Divorce reaches into everything you care about — your children, your home, your savings, and the plans you made for the rest of your life. The decisions you make now will shape all of it. Akiva Shapiro Law, PLLC counsels Long Island spouses and parents through divorce and family law matters with calm, practical guidance. From Old Bethpage in Nassau County, Akiva Shapiro helps you understand your options and protect what you have built.
No-Fault Divorce in New York, in Plain English
You do not have to prove your spouse did something wrong to get divorced in New York. The state allows no-fault divorce: one spouse states under oath that the marriage has broken down irretrievably — beyond repair — for at least six months. That alone is a valid ground for divorce.
The real work of a divorce is everything attached to the grounds: dividing property and debt, spousal support, child support, and a parenting plan. A judge will not sign the judgment of divorce until every one of those pieces is resolved.
Contested vs. Uncontested: Two Very Different Roads
An uncontested divorce means you and your spouse agree on every issue — property, support, and the children. Your agreement is put in writing, filed, and made part of the judgment — usually the fastest and least expensive path, and it keeps decisions in your hands instead of a judge's.
A contested divorce means at least one issue is in dispute. The case moves through financial disclosure, motions, negotiation, and, if needed, trial. Most contested cases still settle along the way — and preparation is what drives good settlements.
Equitable Distribution: Fair Does Not Mean 50/50
New York divides marital property under a rule called equitable distribution. Equitable means fair under the circumstances — not an automatic even split. The court weighs factors such as the length of the marriage, each spouse's income and contributions, and each spouse's needs.
Only marital property gets divided — generally, what either of you acquired during the marriage, regardless of whose name is on it. Separate property, such as assets you owned before the wedding or an inheritance kept in your own name, generally stays yours. The line blurs easily, though: depositing an inheritance into a joint account, or growing a separate asset with marital funds, can turn protected property into divisible property.
Support and Custody: How Courts Decide
New York has statutory guidelines for both spousal maintenance — support paid to a spouse — and child support. Both start from income and produce a presumptive figure — a starting number the court treats as correct — though judges can adjust it when the result would be unjust or inappropriate. Every family's finances are different, so an early, honest look at the numbers matters.
Custody comes down to one standard: the best interests of the child. There is no automatic preference for mothers or fathers. Courts look at caregiving history, stability, each parent's ability to support the child's relationship with the other parent, and, depending on age, the child's own wishes. Legal custody — decision-making authority — and physical custody, where the child lives, are addressed separately.
Mediation, Negotiation, or Litigation?
Not every divorce needs to be a war. Mediation and attorney-led negotiation can resolve most issues privately, faster, and at far lower cost than a trial — and they tend to leave co-parenting relationships in better shape.
But settlement only works when both sides deal fairly. If your spouse hides assets, stalls, or takes unreasonable positions, litigation becomes the tool that protects you. It helps to have an attorney comfortable in both settings. Akiva Shapiro is a member of the New York State Academy of Trial Lawyers and approaches every matter prepared to settle sensibly — or try the case if that is what it takes.
Your Business, Your Inheritance, and Your Estate Plan
If you own a business, it may be the most valuable — and most contested — asset in the case. Valuation, each spouse's role in the company, and how to divide value without dismantling the business all come into play. With an Executive MBA from Duke and roughly thirty years of business operations experience, Akiva Shapiro understands both the legal and the practical sides of that conversation.
Divorce should also trigger a hard look at your estate plan. Your will, beneficiary designations, power of attorney, and health care proxy likely name your spouse. During and after the divorce, review and update them so the wrong person does not end up with your assets — or your medical decisions.
Key Takeaways
- New York allows no-fault divorce based on an irretrievable breakdown of the marriage lasting at least six months.
- Marital property is divided equitably — fairly under the circumstances — not automatically 50/50.
- Custody is decided under one standard: the best interests of the child.
- Mediation and negotiated settlements resolve most divorces, but every case should be built as if it will go to trial.
- Review your will, beneficiary designations, and powers of attorney during and after the divorce.
Frequently Asked Questions
Do I have to prove my spouse did something wrong to get divorced in New York?
No. New York allows no-fault divorce. One spouse states under oath that the marriage has been irretrievably broken for at least six months, and that is a sufficient ground. The court still requires all financial and parenting issues to be resolved — by agreement or by decision — before it signs the judgment of divorce.
Is property split 50/50 in a New York divorce?
Not automatically. New York uses equitable distribution, which means marital property is divided fairly based on factors like the length of the marriage and each spouse's contributions and circumstances. Sometimes that produces an even split; often it does not. Separate property — such as premarital assets or an inheritance kept in your own name — generally is not divided at all.
How do New York courts decide child custody?
By the best interests of the child. Judges weigh caregiving history, each parent's stability and living situation, the ability of each parent to foster the child's relationship with the other, any safety concerns, and sometimes the child's own preferences. Neither parent starts with an advantage based on gender. Parents remain free to agree on their own parenting plan, which courts usually approve.
Can I protect my business in a divorce?
Often, yes — with planning and the right strategy. Courts can treat some or all of a business's value as marital property, but there are ways to address that: accurate valuation, offsetting the business against other assets, structured buyouts, or terms reached in mediation. A prenuptial or postnuptial agreement remains the strongest protection if you plan ahead of the problem.
Should I update my estate plan during a divorce?
Yes. Most married people name their spouse in their will, as a beneficiary, and in their power of attorney and health care proxy. Some updates can be made during the case and others after the judgment, and certain changes are restricted while a divorce is pending — so review the timing with your attorney rather than acting on your own.
This page is attorney advertising and provides general information about New York law; it is not legal advice for your specific situation and does not create an attorney-client relationship. For advice about your circumstances, speak with a licensed New York attorney.