Divorce is never just about ending a marriage. It’s about untangling two lives legally, financially, and emotionally. In New York City, two of the most complex aspects of divorce are property division and child custody. These issues require a clear legal strategy, a deep understanding of state laws, and a strong advocate in your corner.

At Roven Law Group, we’ve helped countless individuals navigate high-conflict divorce cases with confidence. Whether your situation involves shared real estate, retirement accounts, or a custody dispute, knowing how divorce attorneys approach these issues can give you clarity and peace of mind.

Property Division in New York: Understanding Equitable Distribution

New York is an equitable distribution state. This means marital property is divided equitably, but not necesarily equally, between both spouses. The court looks at a variety of factors to determine what is “equitable.”

What Counts as Marital Property?

Marital property includes almost anything acquired during the marriage, regardless of whose name is on the title. This can include:

• Real estate, including your family home or investment properties
  
  
• Bank accounts and investment portfolios
  
  
• Retirement savings such as 401(k)s, IRAs, or pensions
  
  
• Vehicles, furniture, and valuable personal property
  
  
• Business interests or professional practices
  
  
• Debts and liabilities accrued during the marriage
  
  

Separate property, which may not subject to division, includes assets acquired before the marriage, gifts or inheritances given solely to one spouse, and certain legal settlements.

How Attorneys Handle Property Division

A divorce attorney will begin by helping you take an inventory of all assets and debts. They will:

• Gather and review financial documents, deeds, and statements
  
  
• Work with forensic accountants or appraisers if needed
  
  
• Identify what is marital versus separate property
  
  
• Build a case for how property should be divided based on your financial contributions, needs, and goals
  
  

In many cases, property division can be negotiated outside of court. But when a settlement isn’t possible, your attorney will advocate for your interests before a judge.

Key Factors Courts Consider in Property Division

When determining how to fairly divide marital property, New York courts weigh several factors:

• Length of the marriage
  
  
• Income and earning capacity of each spouse
  
  
• Contributions to the marriage (including non-financial, like homemaking or supporting a spouse’s education)
  
  
• Age and health of each spouse
  
  
• Custody arrangements and which parent will remain in the marital home
  
  
• Any wasteful dissipation or hiding of assets
  
  

Having an experienced divorce lawyer in NYC is critical, especially if the division of property is tied to child custody or involves complex assets like businesses or real estate.

Child Custody in New York: The Best Interests of the Child

While property division focuses on the equitable distribution of marital property between spouses, custody decisions center entirely on the best interest of the child. This is the guiding principle for every judge, and it’s the lens through which every custody issue is evaluated.

There are two types of custody:

• Legal custody: The right to make important decisions about the child’s education, healthcare, and religious upbringing.
  
  
• Physical custody: Where the child lives and how much time they spend with each parent.
  
  

Custody can be shared (joint custody) or awarded to one parent (sole custody), depending on what arrangement is in the best interest of the child.

How Divorce Attorneys Handle Custody Cases

Custody disputes are often the most emotionally charged part of a divorce. An experienced attorney will:

• Help you understand your rights and obligations as a parent
  
  
• Build a compelling case that demonstrates your involvement and capability
  
  
• Develop a parenting plan that outlines custody schedules, holidays, and decision-making authority
  
  
• Facilitate negotiations or mediation to reach a mutually agreeable solution
  
  
• Represent you in court if an agreement cannot be reached
  
  

Your lawyer may also recommend child specialists, family therapists, or parenting coordinators when needed.

What Courts Consider in Custody Decisions

When awarding custody, the court will evaluate:

• Each parent’s relationship with the child
  
  
• Stability and safety of each home environment
  
  
• Parental mental and physical health
  
  
• The child’s preferences (especially for older children)
  
  
• Willingness to encourage a relationship with the other parent
  
  
• Any history of domestic violence, neglect, or substance abuse
  
  

It’s not about who is the “better” parent—it’s about which arrangement will support the child’s health, education, and emotional growth.

How Property Division and Custody Interact

Though they are separate legal issues, property division and custody often overlap. For example:

• The parent awarded primary physical custody may stay in the marital home to minimize disruption for the child.
  
  
• Child support payments are often influenced by each parent’s income.

Because these issues are so interconnected, it’s essential to work with a lawyer who understands how to navigate both simultaneously.

When to Seek Legal Help

If you’re considering divorce or your spouse has already filed, time is of the essence. Even if you believe things will remain amicable, your financial and parental rights need to be protected from day one.

Divorce law in New York is complex, and mistakes can be costly. Whether you need help understanding your legal options, gathering documentation, or responding to legal threats, a knowledgeable divorce attorney can make the process significantly less stressful and more effective.

Why Choose Roven Law Group

At Roven Law Group, we don’t just process paperwork. We guide you through life’s most difficult transitions with legal strategy, deep experience, and personal attention. Our team handles both property division and child custody matters with the care and determination your family deserves.

We proudly serve individuals across New York City who are looking for experienced legal counsel in divorce and family law matters. From protecting your assets to securing a parenting plan that reflects your child’s needs, we’re here every step of the way.

Frequently Asked Questions

What is considered marital property in New York?

Marital property includes assets and debts acquired during the marriage, such as homes, bank accounts, retirement savings, and shared credit card debt. Property owned before marriage or inheritance may be considered separate.

Can I get full custody of my child?

Yes, if it’s in the best interest of the child. The court may award sole legal and physical custody if the other parent is deemed unfit or unwilling to co-parent effectively.

Do I need a lawyer if my spouse and I agree on everything?

Even in amicable cases, a lawyer can ensure your agreement is fair, legally enforceable, and covers all required issues like property, custody, and support.

How is the family home divided in a divorce?

The court may order the home sold, award it to one spouse, or allow one parent to live there temporarily if they have custody. Equity in the home may be divided even if one party stays in the home.

Can custody or property division orders be changed later?

Yes, but only if there’s a substantial change in circumstances. A lawyer can help you petition the court for a modification.