Divorce & Separation Attorneys in New York & New Jersey

Navigating Divorce & Separation in NYC & NJ

Divorce is a life-changing decision that impacts your finances, family, and future. Whether you're filing in New York or New Jersey, the legal process can be complex—especially when it comes to child custody, spousal support, and property division.


At Larkin Farrell, we represent clients across New York City and New Jersey, helping them navigate both contested and uncontested divorces. Whether you need an aggressive litigator in Manhattan Supreme Court or a divorce mediation attorney in Monmouth County, our firm builds strategic, results-driven solutions tailored to state-specific laws.

Types of Divorce in New York & New Jersey

Understanding state-specific divorce laws is essential, as NY and NJ have different filing requirements and legal procedures.


Contested vs. Uncontested Divorce

Uncontested Divorce → Both spouses agree on all terms (custody, assets, support) without court battles.
Contested Divorce → Disputes over key issues lead to litigation in Supreme Court (NY) or Superior Court (NJ).

Fault vs. No-Fault Divorce

No-Fault Divorce (NY & NJ) → Most common, based on irreconcilable differences.
Fault-Based Divorce (NY Only) → Cites adultery, abandonment, or cruelty (less common, but sometimes impacts asset division).

Divorce vs. Legal Separation in NYC & NJ

Not every couple wants or needs a divorce. Some opt for legal separation, allowing them to:


Live apart with court-approved financial & custody arrangements
Maintain health insurance benefits & religious considerations
Decide later whether to proceed with a formal divorce


However, legal separation laws differ in NY & NJ:


  • In New York, couples can file for a Separation Agreement before divorcing.
  • In New Jersey, legal separation is not a formal court action, but separate maintenance agreements can be created.


Not sure which path is right for you?

Our attorneys can guide you through your options.

Key Considerations in Divorce Cases (NY & NJ)

Child Custody & Support

A black and white drawing of a boy and a girl holding hands.

New York:  Courts prefer joint custody but will decide based on the child's best interests.
New Jersey:  Custody is determined based on stability, finances, and parenting ability.

Spousal Support (Alimony)

A black and white drawing of a stack of money and coins.

New York: Courts assess length of marriage, income differences, and financial need.
New Jersey:  Alimony types vary from temporary to permanent support, based on earning potential.

A pair of hands holding a scale of justice.

Division of Assets & Property

Both states follow equitable distribution → meaning assets are divided fairly but not necessarily equally. New York Courts consider spouse contributions, earning potential, and marital property value. New Jersey Courts look at financial dependence and asset valuation.

Frequently Asked Questions

  • How long does a divorce take in New York & New Jersey?

    The timeline for a divorce depends on whether the case is contested or uncontested. In New York, an uncontested divorce can be finalized in as little as three to six months, while a contested divorce may take over a year. In New Jersey, an uncontested divorce can be completed in as little as 90 days, whereas contested cases often extend for a year or more, depending on court schedules and disputes over assets and custody.

  • Is legal separation an option in both states?

    New York allows couples to enter into a formal Separation Agreement, which can later be converted into a divorce if necessary. New Jersey does not have a formal legal separation process, but spouses can create separate maintenance agreements to outline financial and custodial responsibilities while remaining legally married.

  • How is spousal support determined?

    In both states, courts consider factors such as the length of the marriage, each spouse’s earning capacity, financial need, and standard of living during the marriage. New York follows statutory guidelines, while New Jersey courts evaluate multiple factors on a case-by-case basis.

  • How is property divided in a divorce?

    Most cases settle out of court, but we are fully prepared to take your case to trial if it means securing the justice you New York and New Jersey both follow equitable distribution laws, meaning that marital property is divided based on fairness rather than an automatic 50/50 split. Courts will assess income, contributions to the marriage, future financial needs, and asset valuation when determining the division of assets.

Serving NYC & NJ: Your Trusted Divorce & Separation Attorneys

Divorce is a life-changing event that requires strategic planning and experienced legal representation. Whether you are navigating a divorce in New York City or New Jersey, the decisions you make today will impact your finances, parental rights, and long-term stability. With offices in Manhattan and Red Bank, NJ, our firm is equipped to handle cases in New York Supreme Court and New Jersey Superior Court, providing tailored legal strategies to protect your rights, assets, and future. Now is the time to seek legal guidance—having the right attorney on your side can make all the difference.

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