New York Family Law Attorneys

At DearLegal, we connect you with experienced New York family law attorneys who can navigate New York’s equitable distribution and the post-2010 no-fault framework. Whether you’re in Manhattan, Brooklyn, Queens, the Bronx, Long Island, Westchester, or upstate, we’ll match you with the right attorney — at no cost to get started.

Uncontested divorces in New York typically finalize 3–6 months after filing (depending on court backlogs in venues like Manhattan or Brooklyn). Contested cases generally take 12–24 months or longer in heavy NYC dockets.

Yes — since October 2010. Under DRL § 170(7), New York allows divorce on the ground that the marriage has broken down irretrievably for at least 6 months. New York retains 6 fault grounds (cruel and inhuman treatment, abandonment for 1+ years, imprisonment for 3+ years, adultery, decree of separation, and 1-year separation under a written agreement).

For no-fault under § 170(7), only that the marriage has been broken for 6+ months (a verbal assertion). For ground 5 (decree of separation) or ground 6 (separation agreement) — 1 year of separation required. Most modern divorces use § 170(7) and avoid the separation requirements.

New York is an equitable distribution state. Marital property is divided equitably (not necessarily equally) under DRL § 236(B)(5) across 14 factors including income and property at marriage and filing, duration, age and health, need to occupy marital home, loss of inheritance, contributions to acquisition (including homemaker), tax consequences, dissipation, and others. Separate property (premarital, gifts, inheritance, compensation for personal injury) remains with the owner.

New York applies a best-interests standard under DRL § 240 and Eschbach v. Eschbach factors — quality of the home environment, parental guidance, financial stability, parental fitness, sibling and family relationships, child’s wishes, and any history of domestic violence. There is no statutory presumption for joint custody — courts award custody based on totality of circumstances.

New York uses the CSSA under DRL § 240(1-b) — an Income Shares model. The non-custodial parent pays a percentage of combined parental income (17% for one child, 25% for two, 29% for three, 31% for four, 35%+ for five) on combined income up to the statutory cap ($183,000 as of 2024), with court discretion above the cap.

Yes. Custody can be modified on a substantial change in circumstances. Child support requires a 15%+ change or 3 years elapsed or change in financial circumstances. Maintenance modification depends on the decree’s terms. Property division (Equitable Distribution Judgment) is final.

Why Do You Need a Family Law Attorney in New York?

New York became the last state to allow no-fault divorce in 2010 — Domestic Relations Law § 170(7) permits divorce on the ground that the marriage has been irretrievably broken for at least 6 months. New York retains 6 fault grounds (cruel and inhuman treatment, abandonment, imprisonment, adultery, judgment of separation, separation agreement). Residency is 1 year in New York (or 2 years for non-NY-married couples without NY ground) under DRL § 230. New York is an equitable distribution state under DRL § 236(B) — marital property is divided equitably across 14 statutory factors. The 2016 maintenance reform created presumptive maintenance formulas under DRL § 236(B)(5-a) and § 236(B)(6). Custody is decided under DRL § 240 best-interests factors. New York uses Income Shares under DRL § 240(1-b) — the CSSA (Child Support Standards Act).

When Do You Need a Family Law Attorney in New York?

Our network includes New York family law attorneys who handle every kind of case, including:

Types of Family Law Cases in New York

From the moment you connect with a New York family law attorney, they go to work protecting your claim. The most common case types we handle:

Assuming pre-2010 fault rules still apply — New York added no-fault in 2010 under DRL § 170(7)

Hiding assets — New York Statement of Net Worth (22 NYCRR § 202.16) disclosures impose severe sanctions

Posting on social media — New York Matrimonial Part judges admit it routinely

Communicating ex parte with the judge

Filing in New York when the child’s home state under UCCJEA is elsewhere

Missing the 1-year residency requirement under DRL § 230

Assuming pre-2010 fault rules still apply — New York added no-fault in 2010 under DRL § 170(7)

Hiding assets — New York Statement of Net Worth (22 NYCRR § 202.16) disclosures impose severe sanctions

Posting on social media — New York Matrimonial Part judges admit it routinely

Communicating ex parte with the judge

Filing in New York when the child’s home state under UCCJEA is elsewhere

Missing the 1-year residency requirement under DRL § 230

Common New York Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in New York are not handled on contingency. New York Rule of Professional Conduct 1.5(d)(5) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of maintenance, support, or property settlement. New York family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under DRL § 237 with a presumption favoring the less-monied spouse.

What Can Your New York Family Law Compensation Include?

Property Division

Equitable distribution under DRL § 236(B)(5) — 14-factor analysis. Separate property (premarital, gifts, inheritance, personal injury) exempt.

Maintenance

Presumptive formulas under DRL § 236(B)(5-a) (temporary) and § 236(B)(6) (post-divorce). Duration tied to marriage length.

Child Support

CSSA Income Shares under DRL § 240(1-b) — 17%/25%/29%/31%/35%+ for 1/2/3/4/5+ children up to statutory cap.

Custody and Parenting Time

Legal and physical custody under DRL § 240 and Eschbach factors — no statutory joint custody presumption.

Attorney’s Fees

New York courts award fees under DRL § 237 with a presumption favoring fees to the less-monied spouse.

Protective Orders

Orders of Protection under DRL § 240, FCA Article 8 — emergency, temporary, and final orders 2-5 years.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Family Law Attorneys

Why Do You Need a Family Law Attorney in New York?

When Do You Need a Family Law Attorney in New York?

Types of Family Law Cases in New York

Common New York Family Law Mistakes

How Much Do New York Family Law Attorneys Cost?

What Can Your New York Family Law Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.