New York Divorce Lawyers

Strategic Divorce Representation Rooted in Experience and Results

At Kearney Law Group, we understand that divorce isn’t just a legal process, it’s a deeply personal transition that can affect every part of your life. Whether you’re facing an uncontested separation or a complex dispute involving children, property, or finances, our experienced divorce attorneys provide strategic guidance to protect your rights and help you move forward with clarity and confidence.

Led by Cannon C. Kearney, a former Administrative Law Judge and trusted advocate, our firm approaches each case with the precision, discretion, and determination our clients deserve. We help individuals throughout New York City navigate divorce with a plan, not chaos.

Experienced Divorce Lawyers Handling Every Aspect of the Process

Every divorce is different. That’s why we tailor our representation to your unique situation and long-term goals. Whether you are ending a short marriage with minimal assets or untangling years of shared finances, our team provides steady guidance at every stage.

We assist clients with:

Contested and uncontested divorce filings
Equitable distribution of marital property and debts
High-asset divorce and business ownership concerns
Child custody, visitation, and parenting plans
Child support and spousal maintenance (alimony)
Divorce mediation and settlement negotiations
Post-judgment modifications and enforcement actions

If your case involves sensitive issues like hidden assets, complex financial holdings, or domestic abuse, we have the experience to advocate assertively while maintaining your dignity and safety.

Get in Touch With One of Our New York Divorce Lawyers Today

Contested vs. Uncontested Divorce: What’s the Difference?

Understanding the type of divorce you’re facing is one of the first steps toward choosing the right legal strategy. In New York, divorce cases generally fall into one of two categories: uncontested or contested. While both end in the dissolution of the marriage, the path to resolution, and the level of time, cost, and emotional stress involved, can differ significantly.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses are in full agreement on all major issues related to the end of their marriage. This includes matters such as:

Division of marital property and debt
Spousal support (alimony)
Child custody and visitation
Child support

When both parties can reach an agreement, either on their own or with the help of legal counsel, there is no need for a trial. The process can move more quickly and cost-effectively, often requiring minimal court appearances. For couples who maintain respectful communication and wish to avoid a prolonged legal battle, an uncontested divorce offers a streamlined, less adversarial option.

At Kearney Law Group, we help clients formalize and finalize their uncontested agreements with care. We ensure that all legal documents are properly prepared, that your rights are still fully protected, and that the final judgment reflects your intentions.

What Is a Contested Divorce?

A contested divorce arises when spouses disagree on one or more critical issues, such as how to divide assets, the appropriate amount of support, or who should have custody of the children. These disputes often require a more involved legal process, which may include:

Discovery: The exchange of financial documents and evidence to fully understand the marital estate
Motions: Legal arguments made before the court on interim matters like temporary support or custody
Negotiation and settlement conferences: Attempts to reach agreement outside of trial
Trial preparation: Building your case through witness testimony, financial experts, and legal argument
Litigation: Presenting your case in court when no resolution can be reached outside of it

While contested divorces tend to be longer and more complex, they are sometimes necessary, especially when your financial future, parenting rights, or personal safety are at stake.

At Kearney Law Group, we approach contested cases with a combination of strategic advocacy and disciplined preparation. We never escalate conflict unnecessarily, but we are fully prepared to litigate when that is the most effective path to protecting your interests.

Helping You Choose the Right Path

Deciding between contested and uncontested divorce isn’t just about where you stand now, it’s about understanding where the process may lead. In some cases, what starts as uncontested may become contested if new disagreements surface. In others, a contested case may still be resolved through smart negotiation before trial.

At Kearney Law Group, we work closely with you from the outset to assess your priorities, weigh the risks and benefits of each approach, and choose the path that aligns with your goals. Whether you are aiming for a quiet resolution or need aggressive courtroom advocacy, we’re here to help you move forward with confidence, clarity, and protection at every step.

Property Division and Financial Settlements

Dividing assets and debts during a divorce is one of the most complex and emotionally charged aspects of the process. In New York, marital property is divided under the legal principle of equitable distribution. That means the court aims to divide property fairly, not necessarily equally, based on a wide range of factors such as the length of the marriage, the contributions of each spouse, and each party’s future financial outlook.

At Kearney Law Group, we take a strategic and detail-oriented approach to property division. Our first step is to help clients identify and distinguish between marital and separate property. Marital property generally includes any assets or debts acquired during the marriage, regardless of whose name is on the title. This can include:

Real estate (including the marital home or investment properties)
Bank accounts and stock portfolios
Retirement accounts, pensions, and 401(k)s
Businesses and professional practices
Personal property such as vehicles, artwork, jewelry, and collectibles
Debts incurred during the marriage, such as mortgages, credit cards, or loans

We work with financial experts, appraisers, and forensic accountants when needed to ensure a full and accurate valuation of all marital assets. For individuals with high net worth or complex financial portfolios, this step is essential for securing a just and sustainable outcome.

In addition to identifying and dividing property, we also represent clients in more nuanced financial matters, including:

Separate property claims – Protecting assets owned prior to the marriage, inheritances, or gifts that may be excluded from distribution
Enforcement of prenuptial and postnuptial agreements – Ensuring that legally binding agreements are upheld and properly interpreted during the divorce process
Forensic accounting and asset tracing – Uncovering hidden income, offshore accounts, or assets transferred in anticipation of divorce
Tax implications of property settlements – Advising on how the division of assets will impact capital gains, retirement distributions, or future liabilities
Spousal support (alimony) negotiations – Coordinating financial settlements that consider not only property division but also ongoing support obligations

Our goal is not only to protect your immediate interests but also to help you transition into the next phase of your life with financial clarity and confidence. Whether your case involves straightforward asset division or high-stakes litigation, we work tirelessly to secure a resolution that positions you for long-term stability and success.

Child Custody and Support in Divorce

When children are involved in a divorce, the emotional and legal stakes are significantly higher. Custody and support decisions don’t just impact the outcome of the case, they shape your child’s life and your role in it for years to come. That’s why we approach every custody matter with deep care, legal precision, and a focus on preserving your child’s well-being.

At Kearney Law Group, we represent parents in all aspects of child custody and support, whether the goal is reaching an amicable agreement or preparing for court intervention. We work closely with our clients to develop parenting plans that reflect the best interests of the child while protecting parental rights and ensuring that both parties understand their responsibilities moving forward.

Our custody services include:

Legal and physical custody determinations – Helping clients understand and assert their rights regarding decision-making authority and where the child will primarily reside
Visitation and parenting time arrangements – Establishing clear, workable schedules that support the child’s routine and preserve meaningful relationships with both parents
Relocation requests – Representing clients seeking or opposing parental relocation, including cases that involve moving out of state or long-distance parenting plans
Parental access disputes – Resolving disagreements over communication, visitation, holidays, and travel

When it comes to child support, we ensure that all financial arrangements comply with New York’s Child Support Standards Act while accounting for the specific needs of the child and the financial circumstances of each parent. We assist clients in:

Calculating support obligations based on income, childcare expenses, medical needs, and education costs
Seeking modifications to existing support orders due to job loss, income changes, or shifting custody arrangements
Enforcing unpaid child support through legal action when necessary to protect the child’s welfare

Our role is to reduce conflict, clarify expectations, and ensure that your child’s best interests remain front and center. Whether you are seeking primary custody, shared parenting, or financial stability for your child, we provide the guidance and advocacy needed to move forward with structure and support.

Why Choose Kearney Law Group?

Cannon C. Kearney brings a rare depth of experience to divorce representation in New York. As a former Administrative Law Judge and a seasoned litigator, he combines courtroom insight with a strategic, client-centered approach. Clients trust our firm not only for our legal knowledge, but for our commitment to discretion, clarity, and results.

We provide:

Personalized legal strategy tailored to your goals
Transparent communication throughout your case
Experience handling complex, high-conflict matters
Supportive guidance during one of life’s most challenging transitions

Our clients are not treated like case files, they are individuals with unique concerns, families, and futures to protect.

FREE CONSULTATION

Frequently Asked Questions

How long does a divorce take in New York?

The length of a divorce in New York depends on whether the case is uncontested or contested. Uncontested divorces, where both spouses agree on all key issues such as property division, child custody, and support, can often be finalized in as little as three to six months, assuming all documents are filed properly and court processing times are reasonable.

In contrast, contested divorces, where there is disagreement over one or more critical issues, tend to take longer. These cases may require formal discovery, multiple court appearances, and even trial, which can extend the timeline to a year or more. Factors such as the complexity of assets, parental disputes, and court scheduling all influence how long the process takes. Our firm works proactively to keep your case moving while protecting your long-term interests.

What is considered marital property?

Under New York law, marital property includes nearly all assets and debts acquired by either spouse during the marriage, regardless of who earned or purchased them. This typically includes:

Income and wages
Real estate purchased during the marriage
Retirement accounts and pensions
Investment accounts
Business interests
Vehicles, household goods, and furnishings
Debts such as credit card balances or loans

Property is not considered marital if it was acquired before the marriage, received by one spouse as a gift or inheritance, or protected by a valid prenuptial agreement, provided it hasn’t been mixed with marital assets. At Kearney Law Group, we carefully analyze your asset history and documentation to distinguish between marital and separate property, and ensure fair, strategic division.

Do I have to go to court to get divorced?

Not necessarily. Many divorces are resolved without a trial through settlement negotiations or mediation. These out-of-court methods can be faster, less expensive, and more private, particularly when both parties are willing to cooperate.

However, if you and your spouse cannot reach an agreement on key issues, such as child custody, property division, or support, then court involvement becomes necessary. In those situations, a judge will make the final decisions after reviewing each party’s evidence and arguments.

At Kearney Law Group, we aim to resolve matters efficiently and amicably whenever possible. But if litigation is required, we’re fully prepared to represent your interests with strength and focus in court.

Can I change a custody or support order after divorce?

Yes. Family law recognizes that life circumstances change. If there has been a substantial change in circumstances since the original court order, such as a significant income change, relocation, a shift in parenting schedules, or a change in your child’s needs, you can file a petition to modify custody, visitation, or support orders.

Modifications require court approval and must demonstrate that the proposed changes are in the child’s best interests or necessary for fairness. We help clients evaluate whether they qualify for a modification and guide them through the process of seeking or opposing changes to existing orders.

Is my prenuptial agreement enforceable?

In most cases, yes, if the agreement meets the legal requirements. For a prenuptial agreement to be enforceable in New York, it must be:

In writing and signed by both parties before the marriage
Executed voluntarily and without pressure
Based on full and fair financial disclosure
Reasonable and not unconscionable at the time of signing

Each party should also have had the opportunity to consult their own attorney. Courts may decline to enforce a prenup if it was signed under duress, contains unfair terms, or lacks proper disclosure. We assist clients with enforcing or challenging prenuptial agreements as part of their divorce strategy.

How is spousal support (alimony) determined?

Spousal support, also known as spousal maintenance, is calculated using a formula established by New York law, but courts may deviate based on individual circumstances. The basic factors considered include:

The income of both spouses
The length of the marriage
The recipient’s ability to become financially independent
The paying spouse’s ability to provide support
The standard of living established during the marriage
Health, age, and childcare responsibilities

There are two primary types of spousal support: temporary maintenance (awarded during the divorce process) and post-divorce maintenance (longer-term support after the divorce is finalized). Our attorneys help you understand your rights, advocate for fair terms, and ensure the court has a complete financial picture.

What happens if my spouse doesn’t disclose all assets?

Hiding assets during divorce is a serious issue and can significantly affect the outcome of your case. Both spouses are legally required to provide complete financial disclosure. If one party conceals income, property, or accounts, it undermines the court’s ability to issue a fair settlement.

Our firm uses legal discovery tools such as subpoenas, depositions, and forensic accounting when there are concerns about missing or misrepresented financial information. If asset concealment is proven, the court may award a larger share of the assets to the other party or impose financial and legal penalties on the dishonest spouse.

Can I get a divorce if my spouse doesn’t want one?

Yes. In New York, you do not need your spouse’s consent to get divorced. The state recognizes no-fault divorce, which allows one spouse to file on the basis that the marriage has irretrievably broken down for at least six months.

If your spouse refuses to respond or participate, you can still proceed through a process called default divorce. As long as proper notice is served and all procedural requirements are met, the court can finalize the divorce even without your spouse’s cooperation. We guide clients through contested or one-sided divorces with confidence and care.

What if we own a business together?

When spouses co-own a business, divorce introduces both financial and operational challenges. The business must be properly valued, often with the help of a forensic accountant or valuation expert, and decisions must be made about how to divide or manage ownership.

Options include:

One spouse buying out the other’s interest
Selling the business and dividing proceeds
Continuing joint ownership (in rare, amicable cases)

We protect your financial interests by reviewing corporate records, profit structures, and liabilities while working to ensure that any business resolution aligns with your long-term goals.

How much does a divorce cost in New York?

The cost of divorce varies widely depending on your circumstances. A simple, uncontested divorce may cost only a few thousand dollars, while a contested divorce involving high-value assets, custody litigation, or business evaluations can become significantly more expensive.

Major factors that affect cost include:

Level of cooperation between spouses
Number of contested issues
Need for expert witnesses or forensic accountants
Duration of litigation
Attorney and court filing fees

At Kearney Law Group, we believe in transparent communication. We provide clear estimates, detailed explanations of your options, and strategic planning to help control costs while protecting your interests throughout the process.

Speak With a Trusted New York Divorce Attorney

Whether you are just beginning to consider divorce or need immediate legal representation, the first step is understanding your options. At Kearney Law Group, we’re here to listen, guide, and advocate for what matters most to you.

Contact us today to schedule a confidential consultation with an experienced divorce lawyer in New York City.