Top New York Divorce Lawyers

Frequently Asked Questions

How much does a divorce lawyer cost in New York?

Most New York divorce attorneys charge between $300 and $600 per hour, though rates vary based on experience and location. Manhattan lawyers typically charge more than those in upstate regions.

Many attorneys require a retainer fee ranging from $3,000 to $10,000 upfront. This deposit covers initial legal work, and you'll receive bills as the lawyer draws from it. Some lawyers offer flat fees for uncontested divorces, usually between $1,500 and $5,000.

Payment structures to ask about:

• Hourly billing vs. flat fee arrangements
• Retainer amount and replenishment policies
• Additional costs (filing fees, expert witnesses, court reporters)
• Payment plans or financing options

What's the difference between contested and uncontested divorce in New York?

An uncontested divorce means both spouses agree on all major issues—property division, child custody, and support. These cases typically resolve in 3-6 months and cost significantly less.

Contested divorces involve disagreements requiring court intervention. Under New York Domestic Relations Law §170, the court must resolve disputes about marital property, maintenance, and child-related matters. These cases often take 12-18 months or longer.

The cost difference is substantial. Uncontested divorces might cost $3,000-$7,000 total, while contested cases frequently exceed $15,000-$30,000 per spouse due to extensive negotiations, court appearances, and document preparation.

How do I know if a divorce lawyer is experienced enough for my case?

Check how long they've practiced family law specifically, not just general practice. An attorney handling divorce cases for 10+ years understands New York's equitable distribution rules under Domestic Relations Law §236(B) better than someone who dabbles in multiple practice areas.

Ask about their trial experience if your case might go to court. Some lawyers rarely litigate and prefer settlements, which could disadvantage you if aggressive representation becomes necessary.

Key questions to ask:

• How many divorce cases have you handled in the past year?
• What percentage of your practice focuses on family law?
• Have you handled cases involving [your specific issues]?
• What's your success rate with cases similar to mine?

What should I bring to my first consultation with a divorce attorney?

Gather financial documents, including recent tax returns, pay stubs, bank statements, and mortgage documents. Lawyers need this information to assess asset division and potential maintenance obligations under New York law.

Bring a list of marital assets and debts, including retirement accounts, real estate, vehicles, and credit cards. If children are involved, compile information about custody arrangements, school records, and childcare costs.

Essential documents checklist:

• Marriage certificate and prenuptial agreement (if applicable)
• Documentation of separate property owned before marriage
• Records of domestic violence or substance abuse (if relevant)
• List of questions and concerns about your case

How long does getting divorced in New York typically take?

Uncontested divorces usually take 3-6 months after filing. New York requires a mandatory waiting period, and courts need time to review and approve settlement agreements.

Contested divorces average 12-18 months but can extend to 2-3 years for complex cases. The timeline depends on court schedules, discovery disputes, and negotiation progress. Cases involving business valuations, hidden assets, or custody battles take longer.

Under New York Domestic Relations Law §170(7), no divorce can be finalized until the court ensures fair and equitable resolution of all issues, which sometimes requires multiple court appearances and extensive documentation.

Can I switch lawyers in the middle of my divorce case?

Yes, you have the right to change attorneys at any point during your divorce. You'll need to file a Substitution of Attorney form with the court and notify all parties involved.

Before switching, consider the costs and timing. You might owe your current lawyer for work completed, and a new attorney needs time to review your file and get up to speed. This transition can delay your case by several weeks or months.

Make sure the issue isn't just poor communication. Sometimes, a frank conversation with your current lawyer resolves concerns more efficiently than starting over with new representation.

What's the difference between mediation and hiring separate lawyers?

Mediation involves one neutral professional helping both spouses reach agreements. The mediator can't give either party legal advice or represent you in court. This option costs less—typically $3,000-$7,000 total—but works best when both parties cooperate reasonably.

Hiring separate lawyers means each spouse has their own advocate protecting individual interests. This approach costs more but provides a personalized legal strategy, especially crucial for complex asset division or contentious custody disputes.

Many couples combine approaches: mediate most issues, then have separate attorneys review the final agreement before signing. This hybrid model balances cost savings with legal protection.

What questions should I ask when comparing divorce lawyers?

Focus on their approach to your specific situation rather than general credentials. Ask how they'd handle your case differently from other strategies you've heard about.

Critical comparison questions:

• What's your communication style and availability?
• How do you charge for phone calls, emails, and text messages?
• Who else in your firm might work on my case?
• What's your strategy for achieving my goals?
• Can you provide references from past divorce clients?

Pay attention to how they answer. Lawyers who listen carefully and ask thoughtful questions about your situation typically provide better representation than those who rush through consultations or make unrealistic promises.

Does my spouse's lawyer's reputation matter?

Knowing who represents your spouse helps your attorney prepare a strategy. Experienced divorce lawyers in New York know each other's negotiation styles, which can streamline settlement discussions or prepare for aggressive litigation tactics.

Some attorneys have reputations for reasonable collaboration, while others consistently push every case to trial. Your lawyer can adjust their approach based on this knowledge, potentially saving you time and money.

However, don't panic if your spouse hires an expensive or well-known attorney. Cases are decided on facts and law, not lawyer fame. A skilled attorney with moderate rates who knows New York family law thoroughly often achieves better results than a celebrity lawyer charging premium fees.

What are red flags when choosing a divorce lawyer?

Avoid attorneys who guarantee specific outcomes—no ethical lawyer promises particular results in family court. New York judges have broad discretion under Domestic Relations Law §236(B) for property division and maintenance awards.

Be cautious of lawyers who encourage unnecessary conflict or litigation. While some cases require aggressive representation, attorneys who immediately suggest scorched-earth tactics might be more interested in billing hours than resolving your case efficiently.

Warning signs to watch for:

• Poor communication or unreturned calls for days
• Vague billing practices or resistance to discussing fees
• No clear strategy for your case
• Pressure to make immediate decisions during consultation
• Dismissive attitude toward your concerns or questions

Trust your instincts. If something feels off during the consultation, continue interviewing other attorneys before making your final decision.