovering of various relevant information — often lasts several months, depending on cooperation between parties and the complexity of the assets.
4. Negotiation and settlement: Because a settlement can be negotiated at any time, this can take a few weeks to several months or more.
5. Trial preparation: If negotiations fail, the case moves toward trial — pre-trial preparations can take several months as both sides build their cases.
6. Trial: The length of the trial itself can vary from a day to several weeks, depending on the issues at hand and the court's schedule.
7. Final judgment: After the trial concludes, the judge will issue a final judgment — this might take a few weeks to several months after the trial ends.

Notably, high-asset or contested divorces often take longer due to the need to appraise complex assets and possibly because of more contentious negotiations or litigation.

You should also keep in mind that either party can appeal the court's decision. This can extend the timeline further, often for months or even years.

How Long Will It Take to Finalize My New York Divorce?

An uncontested divorce might be resolved in as few as three to six months, while a contested divorce could take a year or more — especially if it involves complex issues or goes to trial. High-asset divorces and those requiring appeals can extend the timeline significantly.

Engaging a knowledgeable attorney from Levoritz Law Firm can help you navigate this process efficiently, potentially minimizing the timeline while protecting your interests.

Why Do You Need a New York Divorce Lawyer?

There’s a lot to do in a divorce, which adds to the stress and the complexity of the entire process. However, a reputable divorce lawyer can relieve most of your burdens. For example, we’ll handle the paperwork and filing process, including having your spouse served.

In contested divorces, we will act assertively in your interests when it comes to the terms of the divorce. But even if your divorce is uncontested, the process can still be confusing and stressful. Thankfully, our New York divorce attorneys have a deep understanding of all the steps involved to help swiftly resolve any issues.

To learn more about how we can help you in your divorce, contact The Levoritz Law Firm today.

Why Choose Our New York City Divorce Attorney for Your Case?

Choosing the right attorney is a pivotal decision that can significantly impact the outcome of your divorce. At Levoritz Law Firm, we offer a unique blend of skill, dedication, and personalized care that sets us apart from other attorneys.

• Seasoned professionals: With over 40 years of combined experience in family law, our attorneys bring a depth of knowledge and a wealth of insights to every case.
• Personalized approach: Each divorce is as unique as the individuals involved — that’s why we take the time to listen to your story, understand your goals, and tailor our strategy to suit your specific needs.
• Strong negotiation skills: Whether negotiating a fair division of assets, crafting a child custody agreement, or determining spousal support, we aim to reach amicable resolutions that safeguard your interests.
• Proven success: Our firm boasts a distinguished track record of success, and our attorneys are recognized for their dedication to achieving the best possible outcomes for our clients.

Choosing Levoritz Law Firm means partnering with a team of attorneys committed to protecting your most valued interests, and our compassionate approach ensures that you feel heard, supported, and empowered throughout the legal process. Our unparalleled skill, personalized care, and unwavering dedication make us the ideal choice for your New York City divorce case.