Divorce

New York City Divorce Lawyer

Top-Rated Divorce Representation in New York City

Every divorce is unique. Our skilled New York City divorce lawyers handle both simple and complex cases with expertise.

Uncontested vs. Contested Divorce in New York

  • - Uncontested: If you and your spouse can agree on the terms of your divorce, your New York City divorce attorney can act as a mediator and establish the details and conditions of your divorce.

  • - Contested: If there is contention and disagreement in the divorce, then a judge will decide your future.

How Long Does a Divorce Take in New York?

The earliest possible date for a final divorce hearing is 31 days after the date of service. Typically, most uncontested divorces take at least 45 days or longer to finalize. In contested cases, where spouses cannot reach an agreement, the divorce process can extend for several months or even years.

It’s best to discuss your specific situation with your NYC divorce attorney to understand the timeline and what to expect in your case.

Is New York a Community Property State?

New York follows equitable distribution, meaning assets are divided fairly—not necessarily equally.

Other Family Law Matters

Other family law matters we can assist you with include:

  • - The drafting of prenuptial agreements

  • - Parental alienation issues

  • - Same sex marriage

  • - Marriage Equality Act in New York

  • - Domestic violence (including orders of protection)

  • - Rights of grandparents and fathers (including paternity issues)

Divorce Cases

Our Satisfied Clients

Kind Words From Real People

“Mr. Perez was by far the best NYC criminal defense lawyer I have ever had represent me.”

Mr. Perez was by far the best NYC criminal defense lawyer I have ever had represent me. (I have had quite a few run-ins with the law!) He is by far the best. He got my charges dismissed at trial. He's the man. If you are in trouble this is your guy. Thanks Mr. Perez for your help. I am happy to write this review for you.

- Happy Client

“Outstanding”

Mr. Perez was outstanding during my case, which started back in 2009, as I was placed on deportation proceedings. Not only did he save my life, but also my family. Each time we spoke with him, he always calmed us down. He is very professional and knowledgeable about his job. Thank you for all you did!

- Client

“Fast, honest, dependable and affordable.”

Excellent attorneys! Fast, honest, dependable, and affordable. These lawyers know how to defend against criminal charges, and they know the meaning of customer service.

- Happy Client

“He is very responsible, loyal, & trustworthy.”

He is very responsible, loyal, & trustworthy. I have a court case with my daughter's mom where she wants to remove my daughter from my life. Mr. Perez makes sure that I get all my rights as her father. He fights for my daughter as if he fought for his own.

- Family Client

What Sets Us Apart?

Accessible to Clients 24/7 for emergencies only

Career Trial Lawyers & Professional Litigators

A Long Track Record of Positive Verdicts

Recipient of Avvo Clients' Choice & 10.0 Superb Awards

Why You Need Our New York City Divorce Attorney

At H. Benjamin Perez & Associates, P.C., our New York City divorce lawyers have years of experience representing clients in a wide range of family law matters. We are bilingual trial attorneys (Spanish and English), deeply committed to protecting our clients’ best interests through thorough case preparation and compelling courtroom advocacy.

Frequently Asked Divorce Questions:

1. What is a mediated divorce?

A couple that has chosen to end their marriage but is still capable of constructive communication and cooperation can use mediation to carry out their divorce. A trained mediator can act as a neutral third party to facilitate discussion, representing neither the husband nor the wife. The mediator will also act to ensure that every relevant question is fully addressed before bringing the petition for divorce to the court for approval.

2. How much will getting a divorce cost me?

The cost of a divorce is generally proportional to the complexity and amount of work involved. That’s why it’s essential to work with an experienced New York City divorce attorney who can effectively manage every aspect of your case. Inexperienced or ineffective legal representation can cause unnecessary delays, prolonging the process and significantly increasing costs.

For this reason, we encourage couples to pursue collaborative divorce whenever possible.

3. What are the grounds for divorce in New York?

Until 2010, New York had strict legal requirements for obtaining a divorce. Spouses were required to prove grounds such as cruel and inhuman treatment, abandonment for at least one year, or adultery. Other acceptable grounds included the imprisonment of a spouse for three or more years following the marriage, or obtaining a legal separation before filing for divorce.

Today, New York allows no-fault divorce, which means a spouse may file for divorce based on the irretrievable breakdown of the marriage for at least six months.

4. How does the court determine child custody?

The primary guiding principle the court applies in custody cases is: “What is in the best interests of the children?” Whether custody is determined by a judge or based on a parenting plan mutually agreed upon by the parents, it must be shown that the arrangement supports the emotional and physical well-being of the children.

The same standard applies to decisions regarding child support, visitation, and grandparents’ rights.

Our compassionate New York City divorce lawyer is prepared to help you navigate your situation as smoothly as possible.

Call (646) 770-0989 to get started