Frequently Asked Questions

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The length of time it takes to get a divorce in New York Family Law & Mediation can vary depending on factors such as the complexity of the case and whether or not there are disputes that need to be resolved. In general, an uncontested divorce can take as little as a few months, while a contested divorce can take a year or more.

Joint custody in New York Family Law & Mediation means that both parents share legal and physical custody of the child. Sole custody means that one parent has legal and physical custody of the child, and the other parent may have visitation rights. The court will determine custody based on the best interests of the child, taking into account factors such as the child's relationship with each parent and each parent's ability to care for the child.

A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of a divorce or separation. It can also address issues such as spousal support and inheritance rights. Prenuptial agreements are becoming more common in New York Family Law & Mediation, especially among couples who have significant assets or businesses.

 The preliminary conference is your first appearance in your divorce action. At this appearance, you should have your statement of net worth completed. You will also complete a preliminary conference order. The court typically tries to get an understanding of your case at this court appearance.  

 You can call the courthouse and ask. You can also look on e-courts to see if the judgment has been signed. The answer varies from courthouse to courthouse.  

 A safe bet is business casual. 

 Equitable Distribution is the division of assets and debts. To figure out equitable distribution, you need to identify every asset and debt acquired during the marriage. You may also need to look at assets and debts acquired before the marriage. 

 There are a few ways to figure out your child support obligation. You can use a child support calculator, refer to the child support standards chart or estimate your child support income by multiplying your income by 17% for one child or 25% for two children. For a more accurate estimate, deduct your social security taxes, Medicare taxes and NYC/Yonkers taxes (and spousal support obligation, if any) from your gross income and then multiply by 17% for one child or 25% for two children. This answer assumes that you are paying child support and spousal support.  

 Like child support, there is a formula for calculating a spousal support obligation. I recommend that you use a spousal support calculator to run the calculations. When you run the calculations, keep in mind that the support formula is a guidelines amount. Also, keep in mind that the amount of the support award may need to be adjusted for income tax purposes.    

 Assuming that you do not have a settlement agreement, you can stop paying child support when your child is emancipated. A child is typically emancipated at 18 years old if self-supporting (I have yet to see this happen), the child enters the military, the child marries or the child turns 21 years old.  

 Probably, yes. However, if the child refuses to see you or the custodial parent will not let you see the child, then you can ask the court to stop your child support obligation. This is very difficult to prove since you need to show the court that you attempted to have a relationship with the child and you don't have a relationship with the child because of the child or the custodial parent. Again, you must make every effort to have a relationship to win on this claim.  

 Try to resolve this issue through attorneys or mediators. If that does not work, you may need to go to court. For this very reason, the court will issue orders that allow the non-custodial parent to see his or her child.  

 New York is an equitable distribution state, which means marital assets are divided fairly — but not necessarily equally — in a divorce. The court considers factors including the length of the marriage, each spouse's income and earning capacity, contributions to the marriage (financial and non-financial), and the needs of each party going forward. Equitable distribution applies to all assets acquired during the marriage, including real estate, retirement accounts, business interests, and investments. Assets owned before the marriage or received as gifts or inheritance may be considered separate property — though this can become complicated if those assets were commingled with marital funds. 

 In New York, child custody decisions are based on the best interests of the child. Courts consider factors such as each parent's ability to provide a stable home, the child's relationship with each parent, each parent's work schedule, any history of domestic violence or substance abuse, and in some cases the child's own preferences depending on their age and maturity. Custody can be sole or joint, and it covers both legal custody (decision-making authority) and physical custody (where the child lives when). Many families resolve custody through mediation, which allows parents to design a parenting plan that works for their specific family rather than having a judge impose one 

 A legal separation in New York allows spouses to live apart and divide their finances and responsibilities without formally ending the marriage. The terms of the separation are set out in a separation agreement, which is a legally binding contract, and the court issues a judgment of separation instead of judgment of divorce. Couples may choose separation over divorce for religious reasons, to maintain health insurance coverage, or simply because they are not yet ready to divorce. If the parties live apart under a separation agreement for one year, that agreement can serve as the basis for a conversion divorce in New York — meaning the divorce process is significantly simplified 

 The timeline for a divorce in New York depends largely on whether it is contested or uncontested. An uncontested divorce — where both parties agree on all terms — can be finalized in as little as three to six months, though court processing times in Queens and New York City can vary. A contested divorce, where the parties cannot agree and the matter goes to trial, can take one to three years or longer. Mediation is one of the most effective ways to convert a potentially contested divorce into an uncontested one, dramatically reducing both the timeline and the cost. 

 An Order of Protection is a court order that restricts one person's contact with another. In New York family court, Orders of Protection are commonly issued in cases involving domestic violence, harassment, stalking, or threats. A temporary Order of Protection can be granted the same day you apply, without the other party being present. A final Order of Protection is issued after a hearing. Violating an Order of Protection is a criminal offense in New York. If you or your children are in immediate danger, contact law enforcement first. Our firm can help you understand the process and your options for obtaining protection through the family court system.  

 Yes. Child support orders in New York can be modified if there has been a substantial change in circumstances — such as a significant change in either parent's income, job loss, a change in the child's needs, or if three years have passed since the order was last set or reviewed. Modifications must be approved by the court. Mediation can be an effective and less expensive way to negotiate a modified child support agreement that both parties can agree to, which is then submitted to the court for approval.

 Under New York law, grandparents may petition the court for visitation rights — and in some cases, custody — if it is in the best interests of the child. Grandparents have standing to petition if one or both parents are deceased, or if there are equitable circumstances that justify court intervention, such as an existing close relationship between the grandparent and grandchild that a parent is interfering with. Grandparent rights cases can be emotionally difficult and legally complex. Our firm can help grandparents in Queens and the surrounding area understand their options and navigate the family court process.  

Dividing real estate and property is one of the most complex parts of any divorce — even a DIY uncontested one — and it is the area where people most often make mistakes that are difficult, expensive or impossible to fix later. 

If you and your spouse own a home or other property together in New York, you will need to decide and document one of the following in your settlement agreement: 

— One spouse keeps the home — this typically requires refinancing the mortgage into that spouse's name alone, and may involve a buyout of the other spouse's equity share — You sell the home and divide the proceeds — the agreement should specify the timeline for listing, how the sale proceeds will be split, and what happens if the home does not sell within a certain period — You defer the sale — common in situations where children are involved and one parent wants to remain in the home until the children finish school, with a future sale date agreed upon 

Beyond the marital home, all marital property must be addressed — retirement accounts, investment accounts, vehicles, business interests, and debts. New York is an equitable distribution state, meaning marital property is divided fairly — but fairly does not always mean equally, and what you agree to in writing becomes legally binding. 

This is where DIY divorces most often go wrong. Vague language in a property agreement can lead to costly disputes or waiver of rights years after the divorce is final. Our attorney review service ensures your property division is clearly written, legally enforceable, and protects your financial future — not just today, but long term.

 You are not legally required to have an attorney to get divorced in New York, but having professional guidance — whether through an attorney or a mediator — is strongly advisable. Divorce involves legally binding decisions about your finances, property, children, and future. Mistakes made in a settlement agreement can be difficult or impossible to reverse later. At New York Family Law & Mediation, PLLC, we offer mediation as a cost-effective alternative to full legal representation, while still ensuring that your agreement is thorough, fair, and properly formatted for the New York court system. With over 20 years of experience serving Queens families, we are here to make sure you get it right 

Filing for an uncontested divorce in New York requires a specific set of court forms that must be completed accurately and submitted in the correct order. The list of forms can be found on the court’s website.

An incorrectly completed packet of forms is one of the most common reasons uncontested divorces get rejected or delayed. Our attorney review service ensures your forms are complete, accurate, and ready to be accepted by the court the first time. 

New York is a no-fault divorce state, which means you do not need to prove that either spouse did anything wrong in order to get divorced. The most commonly used ground for an uncontested DIY divorce in New York is the irretrievable breakdown of the marriage for a period of at least six months — meaning the relationship has been broken beyond repair for six months or more. 

This makes the DIY divorce process significantly more straightforward because you do not need to gather evidence of wrongdoing or prove fault in court. You simply need to state that the marriage has irretrievably broken down, meet New York's residency requirements, and resolve all outstanding issues — such as property, support, and custody — before the judge will sign off on your divorce. 

If you are using any other grounds for divorce other than irretrievable breakdown of the marriage, we recommend you consult with an attorney. Using any other grounds for divorce will likely delay divorce processing.

This is one of the most important questions to answer before you begin the DIY divorce process.  

If your spouse refuses to respond, disagrees on any issues, or cannot be located, a DIY uncontested divorce may not be the right path. In that case, the divorce could become contested or and require additional legal steps. Our attorney review service helps you assess exactly where you stand before you invest time and money in filing. 

 A fully litigated divorce in New York City can cost tens of thousands of dollars. Doing it entirely on your own without any legal guidance puts your rights — and your future — at risk. Combining your DIY Divorce with our Attorney Review service gives you the best of both worlds: you stay in control of your process and your costs, while a New York family law attorney makes sure every document is correct, every right is protected, and nothing is left to chance.