New York Divorce FAQs

Are you wondering how to get a divorce in New York? At Coffinas & Lusthaus, P.C., keeping our clients well-informed is a top priority. For your benefit, we have assembled the following list of frequently asked questions and answers.

What do I bring with me to my initial consultation?

When you arrive at Coffinas & Lusthaus, you are asked to fill out a client intake sheet. If you would like to get a head start on filling out this form, you can download a copy of it here and bring it with you on the date of your consultation. Some of the items may not be relevant to your situation. Please fill out the form to the best of your ability and we can review it with you in person.

Does it matter which lawyer provides my consultation?

Sometimes clients request to work with a specific divorce attorney. Other times, clients come to us based on a referral to the firm in general. Whatever your situation, you should feel confident about the fact that the attorneys work together on every matter. It doesn't matter which lawyer you see for your initial consultation, because you get the knowledge and experience of both.

What are the grounds for divorce in New York?

New York is now a no-fault divorce state. This means that you can get divorced on the grounds that the marriage has irretrievably broken down.

How long does it take to get a court date or to have my case fully resolved?

Every case is unique. The answer depends on the county and court in which you file and the reasonableness (or lack thereof) of all parties involved. Usually, we can provide you with a fair estimate at the consultation.

How do I make an appointment for a consultation?

Call the law firm at 718.717.1005 now to receive sound advice on filing for divorce in New York.

How long does an uncontested divorce take in New York?

The length of time it takes to finalize an uncontested divorce is based primarily on two factors: how busy the court is and how fast your spouse can return the necessary documents to you. Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.

Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court. If there are issues that the parties do not agree on, this can lengthen the divorce process.

Can my spouse be forced to move out of the home once I start the divorce action?

In many divorce cases, after papers are served, one party or the other will find other accommodations outside the primary residence. But when both spouses insist, they have the right to the primary residence, the situation gets very stressful and uncomfortable. In order to have the court compel your spouse to leave, there is a very high standard of proof which is often times difficult but not impossible to make out. At your initial consultation, we can analyze your particular situation and discuss with you the options to get your spouse removed from the home. In addition, we can discuss with you the likelihood of your receiving sufficient interim support so that you can move out of the house if your spouse continues to fail to do so. It is important to see a qualified divorce attorney before you take any steps.