New York City Divorce Lawyers

When going through a divorce, it can be contested or uncontested:

• Contested: A divorce is contested when the petitioner (the spouse who initiated the divorce process) and the respondent (the spouse who receives the divorce papers) cannot agree on all the terms in the petition. Even one significant disagreement will result in a contested divorce, requiring additional legal steps to reach a resolution.
• Uncontested: A divorce is uncontested when both the petitioner and respondent agree to all terms set out in the divorce petition. These cases often move quickly and at lower legal cost, but even in uncontested cases, it is wise to work with a divorce lawyer in New York City to avoid unexpected complications.

To conclude a divorce, there may be multiple legal avenues available to you and your spouse. Our divorce attorneys in New York City can guide you through each of these processes, helping determine which route offers the greatest benefit in your situation.

Within New York City, it is important to understand that even if a divorce appears straightforward at the outset, issues regarding assets, children, or finances can quickly turn an uncontested divorce into a contested dispute. Engaging a divorce attorney in New York City from the beginning allows us to develop strategic approaches to negotiation, protect your rights, and reduce unnecessary conflict. Many couples around Manhattan and the five boroughs achieve more amicable, cost-effective results using early mediation or collaborative approaches that often keep divorce matters out of the courtroom. At Berkman Bottger Newman & Schein, our familiarity with New York City’s courts and divorce processes enables us to tailor our representation to your unique needs and the realities of the city's legal landscape.

Divorce can be resolved through the following options:

• Litigation: A contested divorce may need to be resolved in court, requiring a judge's final determination on disputed issues. Our divorce lawyers in New York City ensure your interests are fully represented throughout this process.
• Mediation: Divorce mediation in New York City uses a neutral third-party mediator to facilitate communication and work toward a fair, court-recognized agreement, giving families more control and flexibility.
• Collaboration: In a collaborative divorce, both parties commit to resolving issues outside the courtroom—and even agree not to threaten litigation. This approach is often best for spouses willing to work together in good faith.
• Negotiation: During divorce negotiation, both spouses are represented by their own divorce attorneys in New York City, and the attorneys work to develop an agreement through documentation, meetings, and correspondence. This process may lead to mediation, collaboration, or litigation, depending on its outcome.

Child Custody & Support in New York City

Determining child custody and support is often the most sensitive and important aspect of any divorce in New York City. Local courts always prioritize the best interests of the child when deciding on custody, taking into account the living situations of both parents, the child’s relationships, and the ability of each parent to provide stability. Our divorce lawyers in New York City guide clients through these procedures, developing detailed parenting plans that smoothly address daily arrangements, holidays, and special schedules. We also address NYC-specific concerns—such as how school zoning, inter-borough travel, and extracurricular activities may affect plans and support needs.

When determining child support, New York courts primarily follow set guidelines, but the city’s exceptionally high costs, specific childcare expenses, and special needs can affect the final calculation. At Berkman Bottger Newman & Schein, we ensure that all relevant details are documented and presented, defending your rights and seeking the best outcomes for your children. Clear communication and a collaborative approach are at the core of our client service, allowing you to achieve arrangements that protect your children’s well-being and provide peace of mind for your family.

Every divorce is unique due to the many personal, legal, and financial details involved. However, most divorces in New York City follow a similar process. Our divorce attorneys in New York City support you throughout each step, addressing any complications as they arise and ensuring your interests are protected.

In New York City, divorce cases are handled through the Supreme Courts of each borough, including the New York County Supreme Court in Manhattan. Before filing, you must satisfy the state’s residency requirements—usually, either spouse must have lived in New York for a set period. NYC divorce filings can be especially complex due to the high value of property, business interests, or international assets many residents hold. Our approach ensures you have all the necessary documentation and meet every requirement, streamlining your journey through both city and state legal processes.

A basic overview of the divorce process in New York City includes:

1. Meeting New York State residency requirements, often requiring that you and/or your spouse have lived in the state for at least two years, or meet alternative criteria.
2. Naming the legal grounds for divorce, including the commonly used “irretrievable breakdown” of the marriage for at least six months.
3. Filing for divorce with the proper Supreme Court and clerk’s office within your borough.
4. Serving the respondent or defendant with the divorce papers or petition.
5. Receiving the other spouse’s response to the petition.
6. Scheduling follow-up steps to resolve the divorce, which can include mediation sessions, negotiation, and, when necessary, court hearings.

Your divorce will conclude when a judgment from the family law court accepts and enters the final divorce agreement, or sets the terms following litigation.

As you approach divorce, it’s completely normal to feel uncertain and overwhelmed. Drawing from our years of collective experience, our divorce attorneys in New York City have developed essential guidelines to help you enter this new chapter with confidence. Take these practical steps and avoid common missteps—our goal is to put you on solid footing for all that lies ahead.

What to Do During a Divorce

Before beginning the divorce process, take the following steps to help your case proceed smoothly:

• Be honest with your attorney and promptly respond to all information requests.
• Create a thorough inventory of all marital and separate property, with estimated values.
• Gather and organize financial records, including tax returns, bank statements, investment statements, loan documents, and records of property transactions.
• Maintain a list of your children’s regular activities and your own involvement in them.
• Prepare a monthly budget that includes expenses for you and your children.
• Think about your important needs, interests, and priorities before meeting with your divorce attorney in New York City.

What to Avoid During a Divorce

Avoiding common mistakes can help facilitate a smoother process and outcome for all parties. Keep these points in mind:

• Do not involve your children in the details of the divorce case.
• Try not to argue with your spouse, especially in front of your children.
• Avoid making negative comments about your spouse to or in front of your children.
• Do your best not to become overly emotional about your divorce in the presence of your children—it could increase their own stress or insecurity.
• Unless advised by your attorney due to safety reasons, do not deny your spouse access to your children.
• Only change the locks to your residence if instructed by your attorney.