NYC's Premier
Divorce Lawyers
48 Years of Excellence • National Media Expert • Treating You Like Family Since 1976
From Anna Delvey to Ghislaine Maxwell - NYC's Most Trusted Legal Counsel
Call Us: (888) 742-6939 • Available Monday-Sunday 8AM-8PM • 24/7 Emergencies
FEATURED IN MAJOR MEDIA
Todd Spodek • Legal Expert • Media Commentator








National Media Recognition & Legal Expertise
As seen on Netflix's "Inventing Anna" • Featured legal analyst on major networks • Published author and speaker
Spodek Law Group Has Represented Families Through NYC's Most Complex Divorces for Over 40 Years
It is imperative that clients retain the services of experienced divorce attorneys who have the extensive resources required to deliver on complex cases. Our NYC divorce attorneys have the experience to protect your interests and help you seek fair compensation for your financial future and custody arrangements.
Spodek Law Group has represented families through nearly every type of complex divorce case in New York over the last 40 years. From high-net-worth divorces involving multiple properties and business valuations to contested custody battles with international implications, we've handled it all. Our attorneys have successfully navigated cases involving hidden assets, complex financial portfolios, and sensitive family dynamics.
Other notable cases our firm has represented include celebrity divorces featured in major media outlets, divorces involving multi-million dollar estates, cases with complex business valuations and division of equity, international custody disputes, and high-conflict divorces requiring protective orders and emergency interventions.
We have a history of multi-million dollar settlements and favorable custody arrangements in divorce litigation. Our divorce litigation work has earned us a distinguished reputation for managing complex litigation while protecting our clients' interests, assets, and most importantly, their children's well-being.
Free Consultation
Speak with an experienced NYC divorce attorney today
TODD SPODEK: VOICE OF LEGAL EXCELLENCE
Featured Legal Expert on Major Networks
NY Criminal Lawyer Todd Spodek on NBC News 4
Todd Spodek discusses Joseph Amico's indictment for making a terroristic threat outside NY Supreme Court
Are You Garbage Goes to Court
Are You Garbage podcast special episode with Todd Spodek, a top NYC defense attorney, preparing for trial
More Appearances & Interviews
Todd Spodek Legal Expert Interview
Todd Spodek Media Appearance
Legal Commentary with Todd Spodek
Todd Spodek Case Analysis
Todd Spodek Legal Insights
Defense Strategy Discussion
Todd Spodek Court Appearance
Legal Analysis with Todd Spodek
Todd Spodek Legal Expertise
Todd Spodek Law Interview
Todd Spodek High-Profile Case
Todd Spodek Legal Defense
Todd Spodek Attorney Profile
See why Todd Spodek is the most trusted legal voice in NYC
Schedule Your ConsultationExcellence in Our Field
Setting the Standard for NYC Divorce & Family Law






Top 1% of New York Attorneys
Consistently recognized by Super Lawyers for excellence in divorce and family law. Representing the most complex and high-stakes cases with unmatched expertise.
When you choose Spodek Law Group, you're choosing a firm that has been recognized for excellence by every major legal rating organization in the country.
Todd A. Spodek, Managing Partner
NYC Divorce Attorneys Who Can Help
Our team of experienced divorce and family law attorneys in New York offers services tailored to meet your needs. We start with a free, no-obligation consultation so that you can meet us, tell us about your situation, and ask any questions you may have.
We understand that getting divorced can really disrupt your day-to-day life. Let the experienced divorce attorneys at Spodek Law Group help. We have extensive experience representing clients who have been harmed by the wrongful acts of others.
We handle cases involving:

Contested Divorce
Complex negotiations & litigation

Uncontested Divorce
Amicable & efficient resolution

High Net Worth Divorce
Complex asset protection

Child Custody Disputes
Best interests of children

Child Support
Fair financial arrangements

Spousal Maintenance
Alimony negotiations

Property Division
Equitable asset distribution

Prenuptial Agreements
Protecting your future

Postnuptial Agreements
Modifying marital terms

Domestic Violence
Protection & advocacy

Order of Protection
Legal safety measures

International Divorce
Cross-border expertise
Our team of New York divorce attorneys has over 48 years of experience representing clients. Let us focus on the legal deadlines and paperwork while you focus on your recovery. You may not know what your case is worth or how the process works, but we do.
Schedule Your Free ConsultationLANDMARK VICTORIES
High-profile cases that made national headlines and shaped legal precedents

Anna Delvey
Grand Larceny & Fraud
Defended NYC's infamous fake heiress. Strategic defense led to acquittal on major charges.
RESULT
PARTIAL ACQUITTAL

Robert Diamond
$12M Ponzi Scheme
40+ victims, $12M fraud. Exceptional defense secured minimal sentence.
RESULT
6 MONTHS ONLY

Maxwell Juror
Federal Perjury Defense
Represented 'Juror 50' in high-stakes federal perjury case.
RESULT
NO CHARGES FILED

R. Kelly Case
Witness Intimidation
Federal witness intimidation defense in R. Kelly trial.
RESULT
MITIGATED SENTENCE

Baldwin Stalker
Criminal Stalking
Defended actress in celebrity stalking case against Alec Baldwin.
RESULT
TIME SERVED

NBA Fraud Case
$4M Healthcare Fraud
Former NBA player, $4M fraud. Zero additional prison time.
RESULT
NO PRISON TIME
99% Success Rate Across 700+ Cases
These landmark victories represent just a fraction of our legal achievements
Discuss Your Case TodayWHY IS SPODEK LAW GROUP THE BEST CHOICE FOR YOU?
10 reasons to have our experienced
divorce law firm on your side
Hiring a divorce attorney in New York can be a tough decision and, undoubtedly, one that will have a considerable impact on the outcome of your case. Here are some important qualities you should look for in selecting the best attorney for you.

Record
Court Victories

Skilled with
Settlements

Complex Asset
Division

Child Custody
Expertise
48 Years of Experience
Established in 1976, treating clients like family for generations
Aggressive Negotiation
Fighting for your best interests at every turn
24/7 Availability
Always here when you need us most
Personalized Strategy
Custom approach tailored to your unique situation
Transparent Communication
Keeping you informed throughout your entire case
Results That Matter
Your successful outcome is our highest priority

DIVORCE LAWYERS NYC
The Spodek Law Group is a premier, and top rated, New York divorce law firm. Our attorneys recognize, and empathize with the situation you're going through. Divorce is one of the most stressful situations – hiring the wrong divorce lawyer can make it even more stressful.
You need a divorce lawyer who is reputable, knowledgeable, attentive to detail, and is ready to fight for you. Having the wrong divorce attorney can cost you immensely – both financially, and in terms of your personal life.
When you hire an attorney at the Spodek Law Group, you're working with an ally who treats you like family, and is here to help you through all aspects of your case. What's important to us isn't billable hours – it's the outcome of your case.
Decades of divorce law expertise since 1976
Recognized by judges and opposing counsel
Know when to be aggressive or diplomatic
Keep you updated throughout your case
I came to Spodek Law Group when everyone told me I had no chance of getting custody. Not only did they prove everyone wrong, but they also secured full custody and a favorable financial settlement. Their strategic approach, thorough preparation, and courtroom presence were impressive. Todd personally handled my case and was available 24/7 during critical moments.
Child Custody • GOOGLE REVIEW
Why Experience & Results Matter
NYC's Most Experienced Divorce Law Firm Since 1976
Experience That Counts
When hiring an NYC divorce lawyer, it's critical you look at experience and results. As one of New York's oldest divorce and matrimony law firms, we've got the experience to handle virtually any situation. We can handle a wide array of complex divorce/family law issues, such as child custody issues, child alimony, and more. More importantly, we understand when to be aggressive, and when to be diplomatic. Regardless of how difficult your case is, realize that working with an attorney at the Spodek Law Group is one of the decisions you can make. You deserve a future that is bright, and having a proper outcome in your divorce can ensure that.
Our New York family law attorneys have experience helping clients all over New York state. Regardless of whether you're in NYC, or long island, we can help. We have experience handling simple, uncontested divorces, to complex child custody disputes, child alimony/child support, and more. If your spouse goes to the liquor store drinking red wine and you're a victim of domestic violence, we can help. Not only is our team of divorce attorneys respected by judges, but also by other NYC divorce lawyers who take our team seriously, and respect our expertise and seriousness. It means they know not to even attempt, to take advantage of our clients.
The Right Team Makes All The Difference
Divorce isn't easy, but it can be infinitely harder with the wrong divorce attorney. That's why we've only hired some of the top rated NYC divorce lawyers in New York state. Our team, spread out across several locations, works tirelessly to help New York state residents get the possible results. We advise our clients on all possible scenarios, and provide a pragmatic approach to navigating them. We are aggressive, and when necessary – uncompromising, in order to get our clients the possible outcome. We never stop doing what is necessary to get you the possible result – regardless of how aggressive the opposing party is. As your divorce attorney, we keep you aware of what's going on – ALWAYS.
Our Commitment to You:
- 48+ years handling complex NYC divorces
- Respected by judges and opposing counsel
- Strategic approach - aggressive when needed
- Constant communication throughout your case
THE SPODEK DIFFERENCE
What Sets Us Apart from Other NYC Law Firms

Treating You Like Family
Not just a slogan but embedded in every interaction since 1976. Second-generation family firm with deep NYC roots and genuine family values.

Selective Excellence
We only take cases we believe we can win. Focus on outcomes, not billable hours. Our 99% positive outcome rate speaks for itself.

Senior Attorney Focus
Direct partner involvement on every case. No junior associates. Multiple attorneys assigned for complete coverage and expertise.

Think Outside the Box
Dynamic approach to litigation. Proactive can-do attitude. Strategic thinking that wins "unwinnable" cases.

True 24/7 Availability
Not just an answering service. Real attorney availability for emergencies. Open Monday-Sunday 8AM-8PM, 24/7 emergencies.

Educational Approach
Every client educated about the law. Understand every step. Empowerment through knowledge for informed decisions.
Experience the difference that genuine care and expertise makes
Schedule Your Free ConsultationMEET TODD SPODEK
The Netflix-Featured Divorce Attorney
International Recognition
Featured in Netflix's "Inventing Anna" directed by Shonda Rhimes, Todd Spodek (portrayed by Arian Moayed from HBO's Succession) gained global recognition defending Anna Delvey.
"Anna had to kick down the door to get her chance at life. Just like Sinatra had to do it his way, Anna had to do it her way."
- Todd's Famous Defense Argument
Credentials & Experience
- Second-generation attorney since 1976
- 13+ years complex divorce specialization
- Hundreds of high-asset cases won
- R. Kelly witness intimidation defense
- $12M Ponzi scheme - only 6 months sentence
- NBA fraud case - time served, no prison
- JD from Pace Law School
- Criminal Justice, Northeastern

EFFICIENT & EFFECTIVE LEGAL SOLUTIONS
Quality legal representation in New York doesn't have to be prohibitively expensive.
We believe in transparent pricing and efficient case resolution. Our experienced attorneys work diligently to resolve your legal matters quickly and cost-effectively, whether through negotiation, mediation, or litigation when necessary.
Work with experienced New York attorneys who understand the complexities of state and federal law, and can help you navigate immigration matters, business disputes, family issues, or any legal challenge you face.

New York Courts

SERVING NEW YORK & BEYOND
No matter where you are – if you have a connection to New York State – we can provide comprehensive legal representation tailored to your unique situation.
Our firm has developed innovative approaches to legal services, including virtual consultations and digital case management, allowing us to serve clients wherever they are in the world.
Our commitment to providing the highest level of service:
As your New York attorneys, we keep you proactively updated throughout your entire case, ensuring you always know exactly what's happening and what to expect next.
We handle cases of all complexities – from straightforward matters to those involving significant assets, business interests, and intricate legal challenges.
Wherever you are in the world, we can provide you with exceptional legal representation at competitive rates.
SPODEK LAW GROUP
As one of New York's premier law firms, Spodek Law Group has built a reputation for excellence, integrity, and results. Since 1976, we've been treating clients like family, providing personalized legal solutions tailored to each unique situation. Our approach combines strategic legal expertise with compassionate guidance to help you navigate complex legal challenges.
Experienced. Dedicated. Results-Driven. Your trusted legal advocates.
While some law firms treat clients as case numbers, we take a different approach. We believe in building lasting relationships and providing comprehensive legal support. Our team of experienced attorneys works collaboratively to ensure the best possible outcomes for our clients. From family law to criminal defense, we handle each case with the utmost professionalism and care.
Your Legal Partners Through Life's Challenges:
At Spodek Law Group, we understand that legal issues can be overwhelming. That's why we take the time to listen, understand your goals, and develop a strategic approach tailored to your specific needs.
Our practice areas span multiple disciplines, allowing us to provide comprehensive legal services. Whether you need assistance with family law matters, criminal defense, or civil litigation, our experienced attorneys are here to guide you through the process.
With decades of combined experience and a track record of successful outcomes, Spodek Law Group has earned the trust of clients throughout New York and beyond. We're committed to protecting your rights and achieving your legal objectives.

No matter where you are — as long as you or your spouse is a resident of New York State — we can help you get a fast, convenient and affordable uncontested divorce.
Our firm has developed a unique online divorce process that lets us serve you wherever you are in the world.
As a New York uncontested divorce attorney we keep you proactively updated, throughout the entire divorce process, so you know exactly what's going on with your case.
We can help you whether your uncontested divorce is simple or whether you have child support and custody issues and/or significant assets to divide.
Wherever you are in the world we can help you obtain a fast New York divorce at an affordable rate.
Our Office Locations
Manhattan - Main Office
WOOLWORTH BUILDING
233 Broadway, Suite 710
New York, NY 10279
Near City Hall
Brooklyn Office
BROOKLYN HEIGHTS
195 Montague St., 14th Floor
Brooklyn, NY 11201
Downtown Brooklyn
Los Angeles Office
DOWNTOWN LA
555 W 5th St, 35th Floor
Los Angeles, CA 90013
Financial District
Astoria Office
QUEENS LOCATION
35-37 36th St, 2nd Floor
Astoria, NY 11106
Queens County
NYC Divorce Attorneys | 24/7
Frequently Asked Questions
What are the grounds for divorce in New York?
In the state of New York, there are seven grounds for divorce that are legally acceptable, each with their own set of criteria. One of the most common grounds, known as a no-fault divorce, is based on an irretrievable breakdown in the relationship for a period of at least six months. To use this ground, the marriage must have been over for at least six months and all economic issues, including debt, property division, and child custody and support, must have been resolved.
Another ground for divorce is based on cruel and inhuman treatment. In this case, the judge will be looking for specific acts of cruelty that have occurred within the last five years. Merely having arguments or not getting along is not enough; the cruelty must be severe enough that the plaintiff is in danger, both physically and mentally, and it is unsafe or improper for them to continue living with the defendant.
Abandonment is another grounds for divorce, in which the spouse must have abandoned the plaintiff for at least one year or more. This can include physically leaving the home without any intention of returning or refusing to have sexual relations, known as "constructive" abandonment.
Imprisonment is another ground for divorce, in which the spouse must have been in prison for three or more years in a row and the imprisonment must have occurred after the marriage began. The plaintiff can use this ground while the spouse is in prison or up to five years after they have been released.
Adultery is yet another ground for divorce, in which the plaintiff must prove that the spouse committed adultery during the marriage. This can be difficult to prove, as evidence from someone other than the plaintiff and spouse is required.
A divorce can also be granted after a legal separation agreement has been signed and filed by the plaintiff and defendant and the couple has lived apart for one year. The separation agreement must meet specific requirements to be considered valid.
Lastly, a divorce can be granted after a judgment of separation has been issued by the Supreme Court and the couple has lived apart for one year. This ground is not often used.
In any case, divorce can be a difficult and emotionally charged process. It is important to understand the legal grounds for divorce and to seek the guidance of an experienced attorney to navigate the process.
How are assets divided in a divorce in NY?
When it comes to divorce in New York, the distribution of assets is handled in a way that is deemed "most fair" to both parties, rather than being split down the middle as in a community property state. The courts take into account various factors related to the marriage and the contributions of each individual. The judges have a considerable amount of discretion in deciding who gets which assets.
It is important to note that asset distribution in New York is not finalized until the end of the divorce process, with certain exceptions being made if the equities of the case warrant it. For example, if a real property is in, or on the brink of, foreclosure, a court may direct its sale before the end of the case to preserve the asset.
Even the distribution of seemingly simple assets such as the family home and retirement accounts can become complex in divorce proceedings. Valuations of common assets can become points of contention. In cases where the divorce is financially complex, there may be assets that are more difficult to identify and distribute or that may be easy to overlook. These assets can be either tangible or intangible and can include commercial and residential real estate, ownership interests in various types of businesses and professional practices, post-marriage appreciation of separate property, stock options, intellectual property, celebrity status and contingent interests.
Some of the most complicated assets to distribute fairly include stock options, restricted stock and contingent interests. These cases may also involve foreign bank accounts or foreign trusts, and "tracing" to locate any hidden assets.
In multimillion-dollar divorce cases, there are many issues that must be evaluated prior to the distribution of marital property. These can include concerns about publicity and business partner resentment, which can be better contained by a divorce lawyer who is experienced in handling such situations.
For wealthy couples, the valuation and distribution of assets can be the most important aspects of the divorce. The selection of a valuation date for a particular asset can make a substantial difference in the amount one gives or receives for it due to any fluctuation in value while the divorce case is pending. In New York, the valuation date must be between the date the divorce action is commenced and the trial date, depending upon what is "equitable." This can lead to substantial disputes, such as whether the appreciation in value of a business or professional practice is the result of the individual's post-commencement efforts or passive market conditions. Valuation date disputes can also involve other types of assets, such as real estate and non-discretionary securities accounts, where the client, not the broker, makes all the trading decisions.
Once these challenges have been overcome and the valuation of the asset has been determined, the next step is to decide how much of that value, or what percentage of it, should be distributed to each spouse based on their respective contributions to the acquisition of the asset, the value and marketability of the asset, and tax consequences of a proposed distribution. This can be a tricky and time-consuming process, but with the help of a skilled divorce lawyer, the process can be made less daunting.
Want to settle out of court? We can help with that
There's a lot of advantages to settling your case out of court. We can help you save time, money, and emotional pain. If you settle out of court, sometimes it can help – sometimes it can hurt. It all depends on how hard you negotiate, and the attorney representing you. While settling out of court, can help you save money in the short term – it can hurt you in the long term. Settling out of court might mean you settle for less. At the Spodek Law Group, our New York divorce lawyers want you to get the results you deserve. You should never have buyers remorse from settling your case. We help you negotiate in a manner that protects your interests. We never compromise, and do everything possible to take your legal issues to court – and get results. Divorce can be a long process, but we don't recommend settling your case prematurely.
There's a number of ways to reaching a settlement in an uncontested divorce. Some couples try to negotiate a settlement before either party files for divorce. Others will finalize during the mediation process. Other spouses try to settle the case during trial. The process can vary depending on what's going on in your case.
If your spouse is cooperating, and you're able to retain a level of civility, it might be easier to reach a settlement out of court. Some spouses have difficulty controlling their emotions. Some will purposefully drag out the court proceedings. They do this for a number of reasons, one of them could be to try to increase the cost of the divorce in order to hurt the other spouse.
Another reason for possible disagreements is agreements about child custody. This is one of the most common reasons for divorces to drag on. For example, if your spouse is suffering from hangovers perpetually, this can be an issue re: domestic violence and child custody rights. If you, and your spouse, can agree on child custody, it's probably going to be easier to settle out of court. The quicker you and your spouse can agree on issues pertaining to children, the easier it is to settle.
Another reason for disagreement is existing marital agreements. If you have a prenup, or postnup, then it may end up settling the issues you have. In some cases though, your spouse/or you, may decide to challenge the nuptial agreement. This is not common, but if you feel like the agreement was done in bad faith – it may be possible to challenge the agreement and dissolve it. In situations like this, it is important to make sure you have legal representation. If you don't have an attorney, it'll be very difficult to challenge the prenup/postnup. If you have a competent NY divorce attorney on your side, it's easier to challenge the agreement.
It's possible to settle a divorce before it goes to court, but it's important to realize this isn't typical. Spouses have differences, and this can create friction when trying to negotiate settlements. We recommend even if you do reach a settlement, – to run it by your divorce lawyer.
Alimony can be a sticking point in divorces, we can help
Alimony can be ordered by a judge. If a spouse is facing hardships without financial support, then spousal support may be considered by the judge. If you need spousal support, we encourage you to bring this to our attention as soon as possible. The deciding factor for spousal support in New York State is whether or not the the spouse in question will be able to maintain himself/herself after the divorce. In other words, the law makes it clear a husband, or wife, shouldn't be forced to live at a level below what they're used to during the marriage.
We can help with 401(k)'s in divorces as well
If you and your spouse have retirement savings, this is very important and a huge part of your financial security. Divorce can throw a huge wrench into your plans. For example, if you had a settlement – with the help of a personal injury lawyer, this settlement could be an issue when facing divorce. As a result, it's good if you speak to our attorneys have your pension plans, 401(k)'s, and other retirement benefits. We will fight tooth and nail to ensure you keep as much of your retirement savings as possible. Under the New York Domestic Relations Law, it's law that the defendant spouse is entitled to a share of the retirement plan proceeds. In case you were married after a 401k/retirement fund was made, the dependent spouse can't claim an interest in the funds. One of the things we can advise you on, is tax planning when it comes to your 401k. Cashing out early can expose you to tax liabilities. We can help you negotiate a settlement which allows you to gain ownership in the funds without having to pay immediate taxes.
We can help you resolve child custody issues after the divorce happens
This is a very important question. Custody is usually divided into two components, physical and legal. Physical means where the children live. Legal refers to who makes important decisions for the children. Both of these custodies can be either joint, or sole. In NY, there are laws which calculate child support payments. The amount is based on each parent's income. If there's a judge presiding over your divorce, then the judge has ultimate authority on child support. The judge has the option to deviate from the guidelines.
Is New York a 50/50 divorce state?
When it comes to property division in a divorce, the state of New York operates under the principle of "equitable distribution." This means that a judge will decide how to divide property and debt in a manner that is deemed fair, but not necessarily equal.
One important concept to understand is the distinction between "separate property" and "marital property." Separate property includes all possessions and property acquired before the marriage, property inherited or given as a gift by a third party, and any compensation for personal injuries. These assets are not subject to equitable distribution laws, and will remain in the possession of the owning spouse.
On the other hand, "marital property" includes any property acquired during the marriage with marital funds. No matter which spouse earned it or whose name appears on the title, it will be considered joint property and will be subject to division by the court.
It's worth noting that separate property can turn into marital property if it was maintained through the use of marital funds, or if it increased in value due to the contributions of both spouses.
When it comes to debt division, the court will also use the principle of equitable distribution. Debts accumulated during the marriage by one or both of the spouses are deemed marital debts and the equal obligation of the parties. However, there may be room for deviation if one party incurs debt in a way that would be deemed unfair to burden the other party.
To protect yourself when it comes to debt allocation in a divorce, it's crucial to gather and retain as much documentary evidence as possible regarding debts incurred during the marriage. This applies whether you claim a debt to be marital, or if you intend to argue that you should not be held responsible for the debts incurred by your spouse. Remember, documentation is key.
Can I change my name at the time of divorce in NY?
Going through a divorce can be a difficult and emotionally taxing experience, and for many New Yorkers, it's also a time when they may wish to revert to their maiden name. But how exactly does one go about changing their last name post-divorce? Don't worry, the process is not as complicated as it may seem.
First things first, you'll need to finalize your divorce and make sure that your divorce judgement includes a provision that authorizes your name change. This is standard procedure in most divorce decrees, but if for some reason this provision was left out, don't fret. You can contact the court handling your case to see if the document can be amended, or if that's not an option, file a name change petition.
Now, what documents do you need to legally change your name after divorce? You'll need a certified copy of your Judgment of Divorce, proof of identification (such as a driver's license or passport), and proof of age (like a birth certificate or hospital records). Don't have any of these on hand? No problem, you can request them and purchase a certified copy of your Judgment of Divorce from the County Clerk's office in the county where your divorce was granted. Just be aware that there may be a small fee, depending on the county and number of pages in the final decree.
Once the legalities are taken care of, it's time to notify the appropriate parties of your name change. This includes your employer, family members, friends, and government agencies such as the U.S. Postal Service, Department of Motor Vehicles, and Social Security Administration. Don't forget to update your information with financial institutions, health insurance companies, healthcare providers, and your children's school.
Now, you may be wondering, is there a time frame for changing your name in New York? The short answer is no, there isn't a set time frame, but some couples opt to include a stipulation in their final divorce decree outlining a time frame. Most couples proceed with a name change once their divorce has been finalized.
So there you have it, a step-by-step guide on how to change your last name after divorce in New York. It may seem daunting, but with a little bit of organization and patience, you'll be able to confidently reclaim your maiden name.
Can I get an annulment in New York?
The end of a marriage is often a difficult and emotional process, but it doesn't have to be a one-size-fits-all situation. While divorce may seem like the only option, there is another path to consider: annulment.
Annulment is a legal process that retroactively declares a marriage to be void or invalid from the very beginning. It may be an attractive alternative for those with religious or cultural objections to divorce. However, it's important to note that annulment is only granted in very limited circumstances by the state of New York.
There are two types of marriages that can be annulled: void and voidable. A void marriage is one that is bigamous, incestuous, or performed by an unauthorized person. These marriages are considered unlawful and will never be recognized as valid in New York. A voidable marriage, on the other hand, can be annulled if one or both spouses can prove to the court that they have legal grounds to do so.
There are only five recognized grounds for annulment in New York: at least one spouse was a minor at the time of marriage, at least one spouse suffered a mental incapacity that rendered them unable to consent, the union took place under fraud, coercion, or duress, at least one spouse suffers from incurable mental illness or insanity, or at least one spouse is unable to have sexual intercourse. However, it's important to note that in some cases, the claim to annulment may be "waived" even if the grounds are valid.
The process of obtaining an annulment can be more complicated than getting divorced. Unlike divorce, there are no "uncontested" annulments that allow the parties to avoid court. Each petition requires a hearing and a trial. The petitioner must present evidence that proves at least one of the grounds for annulment has been met. It's highly recommended that you seek the guidance of an experienced New York divorce lawyer to help you navigate the legal paperwork and state laws, rules, and procedures.
An annulment may not be the right choice for everyone, but it's worth exploring as a viable option. With the help of an experienced lawyer, you can determine if you are a good candidate for annulment and present your case to the court.
When can I file for divorce in New York?
Navigating the often overwhelming and confusing world of divorce can be a daunting task. But with the right resources, knowledge, and guidance, the process can be made much simpler. If you're considering getting a divorce in New York, there are a few key things you need to know and steps you need to take in order to ensure a smooth and successful outcome.
First and foremost, it's important to understand the residency requirements. In order for New York courts to hear your case, you must be able to demonstrate that either you or your spouse have lived in the state for at least one year prior to filing for divorce.
Next, you'll need to familiarize yourself with the grounds for divorce in New York. The state recognizes seven grounds on which you can base your divorce, including: relationship breakdown for at least six months, inhuman and cruel treatment, abandonment, adultery, imprisonment of a spouse for three or more years, separation, and judgment separation.
If your divorce is considered "uncontested," meaning that you and your spouse agree on the terms of the divorce or your spouse does not respond to your complaint, you'll need to gather the necessary information in order to complete the forms. This includes things like your name and address, a copy of your marriage certificate, any agreements or settlements reached with your spouse, a list of joint or separate property and debts, and any Orders for Protection.
Once you've gathered all of the necessary information, it's time to prepare and file the forms. New York courts require a relatively large number of forms, which vary depending on whether or not you have children. After making sure that your forms are correct and complete, you'll need to file a Summons and Complaint with your County Clerk's Office. Some courts also allow for e-filing, so be sure to check the e-filing county list to see if this option is available to you.
After filing, you'll need to serve the forms to your spouse, which must be done within 120 days of the filing date. You can't personally serve your spouse, so you'll need to assign another person who is a resident of New York and over the age of 18 to do this for you.
If your spouse agrees to the divorce, they'll need to return a completed form within 40 days of receiving the papers. If they fail to respond, this is considered a "default." However, if they file an answer disagreeing with anything in your divorce papers, the divorce is no longer considered uncontested.
Finally, it's time to get your case on the court calendar. Whether your spouse agrees to the divorce or defaults, you'll need to take this step in order to move forward with the process. Remember, the key to a successful divorce is having the right resources, knowledge, and guidance. With this in mind, you'll be able to navigate the process with confidence and emerge on the other side with a brighter future ahead.
Get Your Free Consultation Today
Don't face your divorce alone. Let our experienced attorneys guide you through every step.