Divorce & Child Custody Legal Guide

Divorce is never easy and when children are involved, it becomes even more emotionally charged. We believe in guiding families through this challenging time with clarity, compassion, and a commitment to protecting what matters most.

If you’re considering divorce or facing a custody dispute in New York, this guide will walk you through what to expect, and how we can help you navigate it.

Understanding Divorce in New York

New York is a “no-fault” divorce state, meaning that you don’t have to prove wrongdoing (like adultery or abuse) to file for divorce. The most common ground is irretrievable breakdown of the marriage for at least six months.

Common issues to be resolved in a divorce:

• Division of assets and debts
• Spousal support (alimony)
• Child custody and parenting plans
• Child support obligations

Divorce doesn’t have to be a battle. With the right legal guidance, you can protect your interests without unnecessary conflict.

Child Custody in New York: What the Court Considers

When parents can’t agree on custody arrangements, the court steps in to decide what’s in the “best interest of the child.”

Factors considered include:

• Each parent’s ability to care for the child
• The child’s relationship with each parent
• The child’s needs (emotional, educational, medical)
• Any history of domestic violence or substance abuse
• The child’s preference (if old enough)

There are two types of custody:

• Legal custody: the right to make major decisions for the child
• Physical custody: where the child lives most of the time

You can have joint custody or sole custody, depending on the circumstances.

Our Family Law Approach: Balanced, Child-Focused, Strategic

We know these are not just legal issues, they’re life-changing moments. That’s why we work closely with our clients to:

✅ Protect their parental rights
✅ Create realistic and fair parenting schedules
✅ Ensure the child’s wellbeing stays front and center
✅ Avoid unnecessary court battles through negotiation and mediation (when possible)
✅ Represent them powerfully in court if needed