Divorce Attorneys in New York City

Offering 20+ Years of Compassionate Divorce Advocacy in New York State

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

Let our experienced NYC divorce lawyers give you the help you need. We are equipped to guide you through your divorce in a manner that is best for you. With over 75 years of combined experience, our firm has the in-depth knowledge and insights necessary to assist our clients with building a strong foundation for life after divorce.

Filing for Divorce in New York State? Check Your Residency Eligibility

We understand that 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 can help make this process as stress-free as possible. If you are considering divorce in New York, it is important to know that there are a couple of requirements that must be met in order to file for a divorce in New York. Prior to filing for a divorce, you must first meet the residency requirement.

To meet the residency requirement, you must answer yes to one of the following:

• 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 continuously 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) you lived as a married couple in New York State, or (3) the grounds for your 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 in order to file for a divorce is having grounds or a legally acceptable reason for the divorce. Though New York is now a “no fault” state by virtue of the ground of irretrievable breakdown in the relationship:

Valid reasons for divorce in New York include: 

• 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 vs Uncontested Divorce in NY

Contested and uncontested divorces in New York represent two distinct approaches to the dissolution of a marriage. Here's an overview of both:

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.

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