The practice covers custody, support, equitable distribution, and guardianship & SIJ matters. Below, the New York court process is laid out step by step, with the deadlines that actually govern it.
Admitted in New YorkAdmitted in Türkiye — Istanbul BarTrial & Appellate ExperienceEnglish · Türkçe · Español
Divorce, custody, support, and the orders that shape a family's future are decided in New York's courts every day — and the outcome often turns on which side prepared as if trial were certain. Hobstetter Law represents clients across all five boroughs and Nassau and Suffolk Counties in every stage of a family matter, in English, Turkish, or Spanish.
Contested & uncontested divorce
We handle every stage, from negotiated settlements to trial when settlement fails.
Equitable distribution & financial trials
We litigate disputes over property, businesses, retirement assets, and hidden income.
Custody & parenting time
We seek orders built around the child's life, not boilerplate schedules.
We act when circumstances change or when orders are ignored.
The process, plainly
How a New York divorce actually moves
Almost nobody knows what happens after the first filing, and the uncertainty is often worse than the case. Here is the whole route — including the deadlines the court rules impose, which are the reason things happen when they do.
First fork in the road
A case can start contested and become uncontested. Most do move toward agreement — but the terms you agree to are shaped by how well prepared you are to try the case if you don't.
The contested route, with the deadlines that drive it
These are the deadlines the court rules set. A court can extend or modify them, and every case has its own rhythm — but this is the shape of the road.
The automatic orders are the part people miss. The moment a divorce is filed, both spouses become subject to court orders restricting what they may do with property, retirement accounts, debt and insurance — the filing spouse immediately, the other on service. They are not optional and they do not require anyone to ask for them.
New for 2026: revised forms effective March 1, 2026 added a duty to notify the other party within 10 days of learning about a tax lien, foreclosure, bankruptcy or similar proceeding that could affect the marital estate. Anyone working from an older form or an older article is missing this.
DRL § 236(B)(2)(b) · 22 NYCRR § 202.16-a, as amended by L. 2025 ch. 535
Why a no-fault divorce still takes time
"No-fault" describes the reason for the divorce, not the difficulty of it. The disputes are almost never about the grounds — they are about these four.
Custody — who decides, and what is actually decided
Two things confuse people more than anything else in a custody case: which court hears it, and what "custody" means. Neither is complicated once it is drawn.
Custody in New York
Legal and physical custody are separate questions and are frequently decided differently — joint legal custody with primary physical custody to one parent is a common outcome.
A note on the attorney for the child. In a custody case a judge may appoint a lawyer to represent the child, but is not required to — it is discretionary under Family Court Act § 249(a). Pages that describe it as automatic are overstating it. Whether one is likely in your case is worth asking about early, because it changes how the case is presented.
And on property. New York is an equitable distribution state, not a community property state: marital property is divided fairly, which is not the same as equally. What counts as marital property is generally what was acquired during the marriage up to the earlier of a separation agreement or the commencement of the action — regardless of whose name is on it.
DRL § 236(B)(1)(c), (d) · DRL § 236(B)(5)
Questions
Frequently Asked Questions
How long does a New York divorce take?
It depends almost entirely on whether it is contested. An uncontested divorce is a paper process and moves as fast as the paperwork and the court's queue allow. A contested case is governed by the timetable above — service within 120 days, the RJI within 45 days of service, the preliminary conference within 45 days of assignment, then discovery, which is the part that varies most. Anyone who gives you a number without knowing what is in dispute is guessing.
Do I need a reason to get divorced in New York?
Not in the old sense. Since 2010 New York has had no-fault grounds: a sworn statement by one spouse that the marriage has broken down irretrievably for at least six months. Fault grounds still exist but are rarely necessary. What you cannot skip is resolving custody, support, property and fees — no judgment may be entered until those are settled or decided.
Can I be stopped from moving money once the case is filed?
Yes, and it happens automatically. The automatic orders restrict transferring or borrowing against marital property and retirement assets, incurring unreasonable debt, and changing insurance coverage or beneficiaries. They bind the filing spouse on filing and the other spouse on service, and they last until judgment unless the court modifies them. Since March 2026 they also require a party to notify the other within 10 days of learning of a tax lien, foreclosure or bankruptcy proceeding affecting the marital estate.
Will I have to go to court?
In a contested case, yes — the preliminary conference in particular requires both parties to appear personally. In an uncontested divorce, the papers are generally submitted for the judge's signature and the spouses often never appear at all.
How are legal fees structured?
Fees depend on the nature and complexity of the matter. They are discussed candidly at the consultation — before any commitment — and the terms of every engagement are set out in a written retainer agreement.
Which courts do you appear in?
The office appears in New York State courts in all five boroughs of New York City — New York, Kings, Queens, Bronx, and Richmond Counties — as well as in Nassau and Suffolk Counties and before the Appellate Division.
What should I bring to a first consultation?
Bring any court papers or notices you have received, prior filings or applications, and relevant documents such as agreements, financial records, or prior court orders, and — if you can — a brief written timeline of events. Incomplete papers are fine; bring what you have.
I have a court date or filing deadline coming up. What should I do?
Contact the office immediately and say so — time-sensitive court deadlines are triaged first. Include the date and the court in your message.
Last reviewed: August 2026. The deadlines described on this page come from the Domestic Relations Law, the CPLR and the Uniform Civil Rules for the Supreme Court (22 NYCRR § 202.16). Court rules change; this page is reviewed quarterly. It is general information about New York procedure, not legal advice about any particular case.
Get started
Request a Consultation
Tell us briefly about your situation and we will respond to schedule a confidential consultation. Time-sensitive court deadlines are triaged first.
112 W. 34th Street, Ste. 17092, New York, NY 10120 — by appointment
English · Türkçe · Español
Confidential Case Inquiry
Consultations are private and without obligation. Please do not include sensitive details in this initial inquiry — a secure intake will follow once representation is discussed.
Client intake forms (PDF) — download, complete, and bring them to your consultation. These forms contain sensitive personal information, so please do not email completed forms:
