Whether your divorce is amicable or involves complex disputes over assets, custody, and support, our attorneys provide strategic guidance through every phase — from initial filing to final judgment. We protect your interests while minimizing unnecessary conflict and cost.
Divorce is one of the most significant legal and emotional experiences a person can go through. At Mandi Law Group, our divorce attorneys understand that no two cases are alike. Whether you and your spouse have reached a mutual agreement or face contentious disputes over property, custody, and support, we provide the experienced legal counsel you need to protect your interests and move forward with confidence.
New York recognizes both fault-based and no-fault grounds for divorce. Since 2010, New York has allowed no-fault divorce based on an irretrievable breakdown of the marriage for at least six months. This is the most common basis for divorce today. Fault-based grounds — including cruel and inhuman treatment, abandonment, imprisonment, and adultery — remain available but are less frequently used.
In an uncontested divorce, both spouses agree on all major issues, including property division, spousal support, child custody, and child support. These cases can often be resolved more quickly and at lower cost. In a contested divorce, one or more issues remain in dispute, requiring negotiation, mediation, or trial. Our attorneys are skilled negotiators and experienced litigators who work to achieve the best possible outcome.
Regardless of the complexity of your situation, we take the time to understand your goals, explain the legal process in plain language, and develop a strategy tailored to your unique circumstances. We handle every aspect of the divorce process — from filing the initial papers to negotiating settlements to presenting your case in court.
Consult with an attorney before making major decisions such as moving out of the marital home, withdrawing funds, or confronting your spouse. Early legal counsel protects your rights and strengthens your position.
(518) 698-0347Our divorce practice covers the full spectrum of issues that arise when a marriage ends. Each area is handled by attorneys with specific experience and expertise.
When both spouses agree on all terms — including property division, custody, and support — the divorce can proceed on an uncontested basis. This path is typically faster, less expensive, and less emotionally taxing. Our attorneys draft comprehensive settlement agreements that protect your rights and ensure all terms are legally enforceable under New York law.
When spouses cannot agree on one or more key issues, the divorce becomes contested. These cases may involve disputes over property division, child custody, spousal maintenance, or other matters. Our attorneys are experienced negotiators and skilled courtroom advocates who work to achieve the best possible outcome — whether through settlement negotiation, mediation, or trial.
Divorces involving significant wealth require specialized expertise to address complex financial issues. Our attorneys handle cases involving business interests, stock portfolios, real estate holdings, retirement accounts, executive compensation, offshore assets, and trust structures. We work with forensic accountants and valuation experts to ensure a complete and accurate picture of all marital assets.
New York law provides for both temporary and post-divorce spousal maintenance. The amount and duration of maintenance depend on numerous factors, including the income disparity between spouses, the length of the marriage, each spouse's age and health, and the standard of living established during the marriage. We advocate for fair maintenance arrangements that reflect your circumstances.
New York follows the equitable distribution model, meaning marital property is divided fairly — not necessarily equally — between spouses. Courts consider over a dozen statutory factors including the duration of the marriage, each spouse's income and assets, contributions to marital property (including homemaking), and the tax consequences of the proposed distribution.
Not every divorce needs to be adversarial. For couples who can communicate and negotiate in good faith, mediation and collaborative divorce offer structured paths to settlement that preserve relationships, reduce costs, and give both parties greater control over the outcome. Our attorneys offer mediation services and represent clients in mediation proceedings.
Understanding the divorce process helps reduce anxiety and allows you to make informed decisions. Here is what to expect at each stage.
Your case begins with a confidential consultation where we listen to your situation, review your circumstances, explain the applicable New York divorce laws, and outline your options. We help you understand what to expect at every stage so you can make informed decisions from the outset.
We prepare and file the necessary documents — either a Summons with Notice or a Summons and Complaint — with the Supreme Court of the appropriate county. The other spouse must be properly served in accordance with New York law. We handle all filing requirements and procedural details.
Both parties exchange financial information through a formal discovery process. This includes income documentation, tax returns, bank and investment statements, real estate records, business valuations, and other relevant financial data. Thorough discovery is critical to ensuring a fair outcome.
Our attorneys engage in strategic negotiation with opposing counsel to reach a fair settlement on all issues — property division, spousal maintenance, custody, and child support. Many cases are resolved at this stage, saving time and expense. We ensure any settlement fully protects your interests.
If direct negotiation does not resolve all issues, mediation may be ordered by the court or agreed to voluntarily. A neutral mediator helps facilitate productive discussions. Our attorneys prepare you for mediation, attend the sessions, and ensure you do not agree to terms that are against your interests.
If settlement cannot be reached, the case proceeds to trial where a judge decides all contested issues. Our attorneys present compelling evidence and arguments, cross-examine witnesses, and advocate vigorously for your position. Once the judge issues a decision, a Judgment of Divorce is entered, finalizing the divorce.
Expert Guidance Through Your Divorce
Strategic advocacy to protect your rights and your future
Divorce involves critical decisions that can have lasting consequences. Understanding these considerations before and during the process helps protect your rights and your family.
Before filing for divorce, take steps to understand your full financial picture. Gather copies of tax returns, bank statements, investment accounts, mortgage documents, and other financial records. Understanding your finances helps your attorney develop the strongest strategy for property division and support negotiations.
Leaving the marital home before consulting with an attorney can have significant legal implications for custody, property rights, and your overall position in the divorce. In certain circumstances, moving out can be seen as abandoning the marital home. Always consult with your attorney before making this decision.
Everything you say and write during a divorce can potentially be used in court. Avoid hostile or threatening communications with your spouse. Communicate through your attorney when possible, and when direct communication is necessary, keep it factual, brief, and civil. Save all written communications.
Courts evaluate custody arrangements based on the best interests of the child. Demonstrating that you prioritize your children's stability, safety, and emotional well-being strengthens your position. Never use children as leverage or speak negatively about the other parent in front of them.
Divorce has significant tax consequences that many people overlook. Property transfers, retirement account distributions, spousal maintenance payments, and changes in filing status all have tax implications. Our attorneys work with financial professionals to structure settlements that minimize tax burdens.
Divorce proceedings in New York can take anywhere from a few months to over a year, depending on the complexity and level of contention. While the process may feel slow, rushing to a resolution can result in an unfavorable outcome. Our attorneys balance efficiency with thoroughness to achieve the best possible result.
Answers to some of the most frequently asked questions about divorce in New York. Every situation is unique — consult with our attorneys for guidance specific to your case.
The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce — where both parties agree on all terms — can typically be finalized within three to six months after filing. A contested divorce, involving disputes over property, custody, or support, may take twelve months to two years or longer, depending on the complexity of the issues, the court's schedule, and the parties' willingness to negotiate.
No. Since 2010, New York has permitted no-fault divorce. You can file for divorce on the ground that the marriage has been irretrievably broken for at least six months. Fault-based grounds — such as cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years, and adultery — are also available but are not required and are less commonly used today.
New York follows the equitable distribution model. Marital property — assets and debts acquired during the marriage — is divided fairly, though not necessarily equally. The court considers over a dozen factors, including the length of the marriage, each spouse's income and property, the age and health of both parties, the need of a custodial parent to remain in the marital home, direct and indirect contributions to marital property, and the tax consequences of the proposed distribution.
Marital property includes virtually everything acquired during the marriage, regardless of whose name is on the title. Separate property includes assets owned before the marriage, property received as a gift or inheritance during the marriage, and personal injury compensation. However, separate property can lose its protected status if it is commingled with marital property — for example, depositing an inheritance into a joint bank account.
New York uses statutory guidelines to calculate temporary maintenance during the divorce proceedings. Post-divorce maintenance is determined by the court based on numerous factors, including the income disparity between spouses, the duration of the marriage, each spouse's age and health, the standard of living during the marriage, and whether one spouse's earning capacity was reduced due to the marriage. The court has significant discretion in setting the amount and duration.
Yes. You do not need your spouse's consent to obtain a divorce in New York. If your spouse refuses to participate, you may proceed by default. Your spouse will be served with divorce papers and given an opportunity to respond. If they fail to respond within the required timeframe, the court may grant a default judgment of divorce.
If a business was started or grew in value during the marriage, it may be considered marital property subject to equitable distribution. The business must be valued — typically by a forensic accountant or business valuator — and the marital portion determined. The business does not necessarily need to be sold; the owning spouse may buy out the other spouse's interest or the value may be offset against other marital assets.
Not necessarily. Many divorces are resolved through negotiation or mediation without the need for a trial. However, if the parties cannot reach agreement on all issues, a trial may be necessary. Even in cases that go to trial, most issues are often narrowed through pre-trial negotiation. Our attorneys are prepared to handle your case whether it settles or requires courtroom advocacy.
Our family law practice covers the full spectrum of domestic relations matters.
Whether you are considering divorce, have already been served with papers, or need help with any aspect of the divorce process, our experienced attorneys are here to help. Every consultation is confidential, and there is no obligation.