Manhattan Family Law Attorney

An uncontested divorce in Manhattan typically takes three to six months from filing to final judgment, assuming you meet residency requirements and have resolved all issues. New York requires that at least one spouse live in the state continuously for one to two years before filing. A contested divorce takes six months to two years or longer, depending on how many issues are disputed and how busy the New York County Supreme Court docket is. Complex cases involving significant assets, business valuations, or difficult custody disputes can take even longer.

New York recognizes seven grounds for divorce. The most common is no-fault divorce based on irretrievable breakdown of the marriage for at least six months. Fault-based grounds include cruel and inhuman treatment, abandonment for one year or more, adultery, imprisonment for three or more consecutive years, living separate and apart pursuant to a separation agreement for one year, and living separate and apart pursuant to a judgment of separation for one year. You choose one ground when filing your divorce petition.

New York courts decide custody based on the child’s best interests. There is no presumption in favor of joint custody or either parent. Courts consider each parent’s ability to provide a stable home, the quality of each parent’s relationship with the child, any history of domestic violence or substance abuse, each parent’s mental and physical health and fitness, the child’s wishes if the child is mature enough to express a reasoned preference, and each parent’s ability to foster a relationship between the child and the other parent. The Manhattan Family Court handles custody disputes.

Child support in New York is calculated using the Child Support Standards Act (CSSA). The court applies a percentage to the combined parental income up to $183,000 (as of March 1, 2024). The percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% or more for five or more children. Each parent contributes proportionally based on their share of the combined income. The parent with less parenting time typically pays support to the parent with more parenting time. Additional expenses for medical care, childcare, and education are shared proportionally.

Legal custody is the authority to make major decisions about your child’s upbringing, including education, healthcare, and religion. Physical custody determines where the child lives. Each type of custody can be sole (one parent has authority or the child lives with one parent primarily) or joint (both parents share authority or the child lives with both parents on a schedule). Courts can award any combination, such as joint legal custody with sole physical custody.

Yes, you can modify a child support or custody order when circumstances change substantially. For child support, substantial changes include significant income increases or decreases, job loss, disability, or changes in the child’s needs. For custody, substantial changes include relocation, changes in a parent’s living situation or fitness, the child’s changing needs as they age, or evidence of harm to the child. You must file a petition with Manhattan Family Court or the court that issued the original order, explaining the changed circumstances and requesting the modification.

New York follows equitable distribution, dividing marital property fairly based on the circumstances. Marital property includes assets acquired during the marriage, such as the marital home, retirement accounts, bank accounts, investments, and business interests. Separate property (owned before marriage, inherited, or received as gifts to one spouse) typically remains with the owner. Courts consider the length of the marriage, each spouse’s income and contributions, the tax consequences of the division, and the needs of any children when dividing property.

You are not required to hire a lawyer for an uncontested divorce, but it is highly recommended. Even when you and your spouse agree on all issues, a lawyer ensures the settlement agreement protects your rights, is enforceable, and complies with New York law. Mistakes in a do-it-yourself divorce can be expensive to correct later, particularly regarding property division, retirement accounts, and tax issues. A lawyer can also ensure that child custody and support provisions meet legal requirements and serve the children’s best interests.

Family law mediation is a process where a neutral mediator helps you and your spouse negotiate agreements on custody, support, property division, and other divorce issues. Mediation is voluntary and confidential. You and your spouse control the outcome rather than leaving decisions to a judge. New York offers court-connected mediation through the NYC Family Court Matrimonial Mediation Program. Mediation tends to be faster and less expensive than litigation, but it requires that both parties can negotiate in good faith.

Yes, New York courts can award spousal maintenance (alimony). Courts consider factors including the length of the marriage, the income and property of each spouse, each spouse’s age and health, each spouse’s earning capacity, contributions to the other spouse’s career, and whether one spouse cared for children in a way that limited career opportunities. Temporary maintenance follows a formula during the divorce. Post-divorce maintenance is discretionary and based on what is fair given the circumstances. Maintenance can be modified if circumstances change substantially.

New York’s residency requirements depend on where you were married and where the grounds for divorce arose. If both spouses are New York residents when the case starts, New York generally still requires that at least one spouse has lived in New York continuously for at least one year under the residency categories that apply. If you are married in New York and either spouse is a resident, one year of continuous residency is required. If the grounds for divorce arose in New York and either spouse is a resident, one year is required. If the grounds arose in New York, you generally need either spouse to have lived in New York continuously for at least one year before filing. If no 1-year category applies, New York’s fallback is two years of continuous residency by either spouse.

Bring financial documents, including recent tax returns, pay stubs, bank statements, investment account statements, retirement account statements, mortgage statements, and credit card statements. Bring your marriage certificate and any prenuptial agreement. If you have children, bring birth certificates and information about childcare and educational expenses. Prepare a list of marital assets and debts. Write down questions and concerns you want to discuss. This information helps your attorney understand your situation and provide tailored advice.

Richard Roman Shum is a lifelong New Yorker with deep roots in Manhattan. His Lower East Side office is convenient to Manhattan Family Court and New York County Supreme Court. As a father, he understands the personal stakes in family law matters. He brings a calm, strategic approach to cases, guiding clients step-by-step through the legal process. The Law Office of Richard Roman Shum operates as a texting firm for quick attorney communication. We offer free consultations and evening and weekend appointments for your convenience.

New York County Supreme Court at 60 Centre Street handles divorce cases and related financial matters, including property division and spousal maintenance. Manhattan Family Court at 60 Lafayette Street handles child custody, visitation, child support, paternity, and orders of protection. If custody and support issues arise during a divorce, the Supreme Court can handle those matters as part of the divorce case. The Appellate Division, First Department handles appeals from both courts.