Why do I need a lawyer if my divorce is uncontested?

If you and your spouse are relatively amicable and have no disputes regarding any of the terms of your divorce, you may not need an attorney to file an uncontested divorce. However, it is still a good idea to get some legal guidance as to the filing process, because divorce and divorce law in New York can be complicated.

How much does a divorce cost?

For uncontested divorce, the fee to get an index number (case number) is $210. There are also other court fees involved; with the index number and other fees, the total can add up to a minimum of $335.

Is New York a 50/50 divorce state?

New York is not a 50/50 divorce state for property and asset division. Rather, it is an equitable distribution state. Unlike in states that seek to divide marital property as close to half and half as possible, judges in New York work to divide assets “fairly and equitably.”

Who gets the family house in a New York divorce?

Like other marital property, the house will be part of the equitable distribution decision. Depending on the circumstances, and especially if there are children involved, the judge might award the spouse who has main physical custody of the children the house and give the alternate spouse other assets and property. Sometimes one spouse may buy the other out of the house. Or it may be sold as part of marital property and the monies divided.

How long will a divorce take in New York?

If the divorce is uncontested, finalizing it could take just weeks. Contested and contentious divorces that involve disputes over property division, child custody, alimony, and other terms can take months or even longer.

What if my spouse cannot be found to be served papers?

If your spouse is hiding from being served or is otherwise unavailable, you can petition the court to do a publication divorce. In a publication divorce you publish a legal notice in newspapers to tell your spouse you are divorcing them.

What court handles divorce cases in New York?

The Supreme Court of the State of New York handles all divorce cases in the state. Divorce-related matters of child support and child custody and visitation are decided in Family Court.

Manhattan, NY Divorce Lawyer | NYC Divorce Attorneys

Manhattan Divorce Lawyer

Safeguarding Your Rights and Interests

Divorce is difficult, both financially and emotionally; but with competent legal representation you can trust to look out for your rights and interests, the emotional stress and financial anxiety can be reduced. When your marriage is breaking up, a Manhattan divorce lawyer from The Levoritz Law Firm will put their specialized knowledge to work toward getting you the best possible outcome for your situation. We will stand beside you, delivering effective guidance during every step in the process.

There are a lot of decisions to be made during divorce such as property division, how the children will be cared for, whether spousal support will be paid, and more. Sometimes couples are able to agree on all the terms of their divorce, which can make the process less contentious and more efficient. However, when conflicts arise over any of the terms, or if one of the spouses doesn’t want the divorce, the court will often have to decide the issues involved. Our law firm advocates for the rights and interests of our clients in both contested and uncontested divorce cases. Don’t hesitate to contact our Manhattan law office when you need sound legal assistance from a committed divorce lawyer.

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Why Choose Our Firm When You Need a Divorce Attorney?

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We know people have choices in New York when looking for divorce attorneys. We also know that clients who choose our divorce law firm are consistently satisfied with the representation and legal services they receive. We know this because they tell us so. “Diligent,” “thorough,” “fight hard for what you deserve,” “will go to any length for the benefit of clients,” “excellent command of the law,” “brilliant, aggressive, and caring,” “highly recommend.” These comments are just a sampling of the positive feedback we have received from clients in Manhattan and throughout the boroughs. When we handle your case, our hardworking Manhattan divorce attorneys will give you the same high-quality and attentive service that our firm has a reputation for providing.

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When you choose The Levoritz Law Firm for your divorce, you can rely on skillful representation and efficient service.

STRATEGIC LEGAL ADVISORS

Our founder, Yonatan ‘Yoni’ Levoritz, has frequently been recognized for his leadership and achievements in the area of divorce law. In 2008, just three years after starting the firm, he was named by Strathmore’s Who’s Who as Professional of the Year in Matrimonial Law. At the time, he was the youngest attorney to ever receive this honor. Our entire selectively chosen team of attorneys has the same commitment to delivering outstanding service as Yoni does. When you choose us to represent you in your divorce, you can count on us to deliver strategic guidance that is tailored to your unique situation. You are never just another case number when you trust us to handle your divorce.

FULL-SERVICE DIVORCE FIRM

At The Levoritz Law Firm, we can deliver the full range of legal support to help you, no matter how your divorce may proceed. We will work to negotiate terms in your interests, advocate for you should your case go to mediation to resolve divorce-related disputes, and litigate zealously on your behalf if your case goes to trial. Whatever type of divorce-related representation your case requires, our knowledgeable and compassionate Manhattan divorce attorneys are here to provide it. Our firm takes on complex fraudulent conveyance and constructive trust cases for property division issues. We also represent clients in breach of contract and contract litigation cases when child support, child custody and visitation, and spousal support agreements are broken. Whatever assistance you may need, reach out to us today.

How Our Manhattan Divorce Law Firm Will Help You

When we take on your sensitive divorce case, we will work to get to know you. We want to understand your family situation, your needs, your goals for the future, and your fears about the present situation. In our initial consultation with you, we will listen to you closely and carefully as you explain why you’re seeking divorce. We will ask questions designed to get all the information we need to provide the most strategic and beneficial guidance in your case. Some of the things we will want to understand include:

How well you and your spouse get along
What the issues are in your marriage
Your financial situation and that of your spouse
Whether you have children, and their ages
And more…

If you are the spouse filing for divorce, we will take care of the paperwork and filing process, including having your spouse served. Even if your divorce is uncontested, the process can still be confusing. Our New York divorce attorneys have a clear understanding of all the steps involved to help ensure that issues don’t arise resulting in your divorce taking a more contentious turn.

In contested divorces, we will act assertively in your interests when it comes to the terms of the divorce. Our law firm serves clients in all areas of divorce-related disputes. To learn more specific details about how we can help you in child custody and child support disagreements, with alimony concerns and property division disputes, or if yours is a high-net-worth divorce, click on the following links:

We provide comprehensive services in all areas of divorce and family law. Yoni, our firm’s founder is also a successful appellate litigator in family law cases, with a significant practice in appellate law. Contact our Manhattan divorce law firm today to schedule a consultation so we can learn how we can help you.

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Basics of Filing for Divorce in New York

WE WILL GUIDE YOU THROUGHOUT THE PROCESS

To file for divorce in New York, you must have a ground for filing. 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. You will have to state that your marriage has been irretrievably broken for at least six months. The terms of the divorce will also have to be settled in order to 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 own 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, which is called 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.

Another ground for divorce is that you have been legally separated for at least a year.

Once we learn the details of your case, we can help you determine the ground to file on that will be most beneficial to your situation. If you are divorcing on fault-based grounds, we will advise you about the type of evidence you’ll need to show the court to be successful in establishing that your spouse caused the breakup.

Our Manhattan Divorce Lawyer Answers Frequently Asked Questions

Following are answers to some common divorce questions. For questions and concerns related to your unique situation, contact our Manhattan law firm at (718) 942-4004 or through our online form to arrange a consultation.

Why do I need a lawyer if my divorce is uncontested?

If you and your spouse are relatively amicable and have no disputes regarding any of the terms of your divorce, you may not need an attorney to file an uncontested divorce. However, it is still a good idea to get some legal guidance as to the filing process, because divorce and divorce law in New York can be complicated. Also, in some cases, divorces that start out amicably can turn contentious because of the strong emotions involved in ending marriage. A divorce lawyer can advocate for you throughout the filing and negotiations process to help ensure your interests are protected.
How much does a divorce cost? How much does a Manhattan divorce lawyer cost?

For uncontested divorce, the fee to get an index number (case number) is $210. There are also other court fees involved; with the index number and other fees, the total can add up to a minimum of $335. Additionally, you will also have to pay for items such as notary services, photocopies, mailings and hiring a process server. If you engage the services of a New York divorce attorney, how much the attorney will cost depends on the complexity of your case and how many hours the attorney works on it. Contested divorce cases typically take much longer and can cost into the thousands of dollars. When we meet with you in our initial consultation, we can more closely describe the costs involved based on your personal situation.
Is New York a 50/50 divorce state?

New York is not a 50/50 divorce state for property and asset division. Rather, it is an equitable distribution state. Unlike in states that seek to divide marital property as close to half and half as possible, judges in New York work to divide assets “fairly and equitably.” To do this, the judge will examine a variety of factors in weighing what each spouse will receive. The judge will look at things such as the length of the marriage, the income and assets of each spouse, each spouse’s future earning potential, contributions as a homemaker, whether one spouse supported the other in continuing education, and other factors. Note that only marital property is divided in this way. Property and assets that spouses had before they married are generally considered separate property.
Also, like marital property, judges divide debts based on equitable distribution factors. Debts that one spouse had before the marriage will typically be separate debt not subject to division.
Who gets the family house in a New York divorce?

Like other marital property, the house will be part of the equitable distribution decision. Depending on the circumstances, and especially if there are children involved, the judge might award the spouse who has main physical custody of the children the house and give the alternate spouse other assets and property. Sometimes one spouse may buy the other out of the house. Or it may be sold as part of marital property and the monies divided.
How long will a divorce take in New York?

If the divorce is uncontested, finalizing it could take just weeks. Contested and contentious divorces that involve disputes over property division, child custody, alimony, and other terms can take months or even longer. High-net-worth divorce cases that involve a lot of complicated and intertwined property and assets, can sometimes take years to be finalized. It all depends on the elements of your case. Our New York divorce lawyers can help you better understand how long your divorce might take.
What if my spouse cannot be found to be served papers?

If your spouse is hiding from being served or is otherwise unavailable, you can petition the court to do a publication divorce. In a publication divorce you publish a legal notice in newspapers to tell your spouse you are divorcing them.
What court handles divorce cases in New York?

The Supreme Court of the State of New York handles all divorce cases in the state. Divorce-related matters of child support and child custody and visitation are decided in Family Court. Every divorce case is unique. Once we learn about your specific case, we will provide guidance that is strategically tailored to your individual needs and situation. Divorce can be an arduous and stressful process. Getting to the end can sometimes seem out of reach. But with skillful legal assistance, the path to finalization can be made less bumpy. We will work hard to help you get there by bringing our considerable resources to bear in your case. As divorce attorneys, we view our clients’ problems as our own and work steadfastly to resolve them. We will fight for your interests until the judge has signed the Judgment of Divorce and you are holding the Certificate of Dissolution of Marriage in your hand. Our divorce law firm will be with you all the way as you take the life-changing step of divorce and move forward into a fresh future.

Frequently Asked Questions(FAQ)

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ZEALOUS LITIGATORS

We know that going to trial in a divorce is very difficult on clients and their families. This can be intensified when there are children involved. Our New York divorce lawyers want clients to experience the least amount of stress and disruption to their family lives as possible. We will work hard to negotiate with your spouse and their attorney to get satisfactory results for you and your children. But when that cannot be achieved and trial is the only way to get you the results you need in your divorce case, we will fight hard for you in court. While we fight hard against legal opponents, we are always ethical, courteous, and respectful to them and to everyone we encounter during our clients’ cases.

COMPASSIONATE COUNSELORS

Since 2005, The Levoritz Law Firm has successfully helped clients navigate difficult and complex divorces and go on with their lives. Our holistic and client-centered approach to divorce cases means that we put our clients and their needs first.

We don’t practice matrimonial law in order to collect accolades and count our successes. We do it to help real people who have real and difficult legal issues get past their problems and move on to the next chapter in their lives. You can rely on us to work with you compassionately and with understanding of the anxiety and stress you are under.

COMMUNICATIVE ADVISORS

When we take your case, we will thoroughly explain what you can expect during the divorce proceedings. And we’ll keep you closely informed through every step, so you don’t face any unpleasant surprises. If you have questions or concerns, we will take the time to clearly address them, so you aren’t left feeling confused.

Take the first step toward getting informed help by speaking with a Manhattan divorce attorney from our firm. We are here to help resolve your legal problem. Reach out to us at (718) 942-4004 today.