Divorce Attorney in New York, New York

Going through a divorce can be one of the most challenging periods in one's life—emotionally, financially, and legally. The process can affect not only your life but also those of your loved ones and particularly any children involved. You should know that you don't have to face it alone. At James E. Iñiguez & Associates, PLLC, we aim to ease your path.  

We offer comprehensive services in areas such as property division, child custody, and spousal support arrangements. As a trusted law firm serving New York, New York—and the surrounding areas of Manhattan, Brooklyn, Queens, The Bronx, and more—you can count on us to assist you in navigating the legal system, working together towards solutions that suit your best interests.  

Divorce in New York

New York, like many other states in America, has specific laws and regulations associated with divorce. If you're going through or facing the possibility of a divorce, understanding these laws is crucial. They determine major components, including asset division, child custody, and spousal support.  

• Contested Divorce. A contested divorce occurs when spouses cannot reach an agreement on issues such as child custody, division of assets, or spousal support. This type of divorce often necessitates litigation, making it more time-consuming and costly. We're here to uphold your rights throughout this process, and we strive to achieve the best possible outcome for you and your family. 

• Uncontested Divorce. An uncontested divorce can happen when both spouses can agree on all issues without the need for court intervention. While this type of divorce is less complicated than court litigation, it still requires careful legal navigation so that all agreements reached are fair and legally binding. We're committed to guiding you through every step of the process. 

Whether you're facing a contested or uncontested divorce, we're committed to protecting your rights and helping you achieve a fair resolution. We understand the emotional and financial challenges that come with divorce, and we're here to provide the guidance and support you need during this difficult time. If you're considering filing for divorce or have any questions about our services, schedule a consultation with our experienced divorce attorney.  

Eligibility to File for Divorce in New York

Before you can file for divorce in New York, you need to meet certain eligibility requirements. One of the spouses must have been a resident of the state for at least two years prior to filing for divorce. However, if both spouses are residents of New York at the time of filing, the residency requirement is reduced to one year. We recommend consulting with our knowledgeable divorce attorney to make sure you meet the eligibility criteria before proceeding with your divorce. 

Grounds for Divorce in New York

New York operates under a "no-fault" divorce system, meaning you can file for divorce without proving any wrongdoing from your spouse. Divorce in New York is governed by both fault and no-fault grounds: 

• No-Fault Divorce. For a no-fault divorce, New York requires that the relationship between the couple has broken down irretrievably for at least six months. In both types of divorces, at least one spouse must have been a resident of the state for a continuous period of at least two years before filing. 

• Fault-Based Divorce. A divorce may be granted on fault grounds for reasons such as adultery, cruel and inhuman treatment, abandonment for a continuous period of one year or more, imprisonment for more than three years, or if the spouses have lived apart for at least a year under a separation agreement. Although fault is not required in a divorce, it can affect issues surrounding divorce (such as alimony). 

The most common ground for divorce in New York is stating that there was an irretrievable breakdown of the marriage for at least six months, often referred to as a "no-fault" divorce. However, no matter the reason, we're here to help you understand your options and choose the best course of action. 

How Long Does a Divorce Take?

The duration of a divorce case in New York will depend on each individual circumstance. They vary greatly depending on the complexity of the issues involved and the level of cooperation between the spouses. Generally, an uncontested divorce can be finalized relatively quickly, often within a few months. A contested divorce, on the other hand, can take significantly longer, sometimes lasting several months or even years. Working with our experienced divorce attorney can help expedite the proceedings as much as possible. 

How Are Assets Divided?

New York is an "equitable distribution" state, which means that marital property will be divided in a manner that the court deems fair—and "fair" might not necessarily mean that it's equal. The court will consider several factors in determining how to distribute the marital assets. These include: 

• Each spouse's income and property when the marriage began and when the divorce was filed. 

• The duration of the marriage. 

• The age and health of both spouses. 

• The need for the parent who has custody of the children to live in the family home and use its effects.  

The court can also consider the loss of inheritance and pension rights upon dissolution of the marriage and the loss of health insurance benefits. Each party's contribution to acquiring the marital property, including that of a spouse as a homemaker, can also be considered.