New York City Divorce Lawyer

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. A divorce lawyer in NYC 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.

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From Yoni’s interview for the Masters of Family Law series on ReelLawyers.com.

What is a Divorce?

Divorce is a legal proceeding for marriage dissolution. In New York, the proceeding does not only dissolve the marital bond but also resolves key issues regarding property division, child custody, and spousal support. New York allows both no-fault and fault-based divorces.
For no-fault divorces, the most common reason is an “irretrievable breakdown” of the marriage that has lasted at least six months. Fault-based divorces, however, may cite reasons such as abandonment, adultery, or cruel treatment. During the process, courts address several critical matters:
  • Property Division: New York uses equitable distribution to divide marital property fairly—though not necessarily equally—between spouses.
  • Child Custody and Support: The child’s best interest guides custody decisions, taking into consideration stability and level of parental involvement.
  • Spousal Maintenance: Financial support may be awarded temporarily or long-term, depending on the circumstances and financial standing of each party.

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.

What is the #1 Cause of Divorce in NY?

Communication breakdowns and financial disputes are often stated as the most common causes of divorce in New York. This may vary per marriage; these issues frequently create lasting conflicts that lead couples to seek a divorce:

  • Communication Issues: Poor communication leads to unresolved conflicts, mistrust, and emotional disconnection. Most of the time, misunderstandings or one being unable to express feelings effectively result in emotional distancing, drawing a rift that keeps growing and splitting. A couple who fail to work through communication problems end up entangled with patterns of blame or resentment that deepen further the divide.
  • Financial Disputes: Arguments over spending, income, and mounting debt can have an unbearable impact on the marriage. Financial stress is particularly common when couples face unexpected expenses or struggle with differing priorities about saving and spending. Most of these issues are further aggravated by lack of openness on financial matters, which can erode trust and create additional tension.
  • Infidelity: Infidelity, which is less frequent than financial or communication problems, usually demolishes trust and relationships. The emotional impact of this makes reconciliation difficult, with lingering hurt and suspicion complicating progress. Though some couples rebuild their trust through counseling, others find it impossible, and that is why early intervention is so crucial for healing and healthier dynamics.

The Divorce Process in New York City

The Divorce Process in New York City

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 Does a Divorce Take in New York?

The time it takes to finalize a divorce in New York depends on whether the case is contested or uncontested:

  • Uncontested Divorce: If the parties are in complete agreement on all terms, it usually can be finalized in 6 to 12 weeks from filing.
  • Contested Divorce: If there is controversy over major issues, such as custody or division of assets, it will take several months to over a year, depending on the complexity of the case.

Factors Affecting Timeline

  • Court Schedules: Contested cases may be postponed because of court schedules. Busy court dockets in New York City can add weeks or even months to the timeline.
  • Document Preparation: Ensuring all paperwork is complete and accurate helps avoid setbacks. Most of the delays, in fact, happen because of incomplete or missing forms.
  • Legal Representation: An experienced New York City divorce lawyer will be able to expedite the process by ensuring your case proceeds efficiently. A good attorney will minimize delays by efficiently handling filings and disputes and will help move the case toward its resolution.

Whether your divorce is simple or complex, knowing the process and finding professional advice can make

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.

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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.

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.

Can I Get a Divorce Without Any Trial?

Yes, a large number of divorces in New York are settled without trial. If the parties can reach an agreement on all significant issues in the divorce, they can proceed with an uncontested divorce, which is often faster, less expensive, and less stressful.

  • Settlement Agreement: Both spouses negotiate and agree on key issues such as property division, custody, and support. In this approach, the couples are still in control of the outcomes rather than leaving the decisions to a judge.
  • Mediation: A neutral mediator helps the couple reach mutual agreements on disputed matters. Mediators encourage open communication and help identify creative solutions that meet the needs of both parties.
  • Collaborative Law: Each party’s attorney collaborates to resolve the divorce outside of court. This method emphasizes problem-solving and negotiation, aiming to preserve relationships and reduce the adversarial nature of traditional litigation.
  • Attorney-Led Negotiation: Divorce lawyers facilitate discussions and draft agreements that meet both parties’ needs.

If significant disagreements arise—such as disputes over high-value assets or child custody—a trial may be necessary. In these cases, working with an experienced New York City divorce lawyer can help protect your interests and streamline the legal process.

Why Do You Need a Divorce Lawyer in NYC?

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.

Yonatan Levoritz

Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.

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Case Results

The appellate court overturned a lower court’s rulings on an order of protection, visitation schedule, and settlement agreement.

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Mr. Levoritz advised and prepared me
for trial when my previous lawyer did not.

He took the time to read transcripts and review evidence. In just a few hours, he was more prepared than the lawyer I had. He also gave me a second opinion that put my mind at ease. After all the time he spent helping me, I offered to compensate him for his efforts, but he refused. Now I know there are still good people in this world and Mr. Levoritz is undoubtedly one of them. I cannot thank him enough.

P. Maxime

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I highly recommend Mr. Levoritz
for his exceptional guidance…

 … and support throughout my divorce process. His kindness, patience, and delicate handling of my case made a difficult experience much more manageable. He took the time to explain every step clearly, ensuring I felt informed and confident. His professionalism and empathy are truly appreciated.

H. Apter

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Extremely Happy with the services provided
by the Levoritz Law Firm in my divorce case.

 My experience with the Levoritz Law Firm was excellent. Very good communication with client, with excellent ability presenting your case. Overall,
excellent service! I am pleased with the service provided to me from the Levoritz Law firm and I will definitely recommend to Friends and Family who are looking for a great attorney.

S. Ram

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Yoni and his team were an amazing support
in a high-conflict custody battle resulting…

… from an assault during a custody exchange. Yoni ensured an order of protection was maintained for me throughout the process and guided me on the appropriate steps to take throughout the course to ultimately settle with my son’s mother with a custody stipulation that protects my son, maintains safe boundaries in place for me and my family, and dictates safe guards so that decision making for important matters is not controlled by vindictive decisions. I couldn’t recommend the Levoritz Law Firm enough.

A. Dority

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Frequently Asked Questions

At Levoritz Law Firm, we understand that navigating family law matters can feel overwhelming. To help you feel informed and confident, we’ve compiled answers to some of the most frequently asked questions about high-net-worth divorce, custody, and other family law concerns. Explore below to learn more about your options.

There’s no specific number you might expect to pay for the various fees involved when getting a NY divorce. For example, you may have to pay for notary services, photocopies, mailings, and hiring a process server. If you engage the services of a New York divorce attorney, their fees will depend on the complexity of your case and how many hours the attorney works on it. When we meet with you in our initial consultation, we can review your expected costs based on your situation.

New York is not a 50/50 divorce state for property and asset division. Instead, it is an equitable distribution state. Unlike in states that seek to divide marital property as close to half and half as possible, New York judges work to divide assets “fairly and equitably.” To do this, the judge will examine various factors, such as each spouse’s income and assets, future earning potential, contributions as a homemaker, and other factors.

If your spouse cannot be found to be served, you can petition the court for a publication divorce, where you publish a legal notice in newspapers to tell your spouse you are divorcing them.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.