Divorce

Divorce Attorney Services in NY

The Law Offices of William C. McCulloh has handled thousands of divorce cases across Suffolk and Nassau County. From simple uncontested matters to complex high-net-worth and high-conflict cases, we bring more than 30 years of experience to every file.

Getting Divorced in New York State

Residency Requirements

To file for divorce in New York, at least one spouse must satisfy one of the state's residency requirements — most commonly, two years of continuous residence in New York prior to filing, or one year if the marriage took place in New York, the spouses lived in New York as married, or the grounds for divorce occurred in New York.

What Are the Grounds for Divorce in New York State?

New York recognizes both fault and no-fault grounds for divorce, including:

• Irretrievable breakdown of the marriage for at least six months (no-fault).
• Cruel and inhuman treatment.
• Abandonment for one year or more.
• Imprisonment of a spouse for three or more consecutive years.
• Adultery.
• Living apart pursuant to a separation judgment or written agreement for one year or more.

Extensive list of specialist legal areas we handle

• Contested and uncontested divorce
• Equitable distribution of marital property
• Spousal maintenance (alimony)
• Child support
• Child custody and visitation
• Business valuations
• Imputed income disputes
• Relocation cases
• Post-judgment modifications

Talent and Expertise

Mr. McCulloh is one of the most experienced divorce attorneys on Long Island. He has tried matters at every level — from initial pendente lite motions through full trials before a judge or jury, and through appeals to the Appellate Division.

New York State Divorce Procedure

The Divorce Process

1. Filing a Complaint or Summons — One spouse files a Summons with Notice or a Summons and Verified Complaint with the County Clerk.
2. The Discovery Procedure — Both sides exchange financial information, conduct depositions, and may consult experts (forensic accountants, appraisers, custody evaluators).
3. Negotiation — Most cases settle. Settlement is captured in a Stipulation of Settlement and incorporated into the final judgment.
4. Litigation — If settlement is not possible, motions are filed and the case proceeds toward trial.
5. The Trial — Each side presents evidence; the judge decides contested issues.
6. The Court — The court enters a final Judgment of Divorce reflecting the agreement or the trial decision.

Preparation

The most important step you can take when divorce is on the horizon is to organize your finances and consult with an experienced attorney before papers are served on either side. Document income, assets, debts, and child-related expenses.

FAQ's — Frequently Asked Questions

How long does a divorce take in New York?
An uncontested divorce can be finalized in as little as a few months. Contested matters typically take 9–18 months, and complex cases longer.

Does New York require fault for divorce?
No. New York allows no-fault divorce on the ground of irretrievable breakdown for at least six months.

What is equitable distribution?
Equitable distribution is New York's rule that marital property is divided fairly — not necessarily equally — between the spouses, taking into account a long list of factors.

Residency Requirements and Grounds for Divorce

(See "Getting Divorced in New York State" above for the full residency rules.)

Discover a range of specialized legal services tailored to your needs at McCulloh Law Firm. Whether you're dealing with Family Law, navigating a Divorce, or managing Child Custody issues, our expertise is just a click away. Need assistance with Orders of Protection or require robust Criminal Defense? We're here for you. Facing DWI/DUI Legal Defense charges or Traffic Tickets in West Babylon or Smithtown? Let our legal acumen work for you. Concerned about Fees? Explore our transparent and competitive pricing. Connect with us for compassionate, professional legal support.