New York Divorce Lawyer

New York divorce law is the same whether you live in a Brooklyn brownstone, a Queens two-family house, or a colonial in Westchester. What changes is everything else: the courthouse that hears your case, the kind of property you own, and the way your family’s life is organized. A good divorce strategy has to account for both the law and the life it is being applied to.

Stephen Bilkis has spent nearly 30 years handling divorce, custody, support, and other matrimonial cases across New York. Together, the attorneys at Stephen Bilkis & Associates bring more than 300 years of legal experience, and the firm has handled more than 10,000 divorce matters, counting both consultations and cases. That experience covers courts throughout New York City, Long Island, and Westchester.

Along the way, Stephen Bilkis has earned recognition from a number of respected legal organizations. He has been named to the New York Super Lawyers list, an honor limited to 5% of attorneys in the state, and Avvo has given him its Excellent rating. Justia has recognized him as a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

When a marriage is coming to an end, the questions about everyday life can feel overwhelming. You may be asking yourself where your children will live and go to school, whether you can stay in your home, how your savings, retirement plans, and any business you own will be split, and whether your spouse is being truthful about money. We begin by getting to know your family, your finances, and what you hope to achieve, so the plan we put in place fits your circumstances instead of following a formula.

Is My New York Divorce Contested or Uncontested?

Whether you and your spouse still agree on most things or can no longer talk without it turning into an argument, the path your divorce takes will decide how long it lasts, what it costs, and how much strain it puts on your family. Stephen Bilkis handles both contested and uncontested divorces, and he knows that the label a case starts with does not always stay the same. We treat an uncontested divorce with the same care as a contested one, because an agreement that leaves out an issue can lead to costly disputes years later.

The easiest way to see the difference is to look at what happens next in each kind of case. In an uncontested divorce, you and your spouse have already agreed on everything, so the work is mostly paperwork: a complete settlement agreement and the court forms that go with it, often finalized within a few months without either of you going to court. In a contested divorce, even one open issue, such as who keeps the home or how much support will be paid, means the case moves through financial disclosure, court conferences, and possibly a trial, which can take a year or longer.

In a contested case, Stephen Bilkis and his team gather financial records through discovery, bring in appraisers and other experts when needed, and prepare witnesses and evidence for court. Many contested cases still settle before trial. Thorough preparation gives our clients more leverage when it is time to negotiate.

In Manhattan, divorce cases are heard in New York County Supreme Court at 60 Centre Street. According to the New York State Department of Health, New York courts granted 44,222 divorces in 2022, including 16,532 in New York City, so judges and court staff expect papers to be complete and correct. Uncontested papers are reviewed by the court’s Matrimonial Support Office before the judgment is signed, and papers with missing forms or errors can be sent back, which delays the divorce. In a contested case, the court holds a preliminary conference early on and sets deadlines for exchanging financial documents.

Some clients come to us worried that their spouse will simply refuse to go along with a divorce. A spouse cannot block a divorce that way. Under Domestic Relations Law § 170(7), a spouse can seek a no-fault divorce based on the irretrievable breakdown of the marriage for at least six months. Your spouse can still dispute custody, property, maintenance, and child support, but refusing to consent does not prevent the marriage from being legally ended.

Divorcing Out of Court in New York

Many couples want to end their marriage without spending months in court, draining their savings on legal fees, or putting their children in the middle of a public fight. Stephen Bilkis & Associates counsels clients who are considering either of the two main out-of-court options. Our approach is to support a cooperative process while making sure you understand your rights before agreeing to anything.

In mediation, a neutral mediator helps you and your spouse negotiate, but the mediator cannot give legal advice to either of you. We fill that role by preparing you for each session, explaining how a proposed term compares with what a court would likely order, and reviewing the final agreement before it becomes binding. In a collaborative divorce, each spouse has their own attorney, and everyone agrees in writing to resolve the case through a series of meetings rather than in court. Neither option is right when there has been domestic violence or one spouse controls the family finances, and we will tell you honestly if your interests would be better served another way.

Couples who are working together often hope to save money by sharing one divorce lawyer. That is not allowed, because the spouses have separate legal interests, even when they agree on every issue today. One spouse may hire a lawyer to prepare or review the agreement, while the other can hire a separate lawyer or proceed without one, and we can protect your interests while helping you complete an uncontested divorce.

How Do New York Courts Decide Custody?

Few things in a divorce are more frightening than the thought of missing bedtimes, school events, and the everyday moments that make up your children’s lives. Mothers and fathers throughout New York turn to Stephen Bilkis when custody, visitation, or parenting time is in dispute, whether in Supreme Court or Family Court. The firm focuses on building a parenting arrangement that protects your relationship with your children and gives them stability.

New York courts decide custody based on the best interests of the child. They weigh each parent’s history of caregiving, the stability of each home, the child’s needs and, depending on age, the child’s wishes, and each parent’s willingness to support the child’s relationship with the other parent. Parenting time, also commonly called visitation, can range from a flexible schedule the parents agree on to a detailed court order covering weekdays, weekends, holidays, vacations, and exchanges.

When a case involves a forensic evaluation or an attorney for the child, we prepare clients for each interview and challenge findings that are incomplete or unfair. The experienced New York divorce lawyers at our firm also make sure custody and parenting time fit within the overall strategy for the divorce.

Many parents also wonder whether they can start dating before the divorce is final. You can, but how you handle it can matter in a custody case. Introducing children to a new partner too quickly, or having that person stay overnight while the children are with you, can become an issue if the other parent raises it with the court. We help clients think through these choices early, so a new relationship does not become a distraction from what the court cares about most, which is the children’s well-being.

How Much Child Support Will I Pay in New York?

Whether you are worried about keeping a roof over your children’s heads or about being ordered to pay more than you can afford, child support is often one of the most stressful parts of a divorce. Stephen Bilkis helps parents calculate support accurately, whether they will be paying it or receiving it. Our approach starts with a close look at what both parents actually earn, not just the figures reported on a tax return.

Every parent in New York has a legal obligation to support their children until they reach 21. Under Domestic Relations Law § 240(1-b), basic support is generally a percentage of the parents’ combined income up to a statutory cap: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Courts may also divide child care, health insurance, unreimbursed medical costs, and in some cases educational expenses.

Income above the cap is treated differently. The court is not required to apply the percentages to that income, and if it decides to, it must explain why based on factors such as the family’s standard of living, the children’s needs, and each parent’s resources. We present that evidence, whether our client is asking the court to include the higher income or arguing that the cap should be the limit.

Income is harder to pin down when a parent is self-employed, paid in cash, or deliberately earning less than they could. Say a parent owns a dry cleaner in Brooklyn and reports far less income than the family spends each month. We would compare the business’s bank deposits and the household’s spending with the tax returns, and then ask the court to base support on what the parent actually earns, not the lower figure reported.

Will I Get Alimony in a New York Divorce?

For a spouse who stepped away from a career to raise children or run the household, divorce can bring real fear about paying rent and covering basic expenses, while the higher-earning spouse may worry about payments they cannot sustain. Stephen Bilkis represents  both spouses who need maintenance and spouses who may be ordered to pay it. The firm works to make sure any award reflects each spouse’s true financial picture and the realities of life after the divorce.

Maintenance, formerly called alimony, is support paid from one spouse to the other while the divorce is pending, after it is final, or both. New York uses guidelines to calculate maintenance based on the spouses’ incomes up to a cap that adjusts periodically. The length of the marriage sets an advisory range for how long payments should last.

Courts may depart from the guidelines after considering factors such as age and health, earning capacity, and whether one spouse gave up career opportunities to care for the household or children. We prepare the evidence needed to argue for or against a different amount or length.

Equitable Distribution of Property in New York

Dividing a home, savings, and retirement plans that you spent years building together can feel like watching your life’s work split in two, and a mistake here can impact your finances for decades. Stephen Bilkis handles property disputes ranging from the family home and retirement plans to closely held businesses, professional practices, and complex investments. We begin with a full inventory of every asset and debt so that nothing is overlooked, undervalued, or quietly moved.

New York divides marital property through equitable distribution, which means a fair division that is not necessarily an equal one. Marital property generally includes anything acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, such as premarital assets, inheritances, and certain gifts, generally stays with the spouse who owns it.

When assets may be concealed, Stephen Bilkis and his team review tax returns, bank and brokerage statements, and business records. When necessary, we use subpoenas and forensic accountants to trace and value them.

A common worry early in a divorce is whether you have to move out of the home before filing. You generally do not, and in some cases both spouses keep living there while the case is pending. Before moving out on your own, especially when you have children or there is a dispute over who will stay, talk with the experienced New York divorce lawyers at our firm about how that decision could impact your case.

Dividing Debt in a New York Divorce

Finding out that you could be responsible for credit card balances, car loans, or tax bills your spouse ran up can feel like being punished for the end of the marriage. Stephen Bilkis & Associates helps clients sort out which debts are truly shared and which should stay with the spouse who created them. We start by listing every debt, when it was taken on, and what the money was used for.

Debt is divided through equitable distribution, just like property. Debts taken on during the marriage for family expenses, such as a mortgage, a car the family used, or credit cards used for household bills, are usually treated as marital. Debts one spouse took on for purely personal reasons, such as gambling or spending on an affair, may be assigned to that spouse alone.

A divorce judgment does not bind your creditors, so a lender can still pursue you on a joint account even if the judgment makes your spouse responsible for it. To protect you, we negotiate terms that require the other spouse to refinance or pay off joint debts and to reimburse you if they fail to pay. We also look at whether joint credit cards should be closed or frozen while the divorce is pending.

Prenuptial and Postnuptial Agreements in New York

A prenup or postnup is meant to settle hard questions in advance, so when a marriage ends, the focus turns to making sure the agreement does what it was supposed to do. Stephen Bilkis & Associates litigates the enforcement and validity of these agreements for clients across New York. We examine how the agreement was negotiated and signed and what each spouse disclosed, to determine whether it should be enforced or challenged.

An agreement may be set aside in some circumstances, such as when it was not properly signed and acknowledged, was obtained through fraud or duress, or is unconscionable. Because a missing step in signing can undo an otherwise sound agreement, we check the formal requirements first. We then look at whether the terms still fit what each spouse expected when they signed.

New York courts take those formal requirements seriously. In Galetta v. Galetta, 21 N.Y.3d 186 (2013), both spouses signed their prenup before the wedding, but the notary’s acknowledgment for the husband’s signature left out language confirming that the notary knew who he was. The Court of Appeals held that the agreement could not be enforced, even though no one disputed that the husband had signed it, and a notary’s later attempt to fix the problem was not enough. Whether we are defending an agreement or challenging one, we review the acknowledgment as carefully as the terms themselves.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

Contact the experienced New York divorce lawyers at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what happened, whether a court date or temporary order is pending, and what you hope to accomplish. We will discuss the situation and identify the next steps that may be available. Early action matters, because decisions made in the first weeks of a divorce, such as moving out or moving money, can impact the rest of the case.

At Stephen Bilkis & Associates, we take the time to learn about your marriage and the issues that matter to you. When an agreement can protect your interests, we work toward resolving the case through negotiation. When important issues cannot be resolved, we are prepared to advocate for you in court.

That work is led by a founder whose practice has been widely recognized. Stephen Bilkis has been selected to the New York Super Lawyers list, which honors the top 5% of attorneys in the state. He is rated Excellent by Avvo, has been named a Top-Rated Lawyer by Justia, and has also been recognized by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. The firm also serves Nassau County, Suffolk County, Westchester County, and other communities in the New York area.