We are here to help. Get in touch for a confidential, no-cost consultation with Ryan Besinque today.
New York City Divorce Lawyer
We are here to help. Get in touch for a confidential, no-cost consultation with Ryan Besinque today.
While few of us go into marriage anticipating the end of it, the data tells us that nearly half of all marriages end in divorce or separation. Divorce can deeply affect families, even in cases where both parties part on amicable terms. The process often brings a wave of emotional and financial strain, particularly when children are involved.
As tensions rise, communication may falter, and negotiations can become increasingly difficult. What unfolds during these moments often shapes important aspects of your future, including your relationship with your children, your financial stability, and your peace of mind. Having a capable legal advocate beside you is not only helpful; it can be a source of clarity and reassurance.
At The Law Office of Ryan Besinque, New York City divorce lawyer Ryan Besinque has guided families through contested and uncontested divorces in New York City for over 13 years. Our Manhattan family law attorney understands the specific procedures at the New York County Supreme Court and works to protect your interests at every stage.
This guide covers the grounds for divorce in New York, the difference between contested and uncontested proceedings, how property is divided, what to expect for spousal support and child custody, and how to get started. Call The Law Office of Ryan Besinque at (929) 251-4477 for a free consultation.
New York recognizes both no-fault and fault-based grounds for divorce under Domestic Relations Law (DRL) § 170, and each path comes with different requirements and timelines.
The most commonly used ground is no-fault, which requires only that one spouse state under oath that the marriage has broken down irretrievably for at least six months. New York became the last state in the nation to adopt no-fault divorce when it amended the statute in 2010.
The seven grounds recognized under New York law are:
Because fault-based grounds require evidence and can be difficult to prove, most Manhattan divorce filings today proceed under the no-fault provision. This allows both parties to move forward without assigning blame, which typically reduces conflict and legal costs.
To discuss which ground applies to your situation, contact Ryan Besinque at (929) 251-4477 today.
A divorce is uncontested when both spouses agree on every issue, including property division, spousal support, child custody, and child support. When the parties cannot agree on one or more of these issues, the divorce becomes contested and requires additional negotiation, mediation, or a trial.
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement Required | Both spouses agree on all terms | One or more issues are disputed |
| Typical Timeline | Often finalized in a few months once all paperwork is correctly submitted and accepted by the court | Commonly takes longer, often a year or more, depending on disputes, discovery, and the court’s schedule |
| Cost | Lower (less attorney time and court involvement) | Higher (discovery, motions, possible trial) |
| Court Involvement | Minimal (paperwork review and approval) | Significant (hearings, trial, judicial decisions) |
| Control Over Outcome | Spouses decide the terms together | A judge may decide disputed issues |
| Privacy | Higher (less filed in public record) | Lower (court proceedings are public) |
Most divorces fall somewhere between these two categories. Many cases begin with disagreements but reach a settlement through negotiation before trial. Having an attorney who can move the conversation toward resolution without sacrificing your interests can save both time and money.
Ryan Besinque has helped couples in Manhattan navigate both contested and uncontested proceedings. Call (929) 251-4477 to schedule a free consultation.
Filing for divorce in Manhattan begins at the New York County Supreme Court, located at 60 Centre Street. The process follows a general sequence, though timelines vary depending on whether the divorce is contested or uncontested.
Before filing, at least one spouse must meet the residency requirements under DRL § 230. The most common requirement is that the marriage took place in New York and either spouse has lived here continuously for one year before filing. If neither spouse was married in New York, at least one must have lived in the state continuously for two years.
The basic steps include:
Filing begins with purchasing an index number ($210). Most divorce cases also require a Request for Judicial Intervention ($95) and later a Note of Issue ($30), bringing standard court fees in many cases to $335 total (fees may be waived by court order)
Serving your spouse with the divorce papers within 120 days of filing
Receiving a response from your spouse (typically 20 days if personally served, or 30 days if served by another method).
Discovery and disclosure of financial documents and other relevant information
Negotiation or mediation to resolve disputed issues
Trial (if the parties cannot reach an agreement on all issues)
Judgment of divorce signed by the court, formally ending the marriage
In an uncontested divorce where all issues are resolved, the court may grant the judgment without a hearing. Contested cases require additional steps, including preliminary conferences at the courthouse and possibly a trial before a judge.
Key Takeaway: Manhattan divorces are filed at the New York County Supreme Court. The process involves filing, service, financial disclosure, negotiation, and either a settlement or trial. Uncontested cases may be resolved in a few months, while contested matters can take over a year.
For help with your filing, contact The Law Office of Ryan Besinque at (929) 251-4477.
Court fees commonly total $335 in many divorce cases, reflecting the index number ($210), Request for Judicial Intervention ($95), and Note of Issue ($30). (Other optional fees can apply depending on what gets filed.)
You will also need to serve your spouse with the divorce papers. A third-party process server typically charges between $100 and $200, though costs may increase if your spouse is difficult to locate or refuses service. If you cannot afford the filing fees, you may request a fee waiver by filing a poor person’s affidavit with the court.
Attorney fees vary based on the difficulty of the case. Uncontested divorces with straightforward assets and no children generally cost less because they require less attorney time and fewer court appearances. Contested divorces involving property disputes, custody disagreements, or high-value assets require more extensive legal work and typically cost more.
New York is an equitable distribution state, not a community property state. This means the court divides marital property in a way that is fair, which does not always mean equal. The rules governing property division are found in DRL § 236B.
Marital property includes most assets acquired during the marriage, regardless of whose name is on the title. Separate property, such as assets owned before the marriage or received as gifts or inheritance, generally remains with the original owner. However, separate property can become marital property if it is commingled with marital funds or if both spouses contributed to its increase in value.
When dividing marital property, courts consider factors including the income and property of each spouse, the duration of the marriage, the age and health of both parties, the need for a custodial parent to remain in the marital home, and the loss of pension or inheritance rights.
For couples with significant assets, including real estate, retirement accounts, or business interests, property division can become complicated. In some cases, forensic accountants or business valuation professionals may be needed to determine the value of certain assets.
Key Takeaway: New York courts divide marital property equitably under DRL § 236B, considering factors like income, marriage length, and each spouse’s contributions. Equitable does not mean equal, and complex assets may require professional valuation.
Ryan Besinque helps Manhattan clients protect their financial interests during property division. Call (929) 251-4477.
Ryan Besinque is a Manhattan-based divorce and family law attorney with bar admissions in both New York and California. He earned his undergraduate degree in business administration from the University of Southern California with a minor in psychology and received his Juris Doctor from the University of San Diego School of Law, graduating in the top third of his class. During law school, Ryan served as President of Phi Delta Honors and received the CALI Award for Family Law and the Outstanding Service Award from the Legal Aid Society of San Diego.
Ryan takes a collaborative approach to divorce when possible, connecting clients with child specialists, mental health professionals, and financial advisors to address all aspects of the transition. When the situation calls for it, he uses assertive strategies to protect client interests in court. He has represented clients in divorce, custody, support, and family offense cases throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County.
Spousal support, also called maintenance or alimony, may be awarded to help a lower-earning spouse maintain financial stability during and after the divorce. New York uses a formula-based calculation under DRL § 236B, though judges have discretion to adjust the amount based on several factors.
Courts generally consider the income and property of each spouse, the duration of the marriage, the age and health of both parties, each spouse’s earning capacity, whether one spouse needs additional education or training to become self-supporting, and the standard of living established during the marriage. There are three common types of maintenance: temporary (during the divorce proceedings), rehabilitative (to help a spouse gain skills or education), and post-divorce (awarded as part of the final judgment).
For post-divorce maintenance, New York law provides an advisory duration schedule tied to the length of the marriage, subject to judicial discretion and the facts of the case:
For more detailed information about spousal support calculations, visit our Manhattan spousal support attorney page. Contact Ryan Besinque at (929) 251-4477 to discuss your situation.
Divorce mediation involves a neutral third party who helps both spouses reach agreements on disputed issues without going to court. The mediator does not make decisions but facilitates conversation and helps both parties identify solutions that work for their family.
Mediation is often less expensive and faster than litigation because it avoids lengthy court proceedings. It also gives both spouses more control over the outcome, since the terms are agreed upon rather than imposed by a judge. Mediation sessions are private, which means the details of your financial arrangements and family matters do not become part of the public record.
Mediation works best when both spouses are willing to negotiate in good faith. If one party is uncooperative or if there are concerns about domestic violence or hidden assets, litigation may be more appropriate.
For more information about the mediation process, visit our Manhattan divorce mediation page. Ryan Besinque of The Law Office of Ryan Besinque can help you evaluate whether mediation is right for your case.
When children are involved, the court must determine custody and support arrangements as part of the divorce. New York courts use the “best interests of the child” standard to make custody decisions, considering factors such as each parent’s ability to provide a stable home, the child’s relationship with each parent, and each parent’s willingness to foster the child’s relationship with the other parent.
Custody can be legal (decision-making authority over education, healthcare, and religious upbringing) or physical (where the child lives). Both types can be sole or joint. Child support is calculated using the Child Support Standards Act under DRL § 240, which applies a percentage of the parents’ combined income based on the number of children.
For detailed guidance on custody arrangements or support calculations, visit our child custody and child support pages. In a New York divorce, custody and child support issues are addressed in the Supreme Court as part of the divorce case. Family Court can handle custody, visitation, and support matters in standalone proceedings (for example, before a divorce is filed).
The Law Office of Ryan Besinque represents clients throughout Manhattan and the surrounding boroughs. Our Manhattan office is accessible to families across the borough, and we regularly handle cases filed in the New York County Supreme Court and the Manhattan Family Court.
We serve clients in Manhattan neighborhoods, including:
We also represent clients across all five boroughs, including Brooklyn, Queens, the Bronx, and Staten Island, as well as families in Westchester County and Nassau County.
Going through a divorce raises difficult questions about your finances, your living situation, and your relationship with your children. The outcome of your case depends in large part on the legal decisions you make early in the process, from choosing the right grounds for divorce to negotiating a fair settlement.
At The Law Office of Ryan Besinque, our family law attorneys handle every stage of the process, from initial filing at New York County Supreme Court to final judgment. We work to protect your parental rights, your financial interests, and your peace of mind throughout the proceedings.
Call The Law Office of Ryan Besinque at (929) 251-4477 for a free consultation. Our Manhattan office serves families throughout New York City, Westchester County, and Nassau County. Our New York City divorce lawyer can explain how the process works and what to expect next.
No. New York is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The court considers factors such as income, marriage duration, and each spouse’s contributions when deciding how to divide assets.
Yes. You do not need your spouse’s consent to file for divorce in New York. If your spouse does not respond to the divorce papers, the court may grant a default judgment. If your spouse contests the divorce terms, the case proceeds as a contested divorce.
You are not legally required to have a lawyer, but it is strongly advisable. An attorney can review your settlement agreement for fairness, identify issues you may have overlooked, and make sure the paperwork is filed correctly. Errors in the filing can cause delays.
Under DRL § 236B, courts divide marital property equitably. Marital property includes most assets acquired during the marriage. Separate property, such as gifts, inheritance, and premarital assets, generally stays with the original owner unless it was commingled with marital funds.
Under DRL § 230, there are several ways to meet the residency requirement. The most common is that the marriage took place in New York and either spouse has lived here continuously for at least one year. If neither spouse was married in New York, one spouse must have lived here continuously for two years.
New York uses a formula based on the incomes of both spouses. The court also considers factors like marriage duration, age, health, earning capacity, and whether one spouse needs training to become self-supporting. The duration of maintenance typically corresponds to the length of the marriage.
The marital home is subject to equitable distribution. One spouse may buy out the other’s share, the home may be sold and the proceeds divided, or one spouse may be granted exclusive use for a period of time, particularly if children are involved.
Yes. You can include a request for a name change in your divorce judgment. Once the judgment is finalized, you can update your name with government agencies, financial institutions, and other entities using the certified copy.
A legal separation allows spouses to live apart under a legally binding agreement without ending the marriage. Divorce formally terminates the marriage. Some couples choose legal separation for religious reasons, to maintain insurance benefits, or as a step toward divorce.
Filing first does not give a legal advantage in terms of the outcome. However, the petitioner sets the initial timeline and can prepare their case before serving papers. Both parties have equal rights to present their positions throughout the proceedings.
In many uncontested divorces, you may not need to appear in court. If all issues are resolved and the paperwork is properly filed, a judge may grant the divorce based on the submitted documents. Contested divorces typically require court appearances.
You will generally need a summons and complaint or summons with notice, a marriage certificate, a statement of net worth, and any settlement agreements. If children are involved, you may also need a parenting plan and child support worksheets.
In mediation, a neutral third party helps both spouses negotiate the terms of their divorce. Mediation sessions are private and allow both parties to maintain control over the outcome. If mediation is successful, the agreement is incorporated into the divorce judgment.
Certain aspects of a divorce settlement can be modified, including child custody, child support, and spousal support, if there has been a substantial change in circumstances. Property division terms are generally final and cannot be changed after the judgment is entered.