New York City Divorce Attorneys

Compassionate and Knowledgeable Divorce Attorneys in New York City

In a divorce, the goal is to resolve the matter as quickly as possible with as little stress as possible by negotiating a favorable settlement agreement without court intervention. However, if the parties absolutely cannot reach an agreement, Tully Rickey’s team of dedicated family and matrimonial attorneys will represent your interests aggressively in court to secure the best possible outcome for your case.

Our New York State team of divorce lawyers has over 100 years of combined experience practicing law to secure our clients’ wishes. We routinely assist individuals throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island, Long Island and Westchester.

Before commencing divorce proceedings in New York, you must satisfy residency requirements and meet one of the grounds for divorce.

What are the Residency Requirements for obtaining a divorce in New York?

In order to be granted a divorce, the residency requirements must be met. To file for a divorce in New York, you must satisfy one of the following residency requirements:

• You or your spouse must have been living in New York State for a continuous period of at least two (2) years immediately before the date you start your divorce action; or
• You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one (1) year immediately before the date you start the divorce action, and at least one of the following must also be true:

1. 1.  Your marriage ceremony was performed in New York State; or
   2.  You lived in New York State with your spouse as husband and wife

• You or your spouse must have been living in New York State for a continuous period of at least one (1) year immediately before the date you started your divorce action, and your grounds for divorce must have happened in New York State.
• You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State.

What are the Grounds for obtaining a Divorce in New York?

A divorce in New York can be granted on either no-fault or fault-based grounds.

No-fault Divorce:

Individuals can seek a “no-fault” divorce if at least one party states under oath that the parties agree that the marriage has “broken down irretrievably” for a period of no less than six months prior to the commencement of the divorce proceedings; however, no judgment of divorce shall be granted unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel fees and expenses, as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce. This ground appeals to parties seeking a divorce because it sets the most streamlined course for obtaining a divorce.

Proving fault in a divorce can be challenging, but the family law attorneys at Tully Rinckey are here to help ensure that your rights are protected. Below are the fault-based reasons that couples in New York are permitted to use as grounds for action:

• Adultery
• Cruel and Inhuman Treatment
• Abandonment – physical or sexual
• Imprisonment
• Living separate and apart pursuant to a separation agreement
• Living separate and apart pursuant to a separation judgment or decree

What are the Laws Regarding Legal Separation in New York?

Deciding to have a legal separation is an alternative to a divorce if you are not entirely ready to dissolve your marriage. A legal separation entails physically separating from your spouse and setting down a written agreement resolving the issues of custody, child support, who resides in the marital residence, and other financial matters relevant to the marriage.

How is Marital Property in a Divorce Distributed in New York?

New York State uses equitable distribution when dividing marital property. As such, a clear distinction must be made between what is considered “separate property” and “marital property”.

Separate property is defined as the following:

• property acquired before the marriage
• property acquired by bequest, devise, descent (i.e., an inheritance)
• gifts to one spouse from anyone other than the other spouse. However, it is often disputed whether a gift was to one or both spouses, the latter making it marital property.
• compensation for personal injury cases, but only that part which constitutes punitive damages and pain and suffering.
• separate property acquired in exchange for separate property.
• appreciation of the separate property will be considered separate property if the non-titled spouse contributed towards the appreciation.
• property designated as separate by a validly executed marital agreement as defined in prenuptial or postnuptial agreement

Marital property is defined as any property which is not within the definition of separate property and is any property that is acquired by either party during the marriage, regardless of who actually owns the asset. Thus, a business interest, real estate, bank accounts, and pensions are marital property and are subject to equitable distribution. Likewise, portions of personal injury awards covering lost wages are also marital property, as is an appreciation of separate property when the non-titled spouse can show a contribution towards the appreciation.

Because there are so many details involved in determining how to divide property, it is important to work with our experienced New York City matrimonial attorneys to ensure that your rights are protected and that you receive your fair share of property and assets in a divorce settlement.

What are the Rules Regarding Maintenance?

In New York, either spouse may be awarded maintenance, also known as spousal support. The court shall examine several factors when determining maintenance, including but not limited to each party’s income, duration of the marriage, lifestyle prior to marriage, tax consequences, whether the spouses have children together, and many other matters. However, when going through a divorce, if you qualify for maintenance, your spouse may not be keen on paying maintenance. It is very important to hire an attorney who will aggressively represent and defend your interests and rights.

Why Choose Tully Rinckey to Help With Your Divorce?

If you are ready to end your marriage, you deserve both respect and honesty. Our attorneys have over 100+ years of practice assisting families with their specific family law matters; so, you can rest assured that we have seen cases similar to yours and can give you the guidance needed to realize your goals. We will be with you every step of the way and ensure that you are both comfortable and knowledgeable about the divorce process moving forward.

Our attorneys have practiced in many of New York City’s Family and Supreme Courts, including those in the five boroughs—Manhattan, the Bronx, Brooklyn, Queens, Staten Island—, Long Island, and Hudson Valley. With a team of attorneys located across New York State and access to online consultations and booking, we can assist you at any time and bill at lower rates than competing firms.