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Divorce

A divorce is a lawsuit to dissolve a valid marriage. A divorce case may be contested or uncontested. A contested case is one where the parties cannot agree. A judge ultimately will decide the issues that are contested. An uncontested divorce is one where the parties have settled all issues relating to the grounds for divorce, custody of children, child support, maintenance and division of property. An uncontested divorce can also be granted if the defending spouse fails to appear in court after being served with a Summons with Notice for Divorce.

What are the grounds for divorce in New York?

  • Abandonment for one year or more
  • Cruel and inhuman treatment
  • One spouse in prison in excess of three years after the marriage
  • Adultery
  • Lived apart pursuant to Judgment of Separation
  • Lived apart pursuant to a separation agreement.
  • "No-Fault" Divorce

In a divorce case the judge has the power to make any and all orders or judgments relating to equitable distribution of the properties of the parties, custody of the children, visitation, and child support and maintenance.

If you have limited income and want to hire an attorney for an uncontested divorce, we provide reduced fee services through the Moderate Means Program. Learn more about the Moderate Means Program here.


I want to file for divorce:

  • Determine on what grounds you wish to seek a divorce.
  • Document the assets you brought to the marriage and have accumulated since the marriage.
  • Consult with an experienced matrimonial, divorce or family lawyer.

During our regular business hours, if you would like an LRS Attorney Counselor to call you, please enter your number below:

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