New York divorce law outlines specific procedures and legal standards for couples seeking to end their marriage. Whether you’re facing a contested divorce or an uncontested separation, understanding the legal process can help you make informed decisions. From residency requirements to property division and child custody, New York has clearly defined guidelines for navigating a divorce case.
How to File for Divorce in New York
Before filing, one spouse must meet the residency requirement. You can file for divorce in New York if:
- You were married in New York and at least one spouse has lived in New York for at least one year
- You have lived in New York continuously for at least two years before starting the divorce
- The grounds for divorce happened in New York and you or your spouse have lived in the state for at least one year
All divorce filings in New York go through the Supreme Court of the county where you or your spouse reside. The family court handles matters like child support and domestic violence, but the divorce itself must be processed through the Supreme Court.
Grounds for Divorce in New York
Since 2010, New York allows no-fault divorce under the concept of an irretrievable breakdown of the marriage. This means the relationship has been broken beyond repair for at least six months.
Other legal grounds include:
- Cruel and inhuman treatment, which may involve physical or mental abuse
- Abandonment for at least one year
- Adultery
- Living apart under a separation agreement for at least one year
- Confinement in prison for three or more years
Contested vs. Uncontested Divorce
An uncontested divorce happens when both spouses agree on major issues such as the division of property, custody and visitation, and spousal support. This type of divorce is usually faster and less costly.
A contested divorce occurs when spouses cannot agree on one or more issues. In these cases, the court will make decisions based on the law, the facts of the case, and the length of the marriage.
Property Division and Equitable Distribution
New York follows the principle of equitable distribution of marital property, which means assets are divided fairly, but not necessarily equally. The court considers factors such as:
- The length of the marriage
- Each spouse’s income and financial needs
- Contributions to the marriage, including homemaking
- The health and age of both parties
- The need to care for children as a custodial parent
Separate property, such as assets acquired before the marriage or through inheritance, is usually not divided.
Child Custody and Visitation
When children are involved, the court prioritizes the interests of the child. Custody decisions are based on:
- The emotional and physical needs of the child
- Each parent’s ability to provide care
- Stability in the child’s life
- Any history of domestic violence or neglect
One parent may become the custodial parent, while the other may receive visitation rights. In some cases, joint custody arrangements are approved if they serve the child’s best interests.
Spousal Support (Alimony)
In New York, spousal support, or maintenance, is determined by factors like:
- The amount of time the couple was married
- Each spouse’s income and earning potential
- The standard of living established during the marriage
- The age and health of both spouses
Temporary support may be awarded during the divorce process, followed by post-divorce maintenance depending on the court’s findings.
The Final Judgment of Divorce
Once all matters are resolved, either by agreement or court decision, the Supreme Court will issue a Judgment of Divorce. This document legally ends the marriage and outlines the terms regarding property, custody, and support.