In re: Your divorceFamily Court · Supreme CourtManhattan · Queens · All five boroughs
Divorce lawyer in Queens & NYC
Reviewed by David Schnall, Esq.Last reviewed
Contested or uncontested, a New York divorce is filed in Supreme Court, and it settles your home, your money and your time with your children. David Schnall brings 33 years of family law and a background in finance and accounting to every one of those decisions.
Free virtual consultation · By video or phone · Confidential
33
Years of family law
N.Y. Bar 1993 · S.D.N.Y. 1994
1,000+
Clients represented
Family law only
4.9
Rating on Avvo
58 client reviews
4×
Avvo Clients’ Choice
2018 · 2019 · 2021 · 2023
NYU
School of Law
J.D. 1991 · B.A. in Finance and Accounting
Every
NYC Family Court
Plus NYS Supreme & S.D.N.Y.
In brief
Divorce in New York: key facts.
General information about New York law, not advice about your case. Each point is explained below.
- Which court
- Supreme Court only. Custody, support and property can be decided in the same case.
- Grounds
- No-fault: one spouse states under oath that the marriage has broken down irretrievably for at least six months.
- Residency
- Generally two years; one year if you married here, lived here as spouses, or the grounds arose here.
- Property
- Marital property is divided equitably. Separate property, such as an inheritance, generally stays separate.
- Maintenance
- Set by a statutory formula on the payor’s income up to $241,000, from March 1, 2026.
A divorce decides more than a marriage.
The judgment that ends your marriage also decides who keeps the home, how the savings and the retirement accounts are divided, whether one spouse pays the other maintenance, and where your children live. Much of it is hard to undo later.
That is why the first months matter. What you sign, what you disclose, what you move out of a joint account, even what you text your spouse can end up in front of the court. People lose ground less often because the law is against them than because they walked in unprepared.
David Schnall’s job is to make sure you are prepared. He will tell you what a fair result looks like on your facts, what is worth fighting for and what isn’t, before you spend money on litigation you don’t need.
Every part of the divorce, one lawyer.
From the first filing to the final judgment: the property, the support and the children, handled together so the strategy stays consistent.
Contested divorce
When you and your spouse disagree about money, property or the children: disclosure, motions, negotiation and, if it comes to it, trial.
Uncontested divorce
When you agree on everything, the papers still have to be right. A clear, complete agreement now is what keeps you out of court later.
Division of marital property
The home, savings, retirement accounts, businesses and debts: identified, traced and valued before anything is divided.
Spousal maintenance
Temporary maintenance while the case is pending and maintenance after the divorce, under New York’s guidelines, whether you would pay it or receive it.
Custody and child support
Custody, parenting time and child support decided inside the divorce, with your children’s interests at the center of the plan.
Prenuptial, postnuptial and separation agreements
Drafted or reviewed on your behalf, whether you are marrying, staying married, or separating without divorcing yet, so you know exactly what you are signing.
Not sure your situation fits a box? Most family cases touch more than one. The consultation sorts that out.
Discuss your caseA divorce is decided on the numbers.
- i.
A background in finance and accounting
B.A. in Finance and Accounting, University of Florida
Property division, maintenance and child support all turn on tax returns, bank records, business income and valuations. David Schnall holds a degree in finance and accounting, so the financial side of your case gets the same scrutiny as the legal side.
- ii.
33 years of family law, and only family law
Admitted to the New York Bar, 1993 · NYU Law
He has represented 1,000+ clients in New York State Supreme Court, where divorces are filed, and in every New York City Family Court. The practice is limited to family law.
- iii.
The truth, including when not to fight
An honest assessment, not a sales pitch
Some disputes are worth a trial. Many aren’t worth what they would cost. You will hear which is which, plainly, so the money you spend goes where it can change the outcome.
How a divorce moves in New York.
Every divorce is different, but most follow the same path. Here is the outline, so the next step never comes as a surprise.
Which court
New York State Supreme Court. Only Supreme Court can grant a divorce, and custody, support and property can all be decided in the same case.
- 01
Free consultation and strategy
Bring the facts and any papers you already have. You leave knowing how to reach your goals, how the case will unfold, how long it may take, and what it is likely to cost.
- 02
Filing in Supreme Court
The divorce begins when a summons is filed with the County Clerk and served on your spouse. Under the no-fault ground, one spouse states under oath that the marriage has broken down irretrievably for at least six months. Automatic orders then bar both spouses from hiding or transferring marital property while the case is pending.
- 03
Financial disclosure
Both spouses exchange sworn statements of net worth and the records behind them: tax returns, pay stubs, bank, credit card and retirement statements. This is where missing assets are found, and where a background in finance and accounting counts.
- 04
Temporary orders
While the case is pending, the court can order temporary maintenance, child support and a parenting schedule, so there are rules in place while the divorce proceeds.
- 05
Preliminary conference and negotiation
The court holds a preliminary conference to set a schedule and narrow the issues. Many divorces settle in a written agreement once both sides can see what a trial would likely produce.
- 06
Trial, if it is needed, and the judgment
Whatever can’t be settled, the judge decides after a trial. Either way, the case ends with a judgment of divorce that sets out every term.
Four ideas that shape every New York divorce.
The vocabulary you will hear from the first conference on, in plain English.
No-fault divorce
New York grants a divorce when one spouse states under oath that the marriage has broken down irretrievably for at least six months. Other grounds, including fault grounds, still exist. The judgment is not granted until property, maintenance, child support, custody and counsel fees are resolved, by agreement or by the court.
Equitable distribution
Marital property is divided equitably: fairly, which does not always mean equally. Marital property is what was acquired during the marriage. Separate property, such as what you owned before the marriage or inherited, generally stays yours, but it has to be traced and proved, and mixing it with marital money can complicate that.
Spousal maintenance
Maintenance is support one spouse pays the other. Temporary and post-divorce maintenance are calculated with a statutory formula on the payor’s income up to a cap ($241,000 as of March 1, 2026), and the court may award additional maintenance on income above the cap. How long post-divorce maintenance lasts is guided by the length of the marriage.
Residency
Generally two years: you or your spouse must have lived in New York continuously for two years before filing, or one year if you married in New York, lived here as a married couple, or the grounds for the divorce arose here. In a few situations no minimum period applies.
General information about New York law, not legal advice for your situation. The law changes and every case turns on its facts; the free consultation applies it to yours.
… He has won every single motion my ex husband has tried to throw at me! Every single one! He is beyond fairly priced and his confidence is what wins ! I highly highly recommend him!
… He doesn't beat around the bush. IF YOU WANT SOMEONE TO CODDLE YOU AND TELL YOU WHAT YOU WANT TO HEAR, THEN HE IS NOT THE ATTORNEY FOR YOU. …
Reviews are quoted exactly as clients wrote them and reflect individual experiences. Prior results do not guarantee a similar outcome.
Read more client reviewsAn honest assessment, not a sales pitch.
Your free consultation covers how to achieve your goals, how your case will unfold, how long it will take, and the estimated costs.
Free consultations are virtual, by video or phone: start from anywhere.
Free virtual consultation · By video or phone · Confidential
Divorce: straight answers.
The questions people ask first, answered plainly. Your own facts are what the free consultation is for.
It depends on how much you and your spouse agree on. An uncontested divorce with every issue settled moves fastest; a contested divorce with disputes over property or children takes longer, sometimes much longer. You will get a straight estimate for your case in the free consultation.
Not in the old sense. Under the no-fault ground, one spouse states under oath that the marriage has broken down irretrievably for at least six months. The divorce is granted once the financial and parenting issues are resolved, by agreement or by the court.
Not necessarily. New York divides marital property equitably, which means fairly, and fair is not always fifty-fifty. Property you owned before the marriage or inherited is generally separate and stays yours, if it can be traced. How your assets are classified and valued is where much of a divorce is decided.
It depends on both spouses’ incomes. New York calculates maintenance with a formula based on each spouse’s income, up to a statutory cap, and ties how long post-divorce maintenance lasts to the length of the marriage. The consultation will run your numbers.
No. The firm represents one spouse, not both. Your spouse can have a lawyer or represent themselves. Even when you agree on everything, have the agreement reviewed on your behalf before you sign it: it will govern your finances for years.
Gather what you can: recent tax returns, pay stubs, bank, credit card and retirement statements, deeds, and any agreement you signed. Don’t move money out of joint accounts or hide assets; it can be held against you. Then call for a free consultation before you sign anything.
Begin the record.
What you’ll learn in your free consultation
- 01How to achieve your goals
- 02How your case will unfold
- 03How long it will take
- 04The estimated costs
An honest assessment, not a sales pitch.
Free consultations are virtual, by video or phone: start from anywhere.Same-day response from the firm