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Supporting New Yorkers Going Through Divorce

Divorce can feel painful, no matter what walk of life you come from. It can also come with emotional and financial implications if handled improperly. That’s why working with family law attorneys who understand your situation and can help you prepare effectively is so important.

Our attorneys at Fersch LLC can help New Yorkers like you navigate the divorce process. We understand how difficult of a time this can be, and we’re here to help you advocate for your best interests and make strategic decisions to help you pursue those interests. We pride ourselves on ensuring you’re prepared to handle any challenges you may confront during the process.

How We Help Clients Handle Divorce

Our lawyers can help you manage things like:

  • Legal separation: We offer legal counsel for spouses who wish to separate but may not be ready for a complete divorce.
  • Property division: We help spouses determine what and how marital property gets split. We can also help them understand how New York’s equitable distribution laws apply to their divorce.
  • High-asset divorces: A high net worth can complicate a divorce. Our attorneys have experience handling these complex assets and can provide knowledgeable guidance on how high-asset couples can handle their divorce efficiently and effectively.
  • Prenups and marital agreements: Spouses may sign a prenup before getting married. We can help facilitate these agreements to help spouses ensure their agreement is mutually beneficial. We can also help with prenup modifications during the marriage and interpret them if spouses decide to divorce.
  • Domestic violence: Whether a spouse is trying to protect themselves from or is accused of domestic violence, our attorneys can help advocate for their best interests and help them sort out these disputes.

Learn more about our extensive knowledge in these practice areas by clicking the links to visit their individual pages.

New York Divorce FAQs

These are a few we hear often from our clients:

Can I Represent Myself During Divorce?

While you can legally represent yourself during a divorce in New York, it’s not recommended. Like many other states, New York has stringent requirements and deadlines for submitting divorce paperwork. Failing to complete it correctly or on time could reduce your chances of seeking your desired outcomes. Our attorneys have handled numerous divorces and can help ensure you meet and file your paperwork accurately and timely. We can also help you create a compelling case that advances your needs and interests, whether you’re engaged in a contested or uncontested divorce.

How Does Property Division Work In New York?

As New York is an equitable distribution state, courts often divide marital property regarding what a judge believes to be fair based on both spouses’ situations. This means that what is a fair division may not be an equal division.

Different assets are divided differently by the court. For example, business assets tend to be more favorably divided to the individual who works in the business. Other assets such as bank accounts or retirement assets may be divided equally. Separate property, inheritance by example, is not divided but remains separate property not divisible in a divorce. Speak with an attorney to learn more about how New York’s marital property laws apply to your situation.

Does New York Have Joint Custody?

In New York, joint custody is typically granted if a judge believes that sharing either physical custody and/or legal custody of their child is within the child’s best interests.

What Makes Someone Eligible For Spousal Support In New York?

Someone is eligible for spousal support if they require assistance maintaining their lifestyle after the divorce. The amount of spousal support one receives is determined by the standard of living maintained during the marriage, not by their inability to support themselves. This is calculated using a formula established by law. Even if you are working, you may still be eligible for temporary spousal support during divorce proceedings and afterward. As of January 1, 2018, spousal support is not considered taxable income for the recipient spouse.

Are New York Divorces Public Record?

New York places a priority on providing parties with the privacy they need during a divorce. Divorce judgements and associated papers are never publicized, and no one other that the parties and their attorneys are permitted to access them. All divorce records are then stay sealed for 99 years.

What Documents Do I Need To Prepare For My Divorce?

Whether you or your spouse is the one filing the papers, make sure you have documents that show the following:

  • Marriage certificate
  • Life insurance policies
  • Employer paystubs
  • Business expenses (if either you or your spouse have income from self-employment)
  • State and federal tax returns
  • Mortgage payments
  • Real estate investments
  • Stock portfolios
  • Retirement accounts
  • Marital debts
  • Joint bank accounts
  • The net worth of you and your spouse

Some documents you may need may depend on you and your spouse’s circumstances. Learn more about what you need by speaking with one of our attorneys.

How Long Does The Divorce Process Take?

How long it takes to complete the divorce can depend on several circumstances. For some couples, the process may take only a few months if there are not significant disagreements and both parties are willing to cooperate with each other. For others, it can take up to six months to longer than a year in other cases.

Can I Get Divorced Without Going To Court?

Yes, going through a divorce without going to court is possible. However, no couple experiences divorce in the same way. For example, you and your spouse may choose to engage in an uncontested divorce and can navigate property division and other matters civilly but have significant disagreements when establishing a child custody plan. If you and your spouse can’t agree on those matters, your divorce could become contested, meaning you will likely have to take your case before a judge.

Speak With A Knowledgeable NYC Divorce Lawyer Today

Divorce can be challenging for almost anyone. However, when you have the right legal team, you can strategically and effectively move through the process and increase your chances of achieving the goals you want out of your divorce. Call 212-422-2660 or complete our contact form to schedule your initial consultation today.