New York Divorce — Frequently Asked Questions

Under Domestic Relations Law § 170(7), either spouse may seek divorce by stating under oath that the relationship has been irretrievably broken for at least six months. You do not have to prove adultery, cruelty, abandonment, or other fault grounds. All economic and custody issues must still be resolved before the divorce can be granted.

In general, you may file if: you were married in New York and either spouse has lived here continuously for at least one year; or you lived in New York as a married couple and either spouse has lived here for at least one year; or the grounds occurred in New York and either spouse has lived here for at least one year; or either spouse has lived in New York continuously for at least two years before filing. Confirm which basis applies to you with counsel.

When spouses agree on all terms and papers are complete, many uncontested cases are finalized in roughly 2–6 months, but timing depends heavily on the county, court backlog, and whether papers need correction. Contested cases take significantly longer.

Costs depend on complexity, whether the case is contested, the need for experts (appraisals, forensic accounting), court filing fees (several hundred dollars in index and related fees), and attorney time. An uncontested case with a complete agreement is typically the least expensive path. Ask about fees and retainers at your consultation — get the fee agreement in writing.

In a truly uncontested case, often no appearance is required — the judge decides on papers. Contested custody, support, or property disputes usually require conferences and possibly a trial.

New York uses equitable distribution: marital property is divided fairly based on statutory factors, not automatically 50/50. Separate property (generally pre-marital, inherited, or gifted assets kept separate) is treated differently.

Custody turns on the child's best interests. Child support generally follows the Child Support Standards Act percentages applied to combined parental income up to the statutory cap, plus pro-rata add-ons, with possible deviation for stated reasons.

Yes. We offer uncontested no-fault divorce in every county in New York. Our only physical office is in Williamsville, but we serve clients statewide and most uncontested steps can be handled remotely. Your case is filed in the proper county, and timing depends on that county's court and backlog. We do not have offices in other cities.

Usually not for a truly uncontested matter. Consultations and paperwork can generally be handled by phone and online. If an in-person step is ever needed for your specific case, we will explain that up front.

It depends on the charge and whether you took a chemical test. Under New York’s prompt suspension law, a judge at arraignment may suspend your license pending prosecution if a chemical test showed a blood alcohol content of .08 or more. If you are alleged to have refused a chemical test, your license may be temporarily suspended and the DMV will schedule a refusal hearing — missing that hearing or losing it can lead to revocation, generally for at least a year, plus a civil penalty. In some cases a hardship privilege for very limited driving, or later a conditional license through the DMV’s Impaired Driver Program, may be available if you are eligible. Rules and eligibility change and depend on your record — speak with an attorney promptly. General information only.

New York’s implied-consent law (Vehicle & Traffic Law § 1194) says that by driving in New York you have consented to a chemical test when lawfully arrested for DWI. Refusing can bring separate DMV consequences — license revocation and a civil penalty — even apart from the criminal case, and a refusal can be used in court in some circumstances. Whether testing or refusing helps or hurts depends on facts no website can assess; there is no one-size-fits-all answer. If you have already refused, ask an attorney immediately about the DMV refusal hearing deadline. General information only, not legal advice for a stop in progress.

A DWI conviction is a criminal conviction (DWI is generally a misdemeanor for a first offense, and can be a felony with prior offenses within the statutory look-back period, generally 10 years) and typically remains on your criminal record — New York does not generally provide expungement of DWI convictions the way some states do. DWI and DWAI convictions also appear on your DMV driving record / abstract for a period of years (commonly 10 years on a standard abstract) and can affect insurance, employment, and professional licenses, and prior convictions can raise the charge and penalties for a later arrest. DWAI-Alcohol is generally a traffic infraction, not a crime, but still carries license and record consequences. Ask an attorney how your specific record would be treated. General information only.