New York Divorce FAQS

To get a certified copy of your divorce decree in New York, contact the County Clerk’s Office where your divorce was finalized. You will need proper identification and may be required to pay a small fee. If you are not sure which county handled your case, start by checking the county where you lived during the divorce.

In New York, divorce records are generally sealed. This means they are not available to the public. Only the parties involved in the divorce, their attorneys, or someone with a court order can access the full records. Basic information, such as whether a divorce occurred, may sometimes be verified, but the details remain confidential.

A divorce decree is the detailed court document that outlines the final terms of the divorce, including property division, spousal support, and child custody. A divorce certificate is a simpler document that lists only the basic facts, such as the names of the parties and the date of the divorce. The decree is required for enforcing divorce terms; the certificate is often used for personal records.

No, unless you are directly involved in the case or you have a court order. New York seals divorce records, so third parties cannot request or review them without special legal permission.

Divorce records are kept permanently by the New York State Supreme Court and the County Clerk’s Office. There is no expiration date for record storage, so you can request a copy of your decree even years or decades after the divorce.

New York recognizes both no-fault and fault-based divorce. The most common ground is an irretrievable breakdown of the marriage for at least six months (no-fault). Fault-based grounds include adultery, abandonment, imprisonment, and cruel and inhuman treatment. Legal separation for at least one year may also serve as grounds for divorce.

Yes. Since 2010, New York allows no-fault divorce, meaning neither spouse has to prove wrongdoing. You only need to state that the marriage has been irretrievably broken for at least six months.

New York follows equitable distribution. This means the court divides marital property fairly, but not always equally. Separate property, such as pre-marriage assets or inheritances, is usually not divided unless it was commingled.

Adultery is a fault-based ground for divorce, but it usually doesn’t affect property division or support unless it had a financial impact. However, in rare cases, infidelity could influence decisions about spousal maintenance or custody, especially if it harmed the family financially or emotionally.

Spousal support, also called maintenance, is awarded based on factors like income, length of marriage, and financial need. New York uses guidelines for temporary maintenance but allows judicial discretion for final awards.

As of the latest data, New York’s divorce rate is around 2.2 divorces per 1,000 residents. This is considered one of the lowest rates in the United States.

New York has a lower divorce rate compared to the national average. The U.S. average is about 3.4 divorces per 1,000 people, while New York remains below that.

Divorce rates in New York have been declining overall in the past decade, although there have been some small fluctuations in recent years. Factors include later marriages, better financial planning, and more couples using no-fault divorce options.

The first step is to meet the residency requirement and decide on the grounds for divorce. Then you need to file a Summons with Notice or a Summons and Complaint in the Supreme Court of your county.

No, but hiring a lawyer is strongly recommended, especially if your case involves child custody, property division, or spousal support. For uncontested divorces, you may use online forms or court assistance.

After serving the divorce papers, your spouse has 20 to 30 days to respond. If they agree to the terms, the divorce may proceed uncontested. If they disagree, it becomes a contested divorce, requiring court involvement.

Yes, if you and your spouse agree on all major issues, you can complete an uncontested divorce without appearing in court. However, a judge must still review and sign the final order.

An uncontested divorce can take as little as 3 to 6 months. A contested divorce may take 12 to 24 months or more, depending on the complexity of the case.

Yes. You can request to restore your maiden name or change your legal name as part of the divorce judgment. There is no additional cost if you include this request in your divorce papers.

Child support is calculated using the Child Support Standards Act (CSSA). The basic formula uses a percentage of the parents’ combined income: 17% for one child 25% for two children 29% for three children 31% for four children No less than 35% for five or more children The court may adjust this based on the parents' financial circumstances.

Child support typically ends when a child turns 21 years old, unless the child is emancipated earlier through marriage, military service, or full-time employment.

Yes. Child support orders can be modified if there is a significant change in circumstances, such as job loss, income changes, or the needs of the child increasing.

Failure to pay child support can lead to serious consequences, including wage garnishment, license suspension, tax refund interception, and even jail time for non-compliance.

Yes, but shared custody does not automatically allow to avoid child support. Courts still consider income disparities and the child's needs. Even in 50/50 custody arrangements, support may be required if one parent earns significantly more.

For divorces finalized before 2019, alimony (spousal support) is tax-deductible for the payer and taxable for the recipient. For divorces after 2019, alimony is no longer tax-deductible or taxable due to changes in federal tax law.

Generally, the custodial parent claims the child for tax purposes. However, parents may agree to alternate years or assign the claim through a written agreement filed with the IRS.

Once your divorce is finalized, you must file as Single or Head of Household (if you qualify). If your divorce is not finalized by December 31, you may still file as Married Filing Jointly or Married Filing Separately for that tax year.

In most cases, property transfers between spouses during divorce are not taxable. However, if property is sold later, capital gains taxes may apply.

You may owe capital gains tax if you sell your home after divorce, depending on how much profit you make and whether you meet IRS exclusions (up to $250,000 for individuals, $500,000 for couples, if specific residency rules are met).

No. Divorce-related legal fees are generally not tax deductible. However, legal fees specifically related to tax advice or securing taxable income may be partially deductible. Consult a tax professional for guidance.