Queens Divorce Lawyer

Divorce can be one of the most challenging experiences a person encounters, especially when it involves critical issues like property division, child custody, and spousal support. For individuals in Queens, The Law Offices of Norka M. Schell, LLC stands ready to guide you through this process with personalized attention and a dedicated approach. Our experienced Queens divorce lawyers understand that every family’s circumstances are unique, requiring a customized legal strategy that focuses on your most important concerns. We strive to protect your interests at every stage of the proceeding, advocating firmly on your behalf while working toward constructive solutions that can preserve relationships and promote long-term stability. From the initial stages of negotiation to courtroom proceedings, our team offers counsel that considers both your emotional and financial well-being. If you need assistance with a divorce matter, call us at 212-258-0713 and take the first step toward a more secure future.

Grounds for Divorce 

New York law permits spouses to file for divorce on both no-fault and fault-based grounds. The most commonly used ground today is no-fault divorce, which only requires that one spouse attest the marital relationship has been irretrievably broken for at least six months. Under New York Domestic Relations Law, a final divorce judgment typically will not be granted until the spouses have resolved all major issues, including property division, spousal maintenance, and any relevant child-related matters. In addition, no-fault divorce does not require proof of misconduct by either spouse; it simplifies proceedings and, in many instances, reduces overall conflict.

Still, fault-based grounds remain available. These include cruel and inhuman treatment, abandonment for a minimum of one year, adultery, imprisonment for three or more consecutive years, and living separate and apart under a judicial separation judgment or valid separation agreement for at least one year. Although less frequently pursued than no-fault options, fault-based grounds can potentially highlight important factual details—such as a record of domestic violence or other misconduct—that might factor into spousal maintenance, child custody, or other contested issues. However, alleging fault can also escalate tensions, as the spouse accused of wrongdoing might vigorously defend against those allegations. Many couples prefer the relative simplicity and efficiency of no-fault divorce, but there can be strategic reasons to invoke fault grounds if significant rights are at stake.

It is important to note that using fault grounds means developing proof—evidence of cruel and inhuman treatment, evidence of abandonment, or other details—to substantiate claims. Even when such grounds exist, legal professionals often counsel focusing on a workable settlement, since a lengthy fault-based divorce can increase legal fees and intensify disputes. However, the choice ultimately depends on the facts of the marriage, the goals of the spouses, and the potential impact on custody, maintenance, or other aspects of the divorce.

A divorce lawyer in Queens can help you understand which grounds may be most appropriate for your specific situation.

Residency Requirements 

Before a New York court will hear a divorce action, certain residency requirements must be met. At least one of the following conditions is sufficient:

• Both spouses are New York residents when the divorce action commences, and the grounds for divorce arose in New York.
• Either spouse has lived in New York continuously for at least two years before filing.
• Either spouse has lived in New York for at least one continuous year immediately preceding the action, and (1) the couple married in New York, (2) the spouses previously resided in New York, or (3) the cause of action arose in New York.

These requirements ensure that the state has a proper basis to hear the case. Failing to meet the residency prerequisites can result in dismissal or delay. Likewise, the choice of venue (the county where the action is filed) must align with the existing legal rules. Generally, the action is filed in the county where one of the parties resides. If the filing spouse chooses an improper venue, the court may order a transfer or dismissal. Making sure residency and venue are correct at the outset helps avoid jurisdictional objections that could derail the process. A Queens divorce attorney can guide you through these requirements to help ensure your divorce action proceeds smoothly.

Contested vs. Uncontested Divorce 

When the threshold matters of grounds and residency are satisfied, spouses must ascertain whether they can address all aspects of the divorce through agreement (an uncontested divorce) or whether there are unresolved issues that will require judicial intervention (a contested divorce).

A.      Uncontested Divorce:

<h2 id=”grounds”>Grounds for Divorce: Understanding No-Fault (DRL § 170(7))</h2>

New York was the last state to adopt “No-Fault” divorce, governed by Domestic Relations Law § 170(7). This is now the most common ground for filing in Queens.

No-Fault Divorce: Requires a sworn statement that the relationship has broken down irretrievably for at least six months. You do not need to prove “wrongdoing” to get a divorce.

In an uncontested divorce, the spouses reach a consensus on critical points: child custody, parenting time, child support, property division, spousal maintenance, and any other outstanding obligations. To proceed, one spouse (the plaintiff) files either a Summons with Notice or a Summons and Verified Complaint in the New York Supreme Court for the appropriate county. After the other spouse (the defendant) is served and acknowledges the action, the parties present a written settlement agreement and additional required documents to the court.

Because the parties have already settled their differences, the court’s main role is to verify that the submitted agreement meets statutory requirements, especially for matters such as child support. If everything is properly documented, the court enters a Judgment of Divorce without prolonged hearings. This streamlined procedure often saves time and legal costs and may minimize personal stress.

B.      Contested Divorce: While rarer, you can still file based on:

• Cruel and inhuman treatment
• Abandonment (1+ year)
• Adultery
• Imprisonment (3+ consecutive years)
• Living separate and apart under a judicial decree (1+ year)

Contested cases involve a more formal process:

• The court may schedule multiple conferences to encourage settlement.
• Discovery procedures allow each side to request information about finances and parenting matters.
• If settlement cannot be reached, the case proceeds to a trial before a judge, who issues rulings on the disputed issues.

Contested divorces can be lengthy and often more expensive. However, they may be the only viable choice when spouses fundamentally disagree on significant points or if one spouse refuses to compromise. In some situations, a divorce that begins as uncontested may become contested if settlement efforts fail. The reverse can also happen if spouses initially disagree but later reach acceptable compromises.

Procedural Steps in New York 

While the structure of a divorce may differ based on whether it is contested or uncontested, the following procedural steps are common across New York divorces. Understanding how a case typically unfolds equips spouses to anticipate their obligations and plan accordingly.

1.         Initiating the Action (Summons and Complaint):

<h2 id=”residency”>New York Residency Requirements</h2>

Before the court at 88-11 Sutphin Blvd can hear your case, you must meet one of these residency benchmarks:

1. Both spouses live in NY at the time of filing AND the grounds occurred in NY.
2. Either spouse has lived in NY continuously for at least two years before filing.
3. Either spouse has lived in NY for one year AND:

3. You were married in NY;
4. You lived in NY as a married couple; or
5. The grounds for divorce happened in NY.

<h2 id=”contested”>Contested vs. Uncontested Divorce</h2>

• Uncontested: Both parties agree on all terms (custody, support, property). This is faster and significantly less expensive.
• Contested: Disagreements exist regarding one or more issues. These cases require “Discovery,” where we exchange financial documents and evidence to prepare for trial or settlement.

Need immediate guidance? If you aren’t sure which path your divorce will take, call our Queens office at 212-258-0713 to discuss your specific situation.

<h2 id=”process”>The Procedural Path in Queens County</h2>

A typical divorce case in the Queens County Supreme Court follows several steps:

Filing the Summons: Initiating the action with the County Clerk.

Service of Process: Legally notifying the defendant.

Responding to the Summons (Answer or Appearance): If the divorce is contested, the defendant normally files an Answer, responding to each allegation and potentially stating counterclaims. Alternatively, in an uncontested scenario, the defendant can sign an affidavit acknowledging the divorce and waiving further notice if an agreement is already in place. The type of response shapes whether discovery is necessary and what the court’s next steps will be.

 Statement of Net Worth and Financial Disclosure: One important requirement in contested divorces is each spouse’s submission of a Statement of Net Worth. This standardized form itemizes income, expenses, assets, and liabilities. It is central to evaluating property division, maintenance, and support. Full disclosure is mandatory; if a spouse omits or underreports assets, that spouse risks sanctions or an unfavorable allocation. The Statement of Net Worth must be sworn and notarized, ensuring that all details provided are accurate to the best of the filer’s knowledge.

 Preliminary Conference and Discovery: In contested matters, once the defendant has filed an Answer, the court will schedule a Preliminary Conference to address scheduling and to identify the contested issues. The judge typically orders discovery deadlines, requiring both attorneys (or self-represented parties) to exchange financial documents such as tax returns, pay stubs, bank statements, and other relevant records. Depositions, interrogatories, and formal requests for production may be used in more complex matters, especially where business ownership or high-value assets are involved.

The discovery phase ensures each side obtains thorough information about the marital estate and both spouses’ financial circumstances. New York’s rules emphasize cooperation and transparency in this stage, and courts may impose penalties if one spouse withholds documentation.

Settlement Conferences: Judges frequently encourage negotiations once the parties have ample financial information. Settlement conferences can be informal gatherings involving both attorneys before a court attorney referee or a judge, or more formal court-directed sessions. The objective is to narrow disagreements and, ideally, reach a settlement that accounts for property division, maintenance, custody, and support. Because litigation can be lengthy, many parties see significant benefits to resolving issues out of court.

 Motion Practice: Either party may file motions on pendente lite (temporary) matters, such as who lives in the marital home or how child support and spousal maintenance are paid while the divorce is ongoing. Courts also entertain motions related to discovery disputes—if one spouse is not providing required data—or requests for protection from harassment or asset dissipation. Motion practice can occur throughout the pretrial stage, but judges often encourage parties to save time and expense by resolving interim matters through stipulations whenever practical.

Trial and Judgment of Divorce: When neither settlement discussions nor alternative dispute resolution efforts prove successful, the case proceeds to trial. There, each party presents evidence, whether through financial records, expert testimony on business valuation or child psychology, or direct witness accounts. The judge evaluates the evidence and makes rulings on disputed issues. The final determinations are incorporated into a written Judgment of Divorce, formally ending the marriage and establishing each party’s rights and responsibilities.

Even at this late stage, spouses sometimes reach settlements during the trial or while the judge is deliberating. If no agreement is reached, the judge’s decisions are binding, subject to possible post-judgment appeals. 

A divorce attorney in Queens can help guide you through each of these procedural steps to ensure your interests are protected throughout the process.

Property Division in Divorce 

In New York, courts apply the principle of equitable distribution to divide marital property. Equitable means fair, but not necessarily 50-50. Marital property includes assets and debts acquired by either spouse from the date of marriage until the commencement of the divorce action (or until a validly executed separation agreement or other recognized cut-off date). Separate property, on the other hand, includes items a spouse owned prior to marriage, inheritances, gifts to one spouse individually, and compensation for personal injuries, to the extent those assets have not been commingled with marital funds.

Factors Influencing Equitable Distribution:  In deciding a fair distribution, courts weigh factors that include: 

• Length of the marriage, including whether it is a short-term or long-term union
• Age, health, and future financial needs of each spouse
• Contributions each spouse made to the marriage, whether financial or as a homemaker or caregiver
• Each spouse’s income, property, and earning capacity, both currently and prospectively
• Tax consequences of the proposed distribution
• Loss of inheritance or pension benefits upon dissolution
• Whether either spouse has wasted or transferred marital assets in anticipation of divorce
• The custodial parent’s need to reside in the marital home for the children’s stability
• Any other factor the court deems pertinent

Division of Complex or High-Value Assets

In cases involving businesses, professional licenses, stock options, pensions, or other complex assets, determining value can pose significant challenges. Forensic accountants, valuation experts, or appraisers sometimes become involved to assess market or “fair value.” Courts typically rely on objective documentation, such as business financials, to gauge whether a distributive award is owed to the non-titled spouse. 

High-net-worth divorces also frequently entail additional steps in discovery: forensic investigators may look into bank accounts, property holdings, deferred compensation, and tax records spanning several years. Such in-depth review ensures that each asset is identified and fairly assessed according to the couple’s unique financial picture.

Comingling and Separate Property Concerns

If a spouse’s separate funds are mixed in a shared account used for household expenses, that asset may lose its separate character. Courts often require detailed tracing to determine which portion, if any, remains separate. A spouse wishing to maintain a special inheritance as separate property must avoid depositing or spending those inheritance funds in a jointly held account or using them to fund general marital expenses unless a clear paper trail is retained. 

Alimony/Spousal Support (Maintenance) 

Maintenance, historically called alimony, is a payment from one spouse to the other to help the lower-earning or non-earning spouse maintain reasonable financial stability. In New York, spousal support can be granted during the divorce (temporary maintenance) and after the divorce is final (post-divorce maintenance). Statutory guidelines that calculate the presumptive amount and duration of maintenance exist, but judges may deviate if circumstances warrant.

Temporary (Pendente Lite) Maintenance in New York

During the divorce, the spouse with the lower income may request court-ordered support for immediate living costs. The maintenance formula uses each spouse’s annual income up to a set cap. This cap is periodically adjusted. To compute the presumptive award, courts apply a legislatively prescribed percentage to the difference in the spouses’ incomes, after deducting items such as Social Security taxes, Medicare taxes, child support actually paid or received, and other specified items.

If the payor’s income exceeds the cap, the court has discretion to determine how much, if any, of the excess income to include in the calculation. The rationale is to balance fairness with the recognition that the lower-income spouse should not be left wholly unsupported during the litigation.

Post-Divorce Maintenance

Once the divorce is finalized, post-divorce maintenance may continue for a specific term or, in rare scenarios, indefinitely. New York law provides advisory duration guidelines that correlate the marriage length to the likely maintenance term. Below is a general reference:

• Marriages of up to 15 years may prompt a shorter maintenance duration (often 15% to 30% of the length of the marriage).
• Marriages of 15 to 20 years may result in a moderate duration (often 30% to 40% of the length of the marriage).
• Marriages exceeding 20 years may receive a longer duration (often 35% to 50% of the length of the marriage).

These ranges are not rigid mandates. Courts can deviate based on statutory factors such as each spouse’s earning capacity and any reduced or lost lifetime earnings due to marriage responsibilities. For instance, if one spouse left the workforce for many years to raise children, this could justify a lengthier maintenance period. Judges also consider the standard of living during marriage, the age and health of both spouses, their assets, and whether the spouse seeking maintenance has acquired job skills or training that could facilitate financial independence.

Calculating Income for Maintenance Purposes

In New York, the calculation for maintenance often starts with each spouse’s “gross income,” then subtracts allowable deductions to arrive at “adjusted gross” income. Deductible items may include FICA (Social Security and Medicare), local taxes, and any maintenance or child support actually paid pursuant to a court order. Courts are mindful that some forms of income (like Social Security benefits, disability pay, or self-employment income) may require specific treatment. The details in each unique case can become complex, which is why accurately completing financial forms—particularly the Statement of Net Worth—is essential.

Working with a Queens divorce lawyer can help you address complicated maintenance calculations and ensure your interests are protected throughout the process.

Child Custody

Child custody determinations revolve around the “best interests of the child.” In New York, custody has two dimensions: legal custody (the authority to make major decisions about education, health, and religion) and physical custody (where the child chiefly resides). Parents can share joint legal custody, or one may receive sole legal custody if shared decision-making is unfeasible. Physical custody arrangements range from primarily residing with one parent, with the other exercising parenting time, to a more equal split of time (sometimes called shared or joint physical custody). No single arrangement is prescribed for every family; the child’s welfare drives each decision.

Key Considerations

• Stability and Consistency: Courts look at who can maintain a nurturing, reliable environment. Factors such as each parent’s work schedule, proximity to the child’s school, and the child’s attachments to siblings and extended family matter.
• Parental Fitness: Indicators of a parent’s mental and physical health, including any history of substance misuse or domestic violence, can be critical.
• Child’s Preference: A more mature child’s stated custodial preference can carry weight. However, the court balances that preference against all other evidence.
• Willingness to Foster a Healthy Relationship: Judges strongly consider whether a parent encourages ongoing contact between the child and the other parent. Alienating behavior or preventing meaningful access can adversely affect that parent’s standing.
• Continuity with School and Community: Maintaining a child’s ties to a stable community, including extracurricular activities and friendships, is often in the child’s best interests.

Military and Same-Sex Parenting Considerations

Custody issues can become more complex for military families if a service member is stationed abroad or subject to deployment. The court may need to factor in potential relocations or extended absences. In same-sex marriages, the same rules apply regarding best interests, though courts may evaluate how parental rights were established if a child was born or adopted during the marriage. As with all custody matters, the fundamental criterion is fostering a positive, consistent environment that meets the child’s needs.

Attorney for the Child

When custody or parenting time is disputed, a judge can appoint an Attorney for the Child to represent the child’s perspective. The professional interviews the child and both parents, reviews the family’s circumstances, and may recommend an arrangement that aligns with the child’s best interests. Although the court makes the ultimate decision, the Attorney for the Child’s input can significantly influence the outcome.

Child Support

Under the New York Child Support Standards Act (CSSA), both parents are responsible for meeting their children’s financial needs. The court calculates child support by combining the parents’ incomes (up to a periodically adjusted cap) and applying a statutory percentage based on the number of children:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• At least 35% for five or more children

If the parents’ combined income exceeds the statutory cap—which the legislature periodically increases—the court may either apply the standard percentages to the income above the cap or set child support after considering various factors, such as the child’s needs, the parents’ resources, and the standard of living the child would have had if the marriage had continued.

Add-On Expenses and Adjusted Gross Income

Beyond basic support, courts typically mandate that parents share specific expenses proportionate to their incomes. These may include: 

• Health insurance premiums, if private insurance is obtained for the child
• Unreimbursed medical or dental costs not covered by insurance
• Reasonable child care expenses if a custodial parent works or attends school
• Educational costs, such as tuition for private school or college, if found appropriate

Child support calculations often rely on each parent’s “adjusted gross income,” which allows certain deductions. These deductions can include existing child or spousal support obligations to another family, FICA taxes, and certain local taxes. Ensuring accurate disclosure in the Statement of Net Worth is central to obtaining a correct support order. If you have questions about child support guidelines and your rights, a divorce lawyer in Queens can provide guidance tailored to your situation.

Alternative Dispute Resolution

A divorce does not always lead to a drawn-out trial. Many spouses pursue alternative dispute resolution (ADR) to resolve issues in a more collaborative or less confrontational manner.

1.         Mediation:   In mediation, a neutral third party facilitates negotiation between the spouses. Mediators do not provide legal counsel to either spouse but help guide them toward an agreement. Mediation strategies can reduce hostility, save money, and afford the couple more control over the timetable. Despite these advantages, mediation depends on both spouses showing good faith in disclosing financial data and a willingness to compromise.

2.         Collaborative Process:    The collaborative process involves spouses, their respective attorneys, and often other professionals holding a series of meetings to negotiate resolutions without court intervention. If settlement talks fail and litigation becomes necessary, the spouses generally must retain new attorneys, reinforcing the mutual commitment to settlement. This approach is favored by some couples seeking open communication and aiming to maintain respect despite their divorce.

3.         Arbitration:    A further ADR option is arbitration, in which an arbitrator acts similarly to a private judge, hearing both sides and issuing a binding decision. Arbitration is less common in matrimonial disputes, but it can sometimes expedite a resolution. It offers privacy, as proceedings are not typically public. One drawback is that appealing an arbitrator’s decision is generally more difficult than appealing a Supreme Court judge’s ruling.

Prenuptial and Postnuptial Agreements 

Prenuptial and postnuptial agreements can outline each spouse’s rights and obligations regarding property division, spousal maintenance, and other financial considerations before either the marriage or the divorce. A prenuptial agreement is signed prior to marriage. A postnuptial agreement is executed after marriage but before any final divorce resolution. These legal instruments reduce uncertainty if a divorce occurs, particularly in second marriages, high-asset marriages, or situations involving family trusts and inheritances.

Validity Requirements

To be enforceable, an agreement must be: 

• In writing and signed by both spouses with the required formalities. New York law typically requires acknowledgment before a notary public (or equivalent) similar to property deed requirements.
• Based on full financial disclosure. Concealing key assets or incomes may render the agreement vulnerable to challenge.
• Voluntary. Duress, coercion, or intimidation can invalidate an agreement.
• Not unconscionable. An agreement that is grossly unfair can be struck down if it leaves one spouse in extreme financial distress without justification.

Key Provisions

Common provisions address which assets remain separate property, how marital property would be distributed, whether spousal maintenance is waived or capped, and mechanisms for dividing retirement benefits. Although prenuptial and postnuptial agreements can streamline a potential divorce, courts still review these documents for fairness and procedural regularity. 

Final Observations on New York Divorce Procedure 

A New York divorce can be straightforward when spouses cooperate and reach an uncontested settlement. Where disagreements persist, or the case involves significant assets or vigorously disputed custody, the process can become more complex, requiring extensive discovery, expert involvement, and detailed financial analyses. Regardless of the situation, each step—from verifying residency and filing the initial Summons, to exchanging Statements of Net Worth, addressing custody and support, and finalizing equitable distribution—demands careful adherence to state requirements.

Although many couples approach divorce with anxiety, understanding the key procedures and legal concepts can reduce confusion. Those who prefer to negotiate, mediate, or use collaborative methods can often reach workable settlements tailored to their needs. In more contentious matters, following the court’s procedural rules, gathering necessary evidence, and remaining open to compromise can expedite resolution. The final Judgment of Divorce incorporates all decisions on property, maintenance, custody, and support, concluding the marriage with an enforceable set of obligations for each spouse.

By remaining informed about New York’s evolving statutes—such as periodic increases to the maintenance and child support caps—and by considering unique circumstances (for instance, military obligations or complex assets), individuals can better navigate the road to a fair conclusion of their marriage. Ultimately, cooperating on disclosure, embracing settlement where feasible, and understanding the enforcement and modification tools available can help spouses handle the challenges of divorce while preserving financial stability and family relationships to the fullest extent possible.

Take Action: Protect Your Future Today

Don’t navigate the complexities of Queens family law alone. At The Law Offices of Norka M. Schell, LLC, we combine deep legal knowledge with the compassionate support you need during this time. Contact us at 212-258-0713 to schedule your consultation and take the first step toward a secure future.