Manhattan Divorce Lawyer

Assisting Clients With The Divorce Process in New York

If you’re considering divorce, you may have a number of concerns. How will the court divide your property? Will your debt be split evenly between the two of you? Will you have a say in matters that affect your children, like custody or visitation?

Because of these concerns as well as the emotional upheaval, divorce can be an incredibly stressful experience for everyone involved. As such, you’ll need a New York family law attorney whose goal is to give you the peace of mind you deserve. At the Law Office of Patricia M. Machado, P.C., our Manhattan divorce attorney is here to support you from beginning to end. With 20+ years of legal experience, she is fully prepared—and personally determined—to achieve the best possible result on your behalf.

To learn more about what our Manhattan divorce attorney can do for you, call (646) 355-1560 or reach out to us online. We offer services in English and Spanish.

Requirements For Divorce in New York

In New York, only the Supreme Court judge can grant a divorce, which is defined as the legal end of a marriage. As such, you will not be able to officially end your marriage through Family Court (although you may go through Family Court to resolve issues like custody and child support).

To qualify for divorce, you must meet two requirements:

• Residency—you and/or your spouse have lived in New York for one year or longer; and
• Grounds—one or more legal reasons for divorce. These reasons include cruel and inhumane treatment, abandonment, adultery, confinement in prison for 3 or more years, irretrievable breakdown of the relationship for at least six months, and living separate and apart after obtaining a separation judgment, decree, or agreement.

Contested Vs. Uncontested Divorce

The most critical factor that determines how long this process will take and how much it will cost is whether the divorce is contested or uncontested. Your divorce is uncontested if both you and your spouse want to get a divorce AND you agree on all terms (e.g. finances, child custody, property division, etc.).

Your divorce is contested if:

• One of you does not want to get a divorce
• You disagree on the grounds for divorce
• You disagree on terms of the divorce

Contested divorces can be time-consuming, and each of you will need to go to the Supreme Court several times. This is why some couples may choose to undergo some form of alternative dispute resolution, such as mediation or collaborative family law in Manhattan.

Do not feel pressured, however, to use alternative dispute resolution if you don’t feel safe around your spouse. Our NY law firm assists clients who have experienced domestic violence, and we are here to help protect you and your children.

Is New York a Fault or No-Fault Divorce State?

One of the first considerations when embarking on the divorce journey in New York is whether the grounds for divorce are fault-based or no-fault. New York is unique in that it offers both options, allowing individuals to choose the path that aligns with their specific circumstances.

In a fault-based divorce, one spouse must establish that the other is responsible for the marriage breakdown. Common grounds for fault-based divorce in New York include adultery, cruel treatment, abandonment, and imprisonment. Successfully establishing fault can influence divorce proceedings, like property division, spousal support, and child custody.

In a no-fault divorce, the grounds for dissolution are based on the irretrievable breakdown of the marriage for a specified period, typically six months. Opting for a no-fault divorce often expedites the legal process, minimizing conflict and allowing couples to focus on rebuilding their lives. Our Manhattan divorce lawyers have extensive experience facilitating no-fault divorces, guiding our clients through the paperwork and negotiations to achieve an amicable resolution whenever possible.

How Long Does the Divorce Process Typically Take in NY?

In New York, the divorce process can vary in length depending on several factors, such as whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all terms, can take as little as three months to finalize. However, a contested divorce, involving disputes over issues like child custody or asset division, can take much longer, often ranging from nine months to over a year, depending on the complexity of the case and court schedules.

Understanding Family Divorce in Manhattan: Local Insights 

Living in Manhattan, you are likely familiar with the fast-paced lifestyle and the unique challenges that come with it. When it comes to family divorce, these challenges can be even more pronounced. The dense population and high cost of living in New York City can add layers of complexity to the divorce process, especially when it comes to property division and child custody arrangements.

Personalized Divorce Services

Manhattan's diverse community also means that language barriers can be a significant pain point for many families going through a divorce. At the Law Office of Patricia M. Machado, P.C., we offer services in both English and Spanish to make sure that language is never a barrier to receiving quality legal support.

Another common concern for Manhattan residents is the equitable distribution of property. Given the high property values in areas like the Upper East Side and Tribeca, ensuring a fair division of assets is crucial. Our Manhattan divorce attorney is well-versed in navigating these complexities, taking into account factors such as the duration of the marriage, each spouse's income, and future financial circumstances.

For those dealing with domestic violence, the New York City Mayor's Office to End Domestic and Gender-Based Violence provides essential support services, including emergency housing and legal assistance. Our law firm is committed to working closely with you to protect your safety and well-being throughout the divorce process.

By understanding the unique challenges and resources available in Manhattan, we are better equipped to provide you with the personalized support you need. Whether you're concerned about property division, child custody, or ensuring your safety, our Manhattan divorce attorney can guide you every step of the way.