Divorce Attorneys in New York City

Compassionate Family Divorce Lawyer in New York City

Have you considered filing for divorce in New York? Whether you are involved in a pending divorce proceeding or simply thinking of separating from your spouse, difficult decisions lie ahead. At Cohen Forman Barone, PC, our compassionate legal advocates care about your best interests and are committed to working with you during this challenging time to achieve your desired goals and answer all of your questions.

Let our experienced NYC divorce lawyers provide the assistance you need. We are equipped to guide you through your divorce process in a way that best suits you. With over 75 years of combined experience, our firm possesses the in-depth knowledge and insights necessary to assist clients in building a strong foundation for life after divorce.

New York's unique mix of state and local divorce laws can be complex. However, our team's familiarity with these nuances ensures that you receive comprehensive advice tailored to your specific circumstances. Whether negotiating settlement agreements or representing you in court, our attorneys strive to secure favorable outcomes, emphasizing both your immediate needs and long-term well-being.

Understanding Residency Requirements for Divorce in New York

Filing for divorce can be a difficult decision, especially when children are involved. Our NYC divorce attorneys are ready to help you navigate the next stages of your life and make this process as stress-free as possible. If you are considering divorce in New York, it is important to know that certain requirements must be met to file. Prior to filing for divorce, you must first satisfy the residency requirement.

Key Residency Criteria for Filing Divorce in New York

• Did you or your spouse continuously reside in New York State for at least two years before the start of the divorce case?
• Did you or your spouse reside in New York State for at least one year before the start of the divorce case and (1) you were married in New York State, or (2) lived as a married couple in New York State, or (3) the grounds for divorce occurred in New York State?
• Were both you and your spouse residents of New York State on the day the divorce was started, and did the grounds for your divorce occur in New York State?

The second requirement you must meet to file for a divorce is having grounds or a legally acceptable reason for the divorce. While New York is now a “no fault” state by virtue of the ground of irretrievable breakdown in the relationship:

While many assume that fault-based grounds like adultery still dominate divorce proceedings, it's essential to understand how New York's move to a no-fault model could influence your approach. In cases involving more contested issues, understanding the grounds can affect every aspect from negotiations to final judgments, making early legal consultation vital.

Legally Acceptable Grounds for Divorce in New York

• Adultery
• Abandonment
• Imprisonment
• Cruel and inhuman treatment
• Irretrievable breakdown in the relationship (minimum 6 months)
• Divorce after a legal separation agreement
• Divorce after a judgment of separation

Contested & Uncontested Divorce: What You Need to Know

Contested & uncontested divorces in New York represent two distinct approaches to dissolving a marriage. 

Contested Divorce:

• Disagreements: In a contested divorce, spouses have unresolved disputes regarding significant issues like property division, child custody, alimony, or support.
• Court Involvement: The court intervenes to resolve disputes through hearings and legal proceedings, making the process more complex and time-consuming.
• Legal Representation: Given the intricate nature of contested divorces, individuals often opt for legal counsel to navigate the complexities more effectively.

Understanding how contested divorces unfold is crucial for preparation. These cases require careful documentation, presentation of evidence, and a strategic approach to litigation. With our guidance, you can anticipate court proceedings and better understand how your rights can be protected throughout this often challenging process.

Uncontested Divorce:

• Mutual Agreement: Spouses in an uncontested divorce reach a mutual agreement on essential matters without involving the court in extensive litigation.
• Efficiency: Uncontested divorces typically progress more swiftly, offering a quicker resolution compared to contested cases.
• Simplified Process: Since there are no major disputes, the process is typically more straightforward, requiring less time and legal expenses.

Choosing between contested and uncontested divorce depends on the nature of the issues involved and the level of cooperation between spouses. While uncontested divorces offer efficiency, contested divorces may be necessary when disagreements persist. Legal guidance is beneficial to ensure the chosen approach aligns with individual circumstances and legal requirements. Our experienced New York City divorce attorney can guide you through the process. 

For trusted & experienced legal counsel regarding your divorce, contact us at (212) 577-9314. We serve clients in New York City, Long Island, & elsewhere.