Experienced Divorce Attorney in New York, NY
When your marriage ends, the attorney you choose can shape the outcome for years to come. Iniguez Law Group, PLLC has been protecting the rights of New York families since 1996. Lead attorney James E. Iniguez has earned Super Lawyer recognition every year from 2020 through 2025, a distinction awarded to fewer than five percent of attorneys in New York State.
The firm serves clients across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and surrounding counties. Call
212-406-4991 to schedule a confidential consultation. Find the firm on
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Compassionate, Strategic Guidance Through Every Stage of Divorce
When your marriage ends, the attorney you choose shapes the outcome for years to come. At Iniguez Law Group, PLLC, in New York, NY, we combine nearly 30 years of family law experience with a genuine commitment to understanding your situation and protecting what matters most to you. Lead attorney James E. Iñiguez has earned Super Lawyer recognition every year from 2020 through 2025—a distinction awarded to fewer than five percent of attorneys in New York State. Whether your case is straightforward or deeply contested, we are prepared to guide you through every step with clarity and skill.
We serve clients across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Yonkers, White Plains, and New Rochelle. Call (212) 406-4991 to schedule a confidential consultation.
New York Divorce Law: What You Need to Know
New York is an equitable distribution state under Domestic Relations Law §236-B, which means marital property is divided fairly—but not necessarily 50/50. Courts consider factors including the length of the marriage, each spouse’s income and earning capacity, contributions to marital assets (including homemaking and childcare), and the economic circumstances of each party at the time of divorce. Separate property—assets owned before marriage or received as gifts or inheritance—generally remains with the original owner, provided it has not been commingled with marital funds.
New York recognizes both no-fault and fault-based grounds for divorce. The most widely used no-fault ground, enacted under DRL §170(7), is the irretrievable breakdown of the marriage for at least six months. Fault grounds—including cruel and inhuman treatment, abandonment, or imprisonment—remain available and can influence maintenance or property outcomes in certain cases.
Before filing, residency requirements must be met. Generally, one spouse must have been a New York resident for at least one year, or two years if neither party was married nor lived together in the state. Our attorney reviews your specific circumstances at your initial consultation to confirm eligibility and advise on the most appropriate grounds for your case.
Contested vs. Uncontested Divorce in New York
Understanding which type of divorce applies to your situation is the first step in planning your case.
| Uncontested Divorce | Contested Divorce |
|---|---|
| Both spouses agree on all major issues | Spouses disagree on one or more issues |
| Typically resolves in 3–6 months | May take 1 year or significantly longer |
| Generally lower cost | Higher cost due to litigation |
| Minimal court appearances required | Court hearings, depositions, possible trial |
| Documentation-focused process | Discovery and financial disclosure required |
Regardless of which path applies to your case, Iniguez Law Group, PLLC provides skilled representation at every stage. For uncontested divorces, we prepare and review all documentation to ensure your agreement is airtight and protects your long-term interests. For contested cases, we advocate aggressively in court while keeping you informed at every turn.
Key Issues in a New York Divorce
A New York divorce can involve several interconnected legal issues. Our attorney handles all of them, ensuring nothing is missed and your full range of interests is protected.
Equitable Distribution of Marital Property
Under DRL §236-B, New York courts divide marital assets based on fairness rather than a strict equal split. Factors include the length of the marriage, each spouse’s income and contributions, economic circumstances, and whether one spouse sacrificed career opportunities for the family. Our attorney identifies all marital assets—including retirement accounts, business interests, and real property—and advocates for a distribution that reflects your contributions and future needs.
Spousal Maintenance
New York’s maintenance guidelines provide a formula for calculating temporary and post-divorce support, but judges retain discretion to adjust based on the length of the marriage, the marital standard of living, each spouse’s earning capacity, and other equitable factors. Whether you are seeking maintenance or contesting it, our attorney builds a compelling case based on the actual facts of your marriage.
Child Custody and Parental Access
All custody decisions in New York are governed by the best interests of the child standard. Legal custody covers decision-making authority over education, healthcare, and religious upbringing. Physical custody determines where the child resides. New York courts favor arrangements that preserve the child’s relationship with both parents unless safety concerns require otherwise. Our attorney coordinates custody matters directly within your divorce case so that no gap exists between your divorce decree and your parenting arrangement.
Child Support
Child support in New York is calculated under the Child Support Standards Act (CSSA), applying a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Additional expenses—health insurance, childcare, and educational costs—are typically allocated proportionally. Our attorney ensures support orders reflect the actual financial picture and protect your child’s long-term stability.
The Marital Home
The family home is often one of the most contested assets in a New York divorce. Courts may award the home to one spouse (with a buyout), order a sale with proceeds divided equitably, or temporarily assign occupancy to the custodial parent for the children’s stability. Our attorney helps you understand the full financial implications of each option before any agreement is reached.
The New York Divorce Process: From Filing to Final Decree
Many clients come to us unsure of what to expect. Here is how a New York divorce typically unfolds, from the first filing to the final judgment.
Step 1 — Consult With a Divorce Attorney
Before filing anything, meet with our attorney to review your rights, understand your options, and develop a strategy tailored to your situation. This first step is often where clients learn information about their finances, parental rights, or asset entitlements that changes their approach entirely.
Step 2 — File a Summons with Notice or Summons and Complaint
The divorce is formally initiated when the filing spouse submits a Summons with Notice (or a Summons and Complaint in more complex cases) to the New York Supreme Court. In Manhattan, divorce proceedings are filed in New York Supreme Court, New York County, located at 60 Centre Street, New York, NY 10007. This filing marks the official start of the case and establishes the court’s jurisdiction.
Step 3 — Serve Your Spouse
After filing, the other spouse must be formally served with the divorce papers. Service must comply with New York’s legal requirements—improper service can delay or derail the case. Our attorney ensures service is handled correctly and that proof of service is properly filed with the court.
Step 4 — Response, Financial Disclosure, and Negotiation
In contested cases, the responding spouse files an Answer. Both parties then exchange Statements of Net Worth—formal financial disclosures covering income, assets, debts, and expenses. This is the foundation for negotiating property division, maintenance, and support. Many issues are resolved during this phase through attorney-to-attorney negotiation or mediation, avoiding the need for a full trial.
Step 5 — Temporary Orders
While the case is pending, a court can issue temporary orders covering spousal support, child custody and visitation, child support, and use of the marital home. These orders hold until the final decree and are critically important in cases involving significant financial disparities or disputes over where children will live during proceedings.
Step 6 — Settlement or Trial
The large majority of New York divorces resolve through a negotiated Marital Settlement Agreement, which is then submitted to and approved by the court. If the parties cannot reach agreement, the case proceeds to a bench trial before a New York Supreme Court Justice—there are no jury trials in divorce. Our attorney prepares thoroughly for trial from the first day of your case, which also strengthens our negotiating position.
Step 7 — Final Judgment of Divorce
Once all issues are resolved, either by agreement or court order, the judge signs the Judgment of Divorce. This is the legally binding document that ends the marriage and memorializes all terms related to property, support, and custody. We review the final judgment carefully before you sign anything.
Divorcing in Manhattan: What to Expect in Court
In New York City, divorce cases are heard in New York Supreme Court, the state’s trial-level court of general jurisdiction. If you live in Manhattan, your case will be filed in New York Supreme Court, New York County, located at 60 Centre Street, New York, NY 10007. Clients in Brooklyn file in Kings County, Queens residents in Queens County, and so on across the five boroughs.
Manhattan’s divorce court handles a high volume of cases. Realistic timelines reflect that reality: uncontested divorces typically finalize in three to six months, while contested matters—particularly those involving complex assets, business valuations, or disputed custody—can take twelve to twenty-four months or longer depending on court scheduling and the complexity of the issues. Having an attorney who knows the local courts, the procedural expectations, and the practical pace of New York County Supreme Court is a meaningful advantage throughout your case.
Iniguez Law Group, PLLC has practiced in New York’s courts for nearly three decades. Attorney James E. Iñiguez understands not only the law, but how New York’s family courts actually operate—and what it takes to move a case forward efficiently without sacrificing your interests.
How to Choose the Right Divorce Attorney in New York
The attorney you hire influences not just the outcome of your case but your experience throughout one of the most stressful periods of your life. Look for:
- Focused family law experience — not a generalist who handles divorce occasionally
- Recognized credentials — Super Lawyer recognition (awarded to fewer than 5% of NY attorneys) reflects peer-reviewed achievement
- Local court knowledge — familiarity with New York Supreme Court procedures and local expectations
- Clear communication — your attorney should explain your options in plain language and keep you informed at every stage
- A record of results — in cases similar in complexity and circumstances to yours
James E. Iñiguez meets all of these standards. With nearly 30 years of experience and consistent Super Lawyer recognition since 2020, he brings deep New York family law expertise—and genuine personal commitment—to every client relationship.
What Clients Say
“Mr. Iñiguez was invaluable during my divorce. He was always professional, honest and responsive. His knowledge and guidance helped me through very difficult times, plus the legal fees were always fair. I would recommend Mr. Iñiguez 100%.”
- Mel A.
“James is a very effective family lawyer. He understands the court language, procedures, and methods that defendants will need to obtain a good verdict. James is a straightforward, honest attorney so he won’t take you around endless processes if he doesn’t consider your case is favorable for you. Definitely hire him.”
- Sergio H.
“I highly recommend James. He’s knowledgeable, strategic, and fights hard for his clients. He gave prudent advice throughout my case, didn’t tolerate games, and stood up for me when it mattered most. Even in a high-conflict situation, his strong advocacy and smart strategy helped us reach the settlement I wanted and avoid a costly trial.”
- Irene Wu
Frequently Asked Questions
How long does a divorce take in New York?
An uncontested divorce—where both spouses agree on all issues—typically finalizes in three to six months. Contested cases, particularly those involving disputed property, child custody, or business valuations, can take twelve to twenty-four months or longer depending on the complexity of the issues and the volume of New York Supreme Court’s calendar. Cases filed in Manhattan (New York County) move on a schedule driven by court availability, which is why having an attorney who understands local scheduling practices makes a practical difference.
How much does a divorce attorney cost in New York?
Attorney fees vary based on the complexity of your case, whether it is contested or uncontested, and the issues involved. Fees are typically structured as an hourly rate against a retainer. Contested cases with trial, discovery, and expert witnesses carry higher costs than straightforward uncontested matters. Iniguez Law Group is transparent about fees from the first consultation. Call (212) 406-4991 to discuss fee arrangements confidentially.
Do I need an attorney for an uncontested divorce?
You are not legally required to hire an attorney, but doing so helps protect your long-term rights. Mistakes in uncontested divorce paperwork—particularly around retirement account division (which requires a separate QDRO), real property transfers, or child support calculations—can create serious financial consequences that are difficult or impossible to undo after the judgment is signed. Our attorney reviews all documentation before anything is finalized.
What happens to the house in a New York divorce?
The marital home is subject to equitable distribution under DRL §236-B. Courts may award the home to one spouse (typically requiring a buyout of the other’s equity), order a sale with proceeds divided equitably, or temporarily assign occupancy to the custodial parent for the children’s stability. If the home was owned by one spouse before the marriage or purchased with separate property funds, the other spouse may have limited or no claim to it—though commingling of funds complicates that analysis. Our attorney evaluates your specific situation to identify the most advantageous position.
How is marital property divided in a New York divorce?
New York follows the equitable distribution standard under Domestic Relations Law §236-B. Courts divide marital property—assets and debts acquired during the marriage—fairly, but not necessarily equally. Judges consider factors including the length of the marriage, each spouse’s income and earning capacity, contributions to marital property (including non-financial contributions such as homemaking and supporting the other spouse’s career), the economic circumstances of each party, and any prior agreements such as a prenuptial agreement. Separate property—assets owned before the marriage or received as a gift or inheritance during the marriage—generally is not subject to distribution, provided it has been kept separate and not commingled with marital funds. Our attorney conducts a thorough asset analysis to identify what is marital, what is separate, and what is in dispute.
Can I get divorced if my spouse refuses to sign?
Yes. Under New York’s no-fault divorce law (DRL §170(7)), you can obtain a divorce based on the irretrievable breakdown of the marriage for at least six months without your spouse’s agreement or signature. Your spouse’s refusal to cooperate cannot prevent the divorce from proceeding. However, if your spouse contests the terms—property division, custody, or support—those issues will be resolved through the court process, and a judge will make the final determination. Your spouse’s non-cooperation will not stop the divorce; it will only affect how long the process takes and what costs are involved.
Ready to Speak With a New York Divorce Attorney?
Divorce is one of the most consequential legal processes you will go through. Iniguez Law Group, PLLC has guided New York families through every type of divorce for nearly 30 years. Call (212) 406-4991 or contact us online to schedule your confidential consultation. We will give you a clear picture of your options and a strategy built around your goals.
Se Habla Español. Serving Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Yonkers, White Plains, and New Rochelle.
