Divorce

Divorce & Family Law

Clear guidance. Compassionate advocacy. 35+ years of experience in New York divorce and custody law.

Going through a divorce can feel overwhelming — emotionally, financially, and legally. At LoBiondo Law, we help you make informed decisions, protect your rights, and prioritize your family’s future. Whether your case is simple or complex, amicable or contentious, you don’t have to face it alone.

What Is a Divorce?

In New York, a divorce is the legal process that ends a marriage. It can address:

  • Custody and parenting time

  • Division of property and debts

  • Child support and maintenance (alimony)

  • Enforcement of agreements or court orders

Since 2010, New York is a no-fault divorce state — meaning you don’t need to prove wrongdoing. You can file on the grounds of “irretrievable breakdown of the marriage” after six months.

What Happens Next?

Here’s a simplified view of the steps involved:


If You Haven’t Filed Yet:
  • Step 1: Schedule a consultation with Juliana ($250 for 30 minutes via Zoom)

  • Step 2: Decide whether you’ll proceed through litigation, negotiation, or mediation

  • Step 3: Begin gathering financial information and preparing necessary documents

If You and Your Spouse Agree on Some Issues and are Amicable:
  • You may be excellent candidates for divorce mediation, even if not everything is settled.

  • In mediation, Juliana helps both parties reach clear, fair agreements — especially on:

    1. Custody & parenting time

    2. Division of property and debts

    3. Child support and maintenance

  • Once agreements are reached, we can draft a formal Separation Agreement that can be submitted to the court and converted into a Judgment of Divorce.

This approach is often faster, less expensive, and more peaceful than litigation.


If You’re Still Negotiating:
  • We guide you through all the major issues, step by step

  • Options like 4-way conferences and settlement discussions can minimize legal fees

  • If court becomes necessary, we’ll advocate strongly for your rights

What Gets Divided?

New York follows the rule of equitable distribution, which doesn’t always mean 50/50 — it means fair.

What is marital property?

Property or debts acquired by either spouse during the marriage, including:

  • Homes, vehicles, and real estate

  • Bank accounts, investments, retirement accounts

  • Credit card debt or loans

  • Business interests

What is separate property?

Property that stays yours alone, like:

  • Anything you owned before marriage

  • Gifts or inheritances received in your name only

  • Compensation for personal injury

  • Compensation for personal injury

Custody & Parenting Time

Every custody situation is unique — and emotional. We help parents create clear, workable parenting plans that focus on your children’s needs.

  • You can reach an agreement through mediation, negotiation, or litigation

  • We handle both legal custody (decision-making) and physical custody (where the child lives)

  • Parenting plans can include visitation schedules, holidays, and communication guidelines

Child Support & Maintenance (Alimony)

New York uses a formula to determine basic child support — based on both parents’ incomes. There is a Child Suppory Cap.

Child support add ons include:

  • A share of child care costs and unreimbursed medical expenses

  • Health insurance coverage

  • Contributions toward education expenses

Spousal maintenance (formerly “alimony”) may also be awarded depending on income differences, standard of living during the marriage, and other factors. This can include temporary maintenance during the divorce and post-divorce maintenance after judgment.

These issues can get complex — especially with business ownership, variable income, or high net worth. We’ll walk you through it all.

Why Choose LoBiondo Law?

  • Over 35 years of divorce and family law experience in New York

  • A personalized, boutique approach — we don’t treat you like a case number

  • Flexible mediation options if you want to stay out of court

  • Honest guidance, clear communication, and fair fees