NYC Divorce Lawyers

Over 50 Years of Divorce Experience On Your Team

The Spodek Law Group is a premier, and top rated, New York divorce law firm. Our attorneys recognize, and empathize with the situation you’re going through. Divorce is one of the most stressful situations – hiring the wrong divorce lawyer can make it even more stressful. You need a divorce lawyer who is reputable, knowledgable, attentive to detail, and is ready to fight for you. Having the wrong divorce attorney can cost you immensely – both financially, and in terms of your personal life.

When you hire an attorney at the Spodek Law Group, you’re working with an ally who treats you like family, and is here to help you through all aspects of your case. What’s important to us isn’t billable hours – it’s the outcome of your case. Our goal is to achieve success, while avoiding needless confrontations. Strategy is critical. Our objective is finding a pathway to getting our clients everything they need in order to move on with their life. This pragmatic approach is why we win, and get our clients amazing results.

Nationally Recognized
NYC Divorce Lawyers



Trustworthy Divorce Lawyers NYC

When hiring an NYC divorce lawyer, it’s critical you look at experience and results. As one of New York’s oldest divorce and matrimony law firms, we’ve got the experience to handle virtually any situation. We can handle a wide array of complex divorce/family law issues, such as child custody issues, child alimony, and more. More importantly, we understand when to be aggressive, and when to be diplomatic. Regardless of how difficult your case is, realize that working with an attorney at the Spodek Law Group is one of the decisions you can make. You deserve a future that is bright, and having a proper outcome in your divorce can ensure that.  Our New York family law attorneys have experience helping clients all over New York state. Regardless of whether you’re in NYC, or long island, we can help. We have experience handling simple, uncontested divorces, to complex child custody disputes, child alimony/child support, and more. If your spouse goes to the liquor store drinking red wine and you’re a victim of domestic violence, we can help. Not only is our team of divorce attorneys respected by judges, but also by other NYC divorce lawyers who take our team seriously, and respect our expertise and seriousness. It means they know not to even attempt, to take advantage of our clients.

Divorce isn’t easy, but it can be infinitely harder with the wrong divorce attorney. That’s why we’ve only hired some of the top rated NYC divorce lawyers in New York state. Our team, spread out across several locations, works tirelessly to help New York state residents get the possible results. We advise our clients on all possible scenarios, and provide a pragmatic approach to navigating them. We are aggressive, and when necessary – uncompromising, in order to get our clients the possible outcome. We never stop doing what is necessary to get you the possible result – regardless of how aggressive the opposing party is. As your divorce attorney, we keep you aware of what’s going on – ALWAYS.

If you’re going through a divorce, you need a team of divorce lawyers who understand how stressful this process is – and will work on making it less so – when possible. Our NYC matrimonial lawyers understand the emotional and financial burden associated with a divorce case. With over 50 years of combined experience, we’ve seen virtually every type of divorce case. We understand the law, and how huge it’s influence could be on you. Our NYC divorce lawyers look at the full picture when advising you, and make recommendations that are comprehensive. Our goal isn’t just to win, it’s to come up with a solution that works for you and your family.

 

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TOP NYC DIVORCE LAWYERS

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The Spodek Law Group is one of New York's oldest law firms. With over 50 years of combined experience, we understand how difficult divorce cases can be. Based out of NYC, and long island, we have numerous convenient locations.

We Take On Fewer Cases Purposefully

Most divorce law firms treat clients like a conveyer belt. They don’t care about service necessarily. They have quotas, and that’s about it. We’re different.

We’re selective about how many new clients we take on each month, which means if we do decide to help you – you can count on optimal service and results. We prefer working with less clients, because it allows us to dedicate more resources to helping them get better results. Unlike other attorneys, we don’t assign non-attorneys to handle the bulk of the work on your case. Our dedicated divorce lawyers do the majority of the work on your case. When you hire us, you have an attorney who focuses exclusively in divorce law. Divorce is a turning point in your life – shouldn’t you have a law firm whose focused on you? We treat your case – as if it were our own family member’s. That’s the Spodek Law Group difference.

Divorce Lawyer – Risk Free Consultation

Divorce is a decision you think about many times. The great thing is, we offer a risk free consultation, in person, or over the phone. During the risk free consultation you can ask us anything you’d like about your case. We explain your legal rights, and what options you have. By taking advantage of this risk free consultation you get to learn more about us, and we get to learn more about you. We have convenient locations all over New York – including NYC, Nassau, and Suffolk County. We can meet you at whichever location is more convenient to you. Moreover, our team of divorce lawyers has experience handling tough cases. With over 50 years of combined experience, we’ve seen some of the most shocking divorce situations. The one thing that’s never changed is the dedication, discipline, and attentiveness to detail we bring to each and every case.

Notch Divorce Lawyers

Our team of divorce attorneys has been recognized by top rated lawyer ranking services, like Avvo, National Trial Lawyers Organization, Super Lawyers, and many others. When you hire us, you’re working with a top notch NYC divorce law firm. Most importantly, when you hire us, you can trust in our unbiased approach. We’re your ally – and we work hard for you. It’s not uncommon for spouses to get nasty during divorce. We understand this, and we’re here to make sure they don’t try and take advantage of you. We use the law, and our experience handling matrimony cases, to prevent mistakes and compromises that could hurt you.

We Handle Uncontested Divorce Cases

We understand some divorces may be amicable, but that doesn’t mean you shouldn’t be on your guard. Many divorce lawyers apply a cookie cutter approach to uncontested divorces, and overlook the small details – which can harm your future. Generally in an uncontested divorce, both parties are in agreement, and there’s a degree of civility to the proceedings. In simple terms, it means the spouses reached an agreement without a court/judge having to resolve the issues at hand. These divorces usually proceed faster through the courts, and are less expensive. It lets spouses move on with their lives. Unfortunately, even uncontested divorces can be difficult. No divorce is final until things like assets, debt, spousal support, alimony, etc are discussed and handled. In the event you and your spouse don’t agree, you’ll need an attorney to intervene and apply the law where necessary. In some cases it might be necessary to go to court. Our family law attorneys are competent, and proficient, in handling all types of divorce cases. We have many trial lawyers who work for us, and are aggressive in protecting your rights. No case is too hard. If the opposing party isn’t willing to be fair, we’re unafraid of taking a tough stance, and threatening litigation if necessary.

In some cases, if there is a prenup signed, it can make an uncontested divorce can go even smoother. Prenuptial agreements are tools that help immensely. The agreement is a contract which can help negotiate between you and your spouse in order to prevent litigation, and financial exposure. When you hire our matrimonial lawyers, we can help you navigate the prenup agreement —- or if necessary, challenge it. When you have a prenup agreement in place, the agreement forecasts what will happen financially, and personally, in the event there is a divorce or legal separation. Often, having one of these can save you 10’s of thousands of dollars. Our attorneys have significant experience drafting these agreements, and protecting our clients through them. We pride ourselves on having the know-how on drafting “ironclad,” prenup agreements. We always follow the latest trends in the law. We update our methodologies in order to ensure that prenups/postnups are enforceable and will be upheld by the courts. Prenups, and marital agreements, aren’t a one size fits all type of process. They have to be customized to the needs of each party. We help you understand how the prenup can help you – and where it falls short.

How can ny divorce lawyers can help with asset division

New Yorker’s who have significant assets need legal representation, more than anyone else – when it comes to divorce. Due to the large number of assets, your financial future can be at risk. Your financial future depends on getting a fair allocation of your joint marital property. Asset division is something which can also impact future alimony payments. If you want to maintain your existing lifestyle, and your existing standard of living – then you need a lawyer who is ready to fight on your behalf. Spodek Law is that firm. We have the resources, and passion, to fight for you and win. We are NYC’s largest law firm. Clients trust us to take care of their financial future. If you are worried about losing a significant portion of your property – then you should contact us. We can help ensure you get a fair share of your wealth. We can also help ensure you won’t get stuck with significant debt that your spouse may have generated.

New York is an equitable distribution state. It means the courts divide all assets and obligations in a fair manner – but not necessarily equal manner. That means that the court will try to be fair. All assets aren’t 50/50 split. That means the court will look at all of your assets, like: assets from inheritance, businesses, car, cash assets, debt, house + real estate, 401(k), pensions, retirement savings, stocks, and bonds.

There are four steps in the process of dividing your assets.

Identification – In this stage, all spouses are required to disclose all available assets and debts. This is where some spouses try to hide assets. During this phase, we’ll uncover all of the hidden assets your spouse may have. We have experience finding assets, that a spouse may not disclose – and which most attorneys would not discover. We can identify exactly how, and where, a spouse is hiding your assets. We look out for unreported income, that our client has a right to know about.

Categorization – Once all of the assets, and debts, are revealed – the court will decide whether the property is separate or marital. There is a rule followed – which is that anything owned prior to the marriage is separate. Any wealth, or debt, which was accumulated during the marriage goes into a marital estate – which will be divided eventually. There are certain exceptions. Gifts, and inheritances, which are received during the marriage are considered separate property by the court. These gifts are considered separate – as long as they were intended for only one of the spouses, and the funds weren’t commingled during the marriage. In addition, many couples have prenuptials and postnuptial agreements – which make it possible for certain property to be designed as separate or marital. This is a crucial stage – because this is where courts often strip rights to certain property. You need an New York attorney to protect your interests during this stage.

Valuation – Once all of the assets are discovered and placed in the marital pool – the court must assign a monetary value to them. Certain assets, like stock options, real estate, and businesses, are difficult to assign a fixed dollar value. Based on the value of your assets, alimony payments will be determined. During this stage, we enlist the help of financial experts – who can assess the value of your holdings and determine the correct valuation of them.

Allocation – During this stage, the court will decide who gets what, and how much. Equal distribution doesn’t mean even split. So, during this stage – the courts will look at numerous factors – in order to determine a fair distribution. For example, a 401(k) is easy to divide. But the real issue is dividing assets like the house, or other businesses, which is non-liquid. If one spouse gets the house, then our attorneys will try to balance it – and give the other spouse something to balance it.

At the end of the day – your financial security depends on a fair distribution of assets. We recommend having an experienced team of New York divorce lawyers, like ourselves, to help you.

Is divorce mediation helpful?

Many spouses look at divorce as a contentious issue. They immediately act like they are at war. Contrary to popular belief, divorce mediation can work. While many divorces in NY are contested; it’s possible to avoid legal fees with an uncontested divorce in New York. Mediation is a great way to avoid emotional and financial hurdles, that arise in divorce. Lawyers will tell you that it’s always a good idea – to keep a divorce drama free. If you engage in divorce mediation, you can get legally divorced – with a fraction of the cost. We highly recommend doing mediation, instead of going to war – since it’s emotionally and financially better.  Our lawyers are trained to handle voluntary, and court-mandated, mediations. Our job as your advocate, is to help you take advantage of this chance to avoid litigation, and to work out your issues in a peaceful manner. We can help you engage in divorce mediation, before the the court orders mediation to begin – and before it becomes contentious. Our family lawyers help clients make the most of their mediation. We help clients get an out-of-court settlement to help avoid future litigation. We can do this before the situation escalates.

Want to settle out of court? We can help with that

There’s a lot of advantages to settling your case out of court. We can help you save time, money, and emotional pain. If you settle out of court, sometimes it can help – sometimes it can hurt. It all depends on how hard you negotiate, and the attorney representing you. While settling out of court, can help you save money in the short term – it can hurt you in the long term. Settling out of court might mean you settle for less. At the Spodek Law Group, our New York divorce lawyers want you to get the results you deserve. You should never have buyers remorse from settling your case. We help you negotiate in a manner that protects your interests. We never compromise, and do everything possible to take your legal issues to court – and get results. Divorce can be a long process, but we don’t recommend settling your case prematurely.

There’s a number of ways to reaching a settlement in an uncontested divorce. Some couples try to negotiate a settlement before either party files for divorce. Others will finalize during the mediation process. Other spouses try to settle the case during trial. The process can vary depending on what’s going on in your case.

If your spouse is cooperating, and you’re able to retain a level of civility, it might be easier to reach a settlement out of court. Some spouses have difficulty controlling their emotions. Some will purposefully drag out the court proceedings. They do this for a number of reasons, one of them could be to try to increase the cost of the divorce in order to hurt the other spouse.

Another reason for possible disagreements is agreements about child custody. This is one of the most common reasons for divorces to drag on. If you, and your spouse, can agree on child custody, it’s probably going to be easier to settle out of court. The quicker you and your spouse can agree on issues pertaining to children, the easier it is to settle.

Another reason for disagreement is existing marital agreements. If you have a prenup, or postnup, then it may end up settling the issues you have. In some cases though, your spouse/or you, may decide to challenge the nuptial agreement. This is not common, but if you feel like the agreement was done in bad faith – it may be possible to challenge the agreement and dissolve it. In situations like this, it is important to make sure you have legal representation. If you don’t have an attorney, it’ll be very difficult to challenge the prenup/postnup. If you have a competent NY divorce attorney on your side, it’s easier to challenge the agreement.

It’s possible to settle a divorce before it goes to court, but it’s important to realize this isn’t typical. Spouses have differences, and this can create friction when trying to negotiate settlements. We recommend even if you do reach a settlement, – to run it by your divorce lawyer.

Alimony can be a sticking point in divorces, we can help

Alimony can be ordered by a judge. If a spouse is facing hardships without financial support, then spousal support may be considered by the judge. If you need spousal support, we encourage you to bring this to our attention as soon as possible. The deciding factor for spousal support in New York State is whether or not the the spouse in question will be able to maintain himself/herself after the divorce. In other words, the law makes it clear a husband, or wife, shouldn’t be forced to live at a level below what they’re used to during the marriage.

We can help with 401(k)’s in divorces as well

If you and your spouse have retirement savings, this is very important and a huge part of your financial security. Divorce can throw a huge wrench into your plans. As a result, it’s good if you speak to our attorneys have your pension plans, 401(k)’s, and other retirement benefits. We will fight tooth and nail to ensure you keep as much of your retirement savings as possible. Under the New York Domestic Relations Law, it’s law that the defendant spouse is entitled to a share of the retirement plan proceeds. In case you were married after a 401k/retirement fund was made, the dependent spouse can’t claim an interest in the funds. One of the things we can advise you on, is tax planning when it comes to your 401k. Cashing out early can expose you to tax liabilities. We can help you negotiate a settlement which allows you to gain ownership in the funds without having to pay immediate taxes.

We can help you resolve child custody issues after the divorce happens

This is a very important question. Custody is usually divided into two components, physical and legal. Physical means where the children live. Legal refers to who makes important decisions for the children. Both of these custodies can be either joint, or sole. In NY, there are laws which calculate child support payments. The amount is based on each parent’s income. If there’s a judge presiding over your divorce, then the judge has ultimate authority on child support. The judge has the option to deviate from the guidelines.

Will I have to go to court during the divorce process?

In general there’s a 1-6 month waiting period before the divorce petition is filed, and served on your spouse, before its final. The divorce takes effect immediately after the judge makes a final ruling. If a divorce is uncontested, and a marital settlement agreement is filed, then you might not need to go court at all. In this case, all legal documents will be filed with the court, and the judgement is going to be sent to you automatically. There are exceptions where the court might request a formal/informal hearing. At informal hearings, the judge might ask you questions about facts mentioned in the papers you filed. Disputes like division of assets, child custody, etc, do not require court invention, and don’t require you to go to court. Normally, these issues can be resolved through arbitration, meditation, etc. Having a competent attorney can help you negotiate the equal division of property/assets, and all the necessary documents. Having an experienced divorce attorney in NYC can help you be aware of the details of your case, and set realistic goals before you file for litigation.

What is our philosophy

Our matrimonial lawyers focus exclusively on the resolution for you, and your family. We don’t push into what we think is right exclusively. We give you our input, but ultimately – negotiate, and strategize, around YOUR goals. We create tailor made solutions, designed to focus on you. Our New York family law attorneys are by your side, and understand your unique circumstances. We firmly believe that the key to 99% of matrimonial cases in NYC – is listening to the family members. We listen to you, and focus on the resolution you need, and want.

Many matrimonial attorneys are unfair – because they know that as a result, they can create “problems,” for which they can then bill you to fix. We find this unethical. We work in a fair, and balanced manner – which ensures that the outcome you want will happen. Everything we do, revolves around being fair, yet protecting your rights – and ensuring that we are able to negotiate amicably with the other side. Regardless of whether you use one of our matrimonial lawyers in nyc or long island, rest assured – we’re focused on getting the possible resolution on every issue important to you – without drawing out the process longer than it needs to be.

Many attorneys refuse to work with the opposing attorney, and create unnecessary problems. We firmly believe litigation is stressful, and time consuming. We believe in helping our clients get the outcome they want. We try getting them this, by embracing a collaborative approach – which means treating all parties with respect, and helping forge a common approach. This philosophy of ours means that we consistently charge less than other matrimonial law firms, and it also means you get the results possible – because we’re not focused on charging you more money, we’re focused on giving you the results!

We believe in getting you the outcome you want. Sometimes, being fair and balanced doesn’t work – when the other side isn’t cooperating. If needed, we’re prepared and experienced – and can go to trial on your behalf. Sometimes, the only way to protect your rights, is by litigating in court. The key to winning in court is having experience – and knowing what works, and doesn’t work. Our NYC matrimonial lawyers can help build your case, and represent you – regardless of the time, or place.

Regardless of the difficult of your case, our team can handle it. We’ve handled some of the most complex divorce, family law, asset distribution, cases in New York. Whether it be a case involving child custody, alimony, support, or even a spouse hiding assets – we can help. Our extremely knowledgable team will handle every single aspect of your case. We leave NOTHING to chance, and thoroughly protect your rights. If you need an extremely well versed matrimonial law firm, hire Spodek Law group.

When you are potentially going to trial – you want a matrimonial lawyer in NYC who knows judges, court staff, and opposing counsels. The familiarity makes it easier to get things done, and means you’re working with a trustworthy law firm. Both of our founding partners, are former prosecutors, and bring their years of experience to every single case. We understand how to speak to judges, and opposing counsel – and how to squash their attempts to dismiss your rights. Our trained NYC lawyers know the matrimonial/family courts of New York – and are well known, and trusted, for their strong advocacy for our clients.

When you hire a matrimonial law firm, you want to know that you’re hiring the . You want someone who can get to the finish line – with plenty to spare! Our divorce and family team consists of highly trained lawyers, in addition to paralegals, assistants, and an entire support staff to ensure your case gets the attention it deserves. Unlike solo attorneys – we have an entire team ready to help your case – and give it the attention you deserve. It’s how we ensure each client gets the results possible.

All divorce and family law matters aren’t the same. There are many ways to approach a case, and handle it. Having an experienced matrimonial attorney on your side, can be the key to success. When we take on a new case, we strategize all the possible ways we can get our clients what they need.  Our  attorneys work with you, to ensure that our suggested approach fits your needs, and the needs of your family.

Todd Spodek Mention in the media

Frequently Asked Questions

Individuals who have a high net worth are often in a unique situation – which requires divorce lawyers with a lot of skills, knowledge, and deep understanding. High Net Worth individuals often have many personal and business assets, in order to financial portfolios, and other lifestyle choices and decisions which must be accounted for – when considering an amicable divorce. We give you our pledge – we get it, and we will look out for you on every single level, when handling your divorce. Our lawyers have handled numerous high net worth divorce cases. When looking for the lawyers, you need to choose attorneys who have the training, and experience, to properly handle these cases. Our team lawyers has years of experience – not only in handling, but successfully resolving and litigating high net worth situations.

Settling a case is the ultimate goal for the vast majority of lawyers. They really do not wish to prolong the process any more than what is absolutely necessary. At the same time, they do wish to get a deal for their client that is both fair to the client as well as financially rewarding to themselves. This does mean that in some cases an attorney may go to a judge and voice their objections to a settlement that has been reached.

How The Judge Will React

The judge may review the objections that the attorney has made and decide that the settlement is in fact invalid. It is not that likely that they will completely throw it out unless there are some grounds to do so though. It is important to remember that we all have the right to an attorney, but we do not have to take the advice that the attorney provides. We do not have to act on anything the attorney says. If we so choose, we can in fact go our own way.

Reasons A Judge Might Deem A Settlement Invalid

The law does allow for a judge to deem a settlement invalid completely and thus void it. The circumstances under which this might happen are laid out pretty well by compromiseandsettlement.uslegal.com. They mention how a settlement can be nixed by fraud, a mistake, duress, and other issues. These problems would all give a judge good reason to avoid the controversy and just not allow for the settlement to go through.

Reaching An Independent Settlement

It is always possible to reach a settlement independent of an attorney. However, doing so will probably leave you in worse shape than if you had just used the attorney in the first place. If you do decide that this is the route you want to take, at least realize that your attorney must be fired from the work they are doing for you. A formal letter spelling out to the attorney that you no longer wish to work with them ought to satisfy.

Once you have accomplished this, you can set out on your settlement tour all on your own. Just know that you then do not have the expert backing of the attorney that you had hired in the first place. Those are the types of decisions that have to be made by you alone.

Keep in mind that just because you fire your attorney does not mean that he or she will not decide to show up at court anyone to voice opinions on your matter. You might be doing yourself more harm in your case than good by taking a rash action to fire the attorney.

Will This Work Out In Your Favor?

The good news for you is that regardless of how much of a right your attorney puts up, there is still a pretty good chance that the settlement goes through. Most judges will listen to both sides of the story, but still grant the settlement in the end anyway. They want to serve the interests of the law and justice. While they will hear out attorneys on what they have to say, they are not going to stand in the way of two parties coming together to find their own solutions.

Attorneys might want to object largely on the grounds that they will not receive the type of full payment that they have been promised. That is certainly understandable, but is not enough for most judges to overturn anything.

Remain In Communication

The worst thing that you can do is to not communicate with your attorney. You certainly do not want them left in the dark. If you avoid the subject with them, they are more likely to object to the settlement you come up with in court. Avoid this headache by calming explaining your position to your attorney and keep them in the loop the whole time.

Can I use my maiden name while I’m separated?

The stress of a divorce brings about many different legal and personal challenges. A wife, in anticipation of the marriage being dissolved, may wish to change a married last name back to her maiden name. Questions may arise about whether this is possible or if taking such steps can be difficult. Changing a name after a divorce is quite common.

Not every spouse chooses to return to her maiden name while separated and the divorce isn’t completed. No law exists, however, that forces anyone to keep a married last name while separated. People in the United States have the ability to change their last name at any time. Be mindful that several steps are required when doing this in an official manner.

Unofficially Changing a Name

A person can simply start referring to him/herself by another last name to the public and on unofficial documents. For example, a separated spouse may tell people her last name is “Jones” while “Smith” remains the legal name on a driver’s license, bank account statements, and on tax forms. The use of the maiden name in these circumstances would be akin to a celebrity using a stage name or a writer using a pseudonym.

While taking this approach may be easy in some ways, problems can arise. If legal documents or other official items start showing a last name other than the legal one, situations can get complicated. You wouldn’t be able to deposit a check made out in your maiden name when your driver’s license shows a married name. Even legal problems could arise when the “wrong” name is being used.

Legally changing your last name probably would be a better approach for some. Absent a divorce decree, this means you would be required to follow your state’s requirements for changing a name.

Changing a Last Name in New York

In the state of New York, a name change must be performed in the courts through the “Adult Name Change Petition Program.” In New York City, the petition documents are filed with the NY Civil Court. Elsewhere, petitioners filed with the NY State Supreme Court.

The petition does require a filing fee. NYC Civil Court necessitates a $65 fee while the cost is $210 elsewhere in the state. The court requires a notarized copy of the “Name Change Petition and Proposed Order” form. It might be to request your attorney fill out the form in order to make sure the document doesn’t contain any errors or inaccuracies.

Other rules apply as well. A person on parole, for example, cannot change his or her name until the probationary period ends. Review your individual circumstances with your attorney.

Submitting a birth certificate must be done. Other documents may be necessary based on the particulars of your situation. If any concerns arise, referring the matter to your attorney could prove wise. An experienced attorney likely knows how to progress forward with issues emerge.

Safety and Privacy Issues

In certain divorce cases, there may be serious concerns about a violent spouse. Questions about privacy take on an imperative tone here. In New York, name changes are public records and can be looked up by anyone who wishes to do so. Also, name changes must be published in the newspaper. Persons fearful of their safety have the option of requesting the court seal the name change. Initially, an immediate sealing of the name change would be performed while the court considers a permanent sealing of the record. Discussing this matter with an attorney may prove to be highly beneficial.

Working with the Divorce Attorney

While some may try and change their name on their own, others find it helpful to work with their attorney. Since an attorney has already been retained to handle the divorce case, refer questions about name changes to him/her before proceeding. The attorney likely can do the work for the name change on your behalf as well.

You can always try requesting a refund for the unused part of the retainer. Whether you get it, or not, will depend on the specifics of your case. Typically, your ability to get the unused part back, depends on the terms and conditions of the retainer agreement signed with the attorney. Some attorneys charge a flat fee, or flat retainer, and will not refund any of it. They sign this agreement, because it guarantees them a certain amount of money – and in addition, it protects you. By signing this agreement, they are guaranteeing you – not to charge any more money, regardless of how many hours they spend. They are taking a huge risk, by doing this, potentially – depending on the complexity of your case. As a result, for this risk – they believe they are entitled to the full retainer.

Some attorneys, who are more flexible, may elect to refund your money. If your retainer was given, and the hours of work done are deducted from the retainer – then you probably can ask for a refund.

At the end of the day, it all depends on what the retainer is paying for. If the retainer is simply an advance, on the hours of work the attorney will provide – it’s a lot easier to ask for a refund from the divorce attorney.

If the retainer was paid, as a flat fee basis of billing – then it’s going to be much more difficult to get a refund.

At the end of the day, if you need more help, we encourage you to speak to one of our NYC divorce lawyers today.