A contested Manhattan divorce is heard in the Supreme Court, New York County, at 60 Centre Street when spouses cannot agree on property, support, custody or the divorce itself. Complex finances can mean valuing a business, a partnership interest or equity compensation, and setting support for incomes above the statutory caps. Neuhaus & Yacoob handles contested Manhattan divorces under a written retainer agreement, with consultations by phone or video.
At a glance
- Court: Supreme Court, New York County, 60 Centre Street.
- Valuation: assets can be valued on any date from the start of the action to trial (DRL § 236(B)(4)(b)).
- Support above the caps ($193,000 for child support, $241,000 for maintenance) is set by the court in its discretion.
- Matrimonial files are not public (DRL § 235).
- Billed under a written retainer agreement, not a fixed fee.
Contested divorce for Manhattan residents
A divorce is contested when your spouse opposes it or the two of you cannot agree on at least one issue the court must decide. The case is filed in the Supreme Court, New York County, at 60 Centre Street if either spouse lives in Manhattan or a minor child of the marriage does (CPLR 515). The process is the same statewide: filing and the automatic orders, temporary relief, a preliminary conference within 45 days after a judge is assigned, disclosure, and settlement or trial (22 NYCRR 202.16(f)). Our Brooklyn contested divorce page walks through each step. This page focuses on issues that come up in Manhattan cases. For the underlying law, see contested and high-net-worth divorce.
Valuing a business or professional practice
When one spouse owns a company, a partnership interest or a professional practice, the case usually turns on two questions: how much of it is marital, and what it is worth. A business started during the marriage is generally marital. One that predates the marriage is separate, but growth can be marital to the extent it came in part from the other spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)). The court may set the valuation date anywhere from the start of the action to trial (DRL § 236(B)(4)(b)). Each side may retain its own expert, and the court may appoint a neutral accountant or appraiser, with the cost paid as the court directs (22 NYCRR 202.18). Expert reports must be exchanged and filed no later than 60 days before trial (22 NYCRR 202.16(g)(2)).
Bonuses, RSUs and carried interest
Equity compensation granted during the marriage is divided under the approach the Court of Appeals adopted in DeJesus v. DeJesus, 90 N.Y.2d 643 (1997): the court first decides whether an award pays for past work or is an incentive for future work, then applies a different time-based formula to each. DeJesus involved stock options and restricted shares; how it applies to RSUs, carried interest or other awards depends on each award's terms. The same records also matter for support, because bonuses and vested equity count toward income. Disclosure in these cases means grant agreements, vesting schedules, plan documents and compensation statements, not only tax returns.
Support above the statutory caps
The child support guidelines apply to combined parental income up to $193,000, and the maintenance guidelines to the payor's income up to $241,000. Above those levels the court decides how much additional income to consider, using the factors in the statutes. See child support above the cap and maintenance above the cap. While the case is pending, the court can award temporary maintenance under DRL § 236(B)(5-a) and temporary child support, and DRL § 237(a) creates a rebuttable presumption that counsel fees will be awarded to the less-monied spouse.
The apartment
A co-op or condo raises practical questions as soon as the case starts. Who lives there while the case is pending? Who pays the mortgage, maintenance or common charges? Should it be sold before trial? The court has power to direct possession of property during the action (DRL § 234), and the automatic orders bar either spouse from selling or encumbering it without consent or a court order (DRL § 236(B)(2)(b)). A co-op sale or transfer also runs through the building's own approval process, which affects timing.
Privacy and confidential business information
Matrimonial files are not open to the public: under DRL § 235, papers in a matrimonial action may be inspected only by the parties, their attorneys and others the court permits. Business records produced in disclosure can be further protected by a confidentiality stipulation or a protective order regulating how they are used (CPLR 3103).
Custody and relocation
Custody and parenting time are decided on the child's best interests (DRL § 240(1)(a)). The court may appoint an attorney for the child and order a forensic evaluation. If a parent wants to move, including for a job outside New York, the request is decided under Tropea v. Tropea, 87 N.Y.2d 727 (1996); see relocating with children and child custody and parenting time.
Fees for contested matters
Contested cases are not billed at a fixed fee. New York requires a written retainer agreement in domestic relations matters and a Statement of Client's Rights and Responsibilities, which we review with you before the representation begins (22 NYCRR Part 1400). Where one spouse earns or holds much more than the other, the court can order that spouse to contribute to the other's counsel and expert fees (DRL § 237(a)).