Frequently Asked Questions on Family Law Matters in New York

New York divorce laws are complex, and it’s rarely advisable to move forward without consulting an experienced divorce attorney. If you and your spouse have already resolved issues relating to property division, parenting, and finances, and your case is uncontested, you may qualify for a Do-It-Yourself Uncontested Divorce. However, if disagreements remain regarding child custody law, child support law, or property division—and if there are no domestic violence concerns—divorce mediation may be a cost-effective alternative to litigation.

Under New York law, one spouse must file for divorce and personally serve the summons on the other spouse. If you cannot locate your spouse, you may petition the Supreme Court Clerk’s Office for permission to use an alternate method of service. A knowledgeable family law attorney can guide you through this process and ensure proper compliance with service requirements.

An uncontested divorce occurs when both parties agree to end the marriage and have reached a settlement on financial matters, child custody, visitation, and marital property. In such cases, having a family law firm review your agreement ensures that your rights and future interests are fully protected.

A contested divorce arises when one spouse opposes the divorce itself, disputes the legal grounds, or cannot agree on issues such as finances, parenting arrangements, or property distribution. In these cases, representation by a skilled divorce attorney is essential to protect your interests throughout litigation.

Under child support law, a non-custodial parent is required to provide financial assistance to the custodial parent for children under the age of 21. The court calculates support using statutory guidelines that consider parental income, the number of children, and other expenses such as childcare, education, and medical costs. An experienced family law attorney can help ensure support is calculated fairly and in compliance with the law.

Child custody law governs both legal custody—the authority to make major decisions about a child’s upbringing—and physical custody, which determines where the child primarily lives. Courts generally grant the non-custodial parent rights under child visitation law to encourage meaningful relationships with both parents.

In custody cases, judges evaluate the child’s best interests by reviewing several factors: each parent’s caregiving history, the stability of the home environment, the ability to provide emotional and intellectual support, sibling relationships, and any history of abuse or domestic violence. Working with an experienced family law attorney ensures your case is presented effectively.

In New York, marital assets are divided under equitable distribution law, which requires a fair—not necessarily equal—division of property. Courts consider factors such as each spouse’s financial contributions, debts, and property acquired during the marriage, while excluding separate property like inheritances and premarital assets. A divorce attorney can help protect your financial interests during this process.

Spousal support law—also referred to as spousal maintenance law—allows one spouse to seek financial assistance from the other during or after divorce. Factors such as the length of the marriage, earning capacity, age, health, and contributions to the household are all considered. Temporary support may also be available during the divorce process. A skilled family law attorney can assess your eligibility and advocate on your behalf.