Manhattan Divorce Attorney

What to Do When Pursuing a Divorce in New York

If you think a divorce may be in your imminent future or are debating whether or not to file for divorce, you should immediately seek professional legal guidance. We urge you to contact our Manhattan divorce attorneys and set an initial consultation. In this meeting, we will get to know you and familiarize ourselves with all aspects of your case. Our team will answer your questions and address any immediate concerns you may have. 

Our New York City divorce attorneys will ask you to consider the following questions:

• What type of divorce is best for your situation? Two types of divorce are available. In an uncontested divorce, you and your ex-spouse will come to an agreement on all elements of the separation. This means you must agree on how property and debt will be divided, the extent of spousal and/or child support, and how child custody and visitation will work. Most family law judges will accept an uncontested divorce settlement if they believe it to be fair to both parties. If you cannot reach an agreement with your spouse on any element of the separation, you will likely need to file for a contested divorce. Judges will generally encourage divorcing couples to try and work out their differences, but if a compromise cannot be negotiated, the judge will decide any disputes for you. Our Manhattan divorce lawyers will weigh all factors that apply to your case and carefully explain the next steps of either approach.
• Do you have grounds for divorce? As of 2021, New York honors several grounds for divorce. These include abandonment, imprisonment, adultery, separation agreement, and judgment of separation. You can also file for divorce on the grounds that your marital relationship has irretrievably deteriorated, and you are therefore no longer a good match for one another. The grounds for divorce will influence decisions involving spousal support and child custody, so it is important to carefully consider all of your options. Our Manhattan divorce attorneys will review your situation and advise how best to move forward.
• What assets are subject to equitable distribution? In a contested divorce, all “marital property” – assets acquired over the course of the marriage – will be divided equitably. This does not necessarily mean a judge will evenly split marital property, as they will consider numerous factors when attempting to decide a fair outcome. You will get to keep “separate property,” including any assets obtained before the marriage began, after the marriage ended, as part of a personal injury compensation award, or as part of an inheritance or lifetime gift. In some cases, the commingling of assets can result in separate property irreversibly becoming marital property. You must understand what types of assets will be safe from equitable distribution and which ownership rights will be up for debate.
• Did you sign a prenuptial or postnuptial agreement? Prenuptial agreements are legal contracts that are entered into before a couple gets married. (Postnuptial agreements are a type of prenuptial agreement that is entered after the marriage concludes.) A “prenup” discloses each spouse’s financial circumstances and decides what will happen to assets should the couple ever get divorced. They may also include other enforceable provisions. Prenuptial and postnuptial agreements must be carefully drafted in order to be enforceable in New York, and these contracts generally cannot touch matters of child custody or support. If you signed one of these agreements, we can review the contract’s language, determine whether or not it is likely to be enforceable, and advise how the document’s provisions may impact your divorce.
• Do you believe your spouse may be concealing assets? According to the National Endowment for Financial Education, 58% of spouses hide cash from their partners. There is consequently a decent chance that your ex-spouse may be attempting to conceal assets, especially if they are anticipating divorce proceedings. We hire forensic experts to document and retrieve hidden assets. It is also important to note that a prenuptial or postnuptial agreement may not be enforceable if your ex-spouse failed to accurately disclose the full extent of their holdings.
• Are you prepared for the common outcomes of divorce proceedings? Regardless of how your case is decided, a divorce will trigger automatic effects. In New York, for example, a divorce will revoke any provisions in your last will and testament that benefit your ex-spouse. Life insurance, retirement insurance, and pensions will all sever ties with the divorced party. Our Manhattan divorce lawyers will walk you through possible impacts and help you take proactive steps to address them.