Divorce

At New York Family Law Group, Martin Mohr and Ethan Steward specialize in a holistic approach to divorce, assisting clients as they manage stress, finances, and co-parenting during divorce proceedings. We can help you and your spouse work toward an amicable resolution that’s in the best interest of your children. Contact us now to schedule a consultation, and get help from our New York divorce lawyers right away.

What Is A No-Fault Divorce?

The grounds of “irretrievable breakdown” are also known as “no-fault” divorce. To use this ground for divorce, the spouses must have had a breakdown in their relationship for at least 6 months.

In addition, all economic issues including debt, division of marital property, child support and custody, and spousal maintenance must have been settled by the spouses.

What Are The Requirements For Getting A Divorce In New York?

To get a divorce in New York State, you must meet the residency requirement, meaning:

  • You or your spouse has been living in New York continuously for at least 2 years before the divorce
  • You or your spouse has been living in New York for at least 1 year and (1) you got married in New York, (2) you lived in New York as a married couple, or (3) the grounds for your divorce happened in New York
  • Both you and your spouse are residents of New York on the day the divorce starts, and the grounds for divorce happened in New York 

You also must meet one or more of the seven grounds for divorce in New York, meaning you have a legally acceptable reason for the divorce to occur.

What Are The Grounds For Divorce In New York?

There are seven grounds for divorce in New York, as follows:

  1. Irretrievable breakdown or “no fault” for at least 6 months
  2. Cruel and inhuman treatment, such as abuse or domestic violence, within the past 5 years
  3. Abandonment or “constructive” abandonment of a spouse for 1 year or more
  4. Imprisonment for 3 years or more. This ground can be used while the spouse is in prison, or up to 5 years after their release
  5. Adultery, with proof that adultery occurred during the marriage
  6. Divorce after a legal separation agreement, where an agreement is signed and the spouses live apart for 1 year
  7. Divorce after a judgment of separation, a rarely used ground where the Supreme Court creates a “judgment of separation” and the couple live apart for 1 year

Will I Need To Go To Court To Get Divorced?

Not always. In fact, it’s common to settle uncontested divorce proceedings out of court. When this happens, both spouses agree to terms of divorce, usually with the help of divorce lawyers. Then, this agreement is presented to the court. If the court approves the agreement, the divorce will be finalized. 

However, if you or your spouse disagree on any particular part of the divorce and cannot come to an agreement out of court, this is known as a “contested divorce,” and must be settled in court.

How Is Property Divided In New York? Marital Vs. Separate Property 

New York is an “equitable property” state. This means that marital property will be divided “equitably,” though not necessarily in a 50/50 split. The court will take into account the age of both spouses, earning potential, health, and other factors to determine the division of marital property.

Marital property is any kind of property acquired during the marriage, regardless of who earned it or whose name it’s held under. This is divided during a divorce.

However, separate property is not divided. This consists of property and assets acquired before marriage, as well as certain types of property like gifts and inheritances. These assets are not divided between the divorcing couple. 

Get Help With Divorce Proceedings In New York – Contact New York Family Law Group

Whether you are interested in settling an uncontested divorce out-of-court with your spouse, or you are involved in a contested divorce and need lawyers to represent your best interests, attorneys Martin Mohr and Ethan Steward are here to help. 

At New York Family Law Group, our New York divorce attorneys will support you and guide you throughout the divorce process, and work toward the best possible outcome so that you can move forward with your life. Contact us now to schedule a consultation today.

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Testimonials

"My experience with my Attorney Mr. Mohr was EXTREMELY WONDERFUL.  He is an excellent Attorney to hire for Family Court Cases. I hired him one year ago & currently still have him as my Attorney on my Family Court cases here in the Bronx, New York.  Mr. Mohr & his Law Firm are very Understanding  & Respectful. Thank you Mr. Mohr for continuing to help me with my legal case. I APPRECIATE it!!"

Former clienT

"Anyone who is need of legal help should come here first! Martin is a professional and is responsive. He gives all the information you need to put you in a better head space when it comes to making a legal decision.  A session with him is in your best interest if you need help and have questions regarding your legal matter.  I will contact him again if I'm ever in need of his services. Much appreciated sir Thank you!!"

Emmanuel Grant| Former Client

"Attorney Steward listened to my story and strongly represented my interests. He was courteous and responsive during the interactions and explained my choices to me in an understandable way, making sense of a very confusing system. He was able to prevail and achieve the outcome I needed, using his legal knowledge and communication skills. I cannot say enough about how he assisted me."

Suzanne | Former Client

"I would definitely recommend Mr. Mohr as an attorney he takes his time to overlook and view the case and also does his BEST. I’m very happy with the service I received from Mr. Mohr and his law firm."

Francisco G.| Former Client

"[Ethan] was very attentive and fought for everything I wanted kept me informed all the time and made me feel like I was family."

Uton | Former clienT

"Once Ethan got to analyzing my case, he was surgical. He broke down for me what I could expect in a very forthright, organized, and easy-to-understand manner. Then he went out and aggressively fought for me, getting better results than I expected. Finally, as he'll tell you over and over, his word means a great deal to him. It's important for me to be able to trust my lawyer, so his honesty throughout my cases really meant a lot to me."

Former clienT
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