New York City
Divorce Lawyer
NYC Divorce Attorney
Ending a marriage can be a difficult situation, both emotionally and financially, especially without reliable legal representation. If you plan to end your marriage or if your spouse has served you with a divorce petition, a New York City divorce lawyer can be an invaluable asset. A skilled family law attorney can help you determine the strongest options for handling the situation and reaching a favorable outcome in your divorce proceedings, while advocating on your behalf.
Trust the Law Offices of Robert Tsigler, PLLC
When going through a serious change with far-reaching legal implications, such as a divorce, you need reliable legal representation on your side. At the Law Offices of Robert Tsigler, PLLC, we have the knowledge and experience it takes to support you, no matter how complex your divorce case may be.
When you choose the Law Offices of Robert Tsigler, PLLC, to represent you in your divorce, you get the strength of a high-powered, full-service law firm behind you. Our attorneys have been honored with placement on the Top 100 Trial Lawyers list, the Super Lawyers list, and the 10 Best by State list from the American Institute. * We have also been featured in publications such as HuffPost, USA Today, and Bloomberg, among others.
With our firm, you’ll have access to legal advice at any time of the day or night. We pride ourselves on being available to our clients and providing support at every turn, as our clients need it.
Divorce Case Results
High-Asset Business Division
Secured a multi-million-dollar settlement for a business owner, ensuring full operational control and limited debt exposure.
Asset & Debt Resolution
Exposed inconsistent financial disclosures to increase the client’s asset distribution and substantially reduce assumed liabilities.
Mediated Settlement
Resolved high-conflict financial and parenting disputes through comprehensive mediation, successfully avoiding a costly trial.
Why Do I Need to Hire a Divorce Lawyer in New York City?
Technically, it is possible to complete a divorce in New York City without the help of an attorney, but that does not mean it is a good idea to go that route.
You might believe you can handle your divorce proceedings without legal counsel, especially if you and your soon-to-be ex-spouse are on relatively civil terms. While it is possible to negotiate the terms of your divorce privately with your spouse, hiring a family law attorney in New York is an investment in peace of mind and an extra layer of security protecting your interests in divorce proceedings.
How a Lawyer Can Help
Your New York City divorce attorney can provide valuable legal guidance, handle your administrative obligations, and help you explore alternative dispute resolution if possible. If you hire a divorce lawyer, you will have an experienced legal advocate who can verify that your proceedings are moving in a positive direction.
Divorce is rarely an easy experience. Some divorce cases will move beyond the point where negotiation is possible and escalate to litigation. If you must litigate your divorce in New York City family court, it’s wise to assume that your spouse will hire their own legal counsel. You should do the same. Your attorney can help you prepare for the proceedings to follow and meet all of the court’s procedural requirements so your divorce can proceed smoothly.
Understanding the Types of Divorce in New York City
Divorce is a fairly common legal procedure in modern society. The Centers for Disease Control publish divorce rates for each state in the country. According to the most recent complete data, which covers the year 2023, the divorce rate for the state of New York was 2.4 per 1,000 residents. In New York City, there are several different divorce actions that a person can file. The most common classifications of divorce are:
Uncontested divorce. This kind of divorce happens when there is total agreement from both parties on the terms of the divorce, including the division of property, custody of children, and alimony. Uncontested divorces are typically faster and less expensive than other types of divorce.
Contested divorce. This occurs when the parties do not agree on one or more terms of the divorce. This type of divorce can be more complicated and may require court hearings and mediation.
No-fault divorce. This happens when a party files for divorce on the grounds that the marriage has irretrievably broken down and that there is no chance of reconciliation. No-fault divorce is the most common type of divorce in New York City, and it can be either uncontested or contested.
Fault-based divorce. This occurs when a party files for divorce based on one of the seven statutory grounds of fault, such as adultery, abandonment, cruelty, or imprisonment. This type of divorce is less common than no-fault divorce, and it can also be either contested or uncontested.
Summary divorce. This type of divorce is available to couples who have been married for fewer than 10 years, have no children, and have minimal assets and debts. Summary divorce is less formal than other types of divorce. It can also be finalized relatively quickly.
The kind of divorce you file, and whether it is contested or uncontested, factors heavily into how the process looks and the amount of time it might take to finalize your divorce.
Divorce Process and Timeline in New York City
The divorce process begins when a married person files a divorce petition with the New York City family court. The court then sends a process server to formally deliver the divorce petition to the other spouse, providing them the opportunity to respond.
If the other spouse does not respond, refuses to respond, or cannot be found, it could change the process. A New York City family court judge may grant a summary judgment in favor of the petitioner, granting the divorce without the unresponsive spouse having any say in the proceedings to follow.
What Is Divorce Mediation?
You do not need to end your marriage with a bitter court battle if you and your spouse are willing to negotiate. Mediation is one of the most popular alternative dispute resolution methods for New York City divorces. This process requires the assistance of a neutral third-party mediator, typically an experienced family law attorney who does not have any conflicts of interest favoring either of the divorcing spouses.
This mediator acts as an overseer to the divorcing couple’s private negotiations. Their job is to keep the conversation focused and answer the couple’s legal questions as they arise. The divorcing spouses may bring their respective legal representatives to some or all of their mediation sessions. Having an experienced lawyer to assist in the mediation process can make things smoother for everyone.
The Point of Mediation
The goal of mediation is for the two spouses to negotiate their divorce privately. Once they have reached a mutually agreeable set of terms, the mediator will verify that the proposed divorce agreement is legally sound. The spouses’ attorneys may also review the drafted proposal as one final check in the interest of fairness and to protect their clients.
The mediated divorce agreement then passes to an NYC family court judge for final approval. Mediation only requires as many sessions as the divorcing couple needs to negotiate all the factors of their divorce, including property division, debt division, and a parenting and support plan if the couple has children.
Mediation is a great option for couples who can discuss their divorce amicably and work out an agreement without a significant amount of conflict. In addition to the potential benefit of expediting the entire divorce process, mediation is also beneficial because it can save a divorcing couple a lot of money. Courtroom proceedings are expensive, both in court fees and attorney fees, so coming to an agreement through mediation can save both headaches and financial stress.
Determining Child Support After a Divorce
The issue of child support following a divorce is often a contentious one, especially if there has been conflict regarding custody of the children, as well. It is important for divorcing spouses to remember that the priority in any child custody or child support case should be the well-being of the child in question, regardless of how the parents may feel about each other.
In New York, during a divorce, the court will consider the best interests of the child when determining child support. The court will use the Child Support Standards Act (CSSA) guidelines to calculate the basic child support amount. These guidelines are based on the income of both parents and the number of children.
The court will also consider other factors when determining child support, such as:
The needs of the child. The court will consider the child’s needs, including their educational, medical, and other expenses.
The standard of living of the child. The court will consider the standard of living the child would have enjoyed if the divorce had not occurred.
The income and earning capacity of both parents. The court will consider the income and earning capacity of both parents, including wages, salaries, tips, bonuses, and other forms of income.
The custodial arrangement. The court will consider the child custody arrangement when determining child support. This includes the amount of time the child spends with each parent.
FAQs About NYC Divorce Laws
How Much Does a New York City Divorce Lawyer Cost?
The cost of a divorce lawyer in New York can vary widely depending on factors such as the lawyer’s experience and location, the complexity of the case, and the length of the divorce proceedings. It is highly recommended to work with a divorce lawyer who is transparent about their fees up front. This allows you to budget for your attorney and maintain consistent representation for the duration of your case.
What Is a Wife Entitled to in a Divorce in New York?
In New York, during a divorce, both parties are typically entitled to an equitable distribution of the marital property. This includes assets and debts acquired during the marriage. Additionally, both spouses may be entitled to maintenance (also known as alimony) if the court finds that one spouse cannot support themselves after the divorce.
Do I Really Need a Lawyer for an Uncontested Divorce in New York City?
Technically, no, but usually yes. Even “simple” New York City divorces involve complex legal documents and filing requirements. DIY divorces can come back with problems years later, such as property not properly transferred, pension rights disputes, or tax issues. Even if you and your spouse agree on everything, having a lawyer review your settlement saves headaches down the road.
Can My Spouse Hide Assets During Our New York City Divorce?
They can try, but a good lawyer makes it difficult. Attorneys have discovery processes to uncover hidden assets, including subpoenas for financial records, depositions under oath, and forensic accountants if needed. New York’s equitable distribution laws require full financial disclosure. Hiding assets is actually contempt of court and can result in penalties. Your lawyer should be thorough in tracking down everything from bank accounts to cryptocurrency.
What Should You Not Say During a Child Custody Hearing?
If you are involved in a custody battle, it is important to prioritize the well-being of your child above your personal feelings regarding your ex-spouse. There are many things a parent should not say during a child custody hearing, but a general rule is that you should not attack the child’s other parent in any way. If you have concerns about your child’s safety or well-being in your ex-spouse’s care, you should express those, but check your personal emotions at the door.
Hire a Legal Advocate for Your New York City Divorce
Whether you think mediation is a possibility for your divorce or you’re certain you will need to litigate, the right New York City divorce lawyer on your side can make a significant difference in the outcome of your divorce proceedings. Your attorney will help you determine an effective approach to the complex questions involved in your divorce, such as property division, child custody, alimony, and protective orders, if necessary.
At the Law Offices of Robert Tsigler, PLLC, we can provide the comprehensive divorce representation you need to confidently navigate your divorce proceedings. Contact us today to schedule a consultation with an experienced and reliable New York City divorce attorney.
*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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