Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of New York, but does contain basic and other procedures.
Grounds for divorce
A divorce may be granted in the State of New York upon the
following grounds:
1. Cruel and inhuman treatment;
2. Abandonment;
3. Imprisonment for 3 years or longer;
4. Adultery;
5. Living separate and apart for one year or
longer under either a decree of separation or a separation agreement between
the parties. Vol. 8, Art. 10, Sec. 170
Residency requirements
New York has a one year residency requirement under the following
circumstances:
1. The parties were married in the State of New
York and either party is and has been a resident of New York for one continuous
year immediately prior to filing for divorce;
2. The parties resided in the State of New York
as man and wife and either party is and has been a resident of New York
for one continuous year immediately prior to filing for divorce;
3. The cause of the divorce occurred in the State
of New York and either party is and has been a resident of the State of
New York for one continuous year immediately prior to filing for divorce;
4. The cause of the divorce occurred in the State
of New York and both parties are residents thereof.
In all other instances, either party must have resided in the State
of New York for two contiuous years immediately prior to the commencement
of the action. Vol. 8, Art. 13, Sec. 230
Name of court and title of action/parties
An action for divorce filed in the State of New York is filed in
the Supreme Court. The title of the action initiating the
divorce action is a Complaint for Divorce, while the title of the
action granting the divorce is referred to as the Judgement of Divorce.
The party who files the action for divorce is the Plaintiff, while
the other party to the action is referred to as the Defendant.
Legal separation
A judgement of legal separation may be obtained in the State of
New York on the following grounds:
1. Cruel and inhuman treatment;
2. Abandonment;
3. Neglect or refusal to provide support;
4. Adultery, or;
5. Imprisonment for three years or longer. Vol.
8, Art. 11, Sec. 200
Simplified divorce procedure
New York permits a summary divorce to be granted if the parties
have lived separate and apart for a period of one year pursuant to a written
agreement of separation. The plaintiff must submit proof of substantial
compliance with the terms and conditions of the separation agreement. Vol.
8, Art. 10, Sec. 170
Alimony
Either party to a divorce action may be ordered to pay alimony
to the other spouse, without regard to marital fault, after consideration
of the following factors:
1. The income and property of the parties;
2. The duration of the marriage;
3. The present and future earning capacity of
both parties;
4. The ability of the party seeking alimony to
become self-sufficient and the length of time and training necessary to
become so;
5. Reduced or lost lifetime earning capacity
as a result of having foregone or delayed education, training, employment
or career opportunities during the marriage;
6. Children of the marriage in the respective
homes of the parties;
7. Tax consequences;
8. Any other factor the court deems relevant.
Vol.
8, Art. 13, Sec. 236
Distribution of property
Marital property shall be distributed equitably between the parties
after due consideration of the following factors:
1. The income and property of each party;
2. The duration of the marriage and the age and
health of the parties;
3. The need of the custodial parent to occupy
the marital home;
4. The loss of inheritance and pension rights
upon divorce;
5. Any award of alimony;
6. Any contributions to the acquisition of marital
property;
7. The liquid or non-liquid character of marital
assets;
8. The probable future financial circumstances
of the parties;
9. Tax consequences;
10. Any other factor the court deems relevant. Vol.
8, Art. 13, Sec. 236
Child Custody
The issue of custody of any minor children of the marriage will
be decided by the court according to the best interests of the child.
There exists no presumption in favor of either parent regarding custody
of the children. Vol. 8, Art. 13, Sec. 240
Child support
New York has established child support guidelines which are presumed
to be the correct amount of support due, absent a showing that application
of the guidelines would be unjust or innappropriate. Some of the
factors the court will consider in determining the correct amount of support
to be awarded include:
1. The financial resources of the custodial and
non-custodial parent, and those of the child;
2. The physical and emotional health of the child
and the child's special needs and aptitudes;
3. The standard of living the child would have
enjoyed had the marriage not been dissolved;
4. Tax consequences;
5. The non-monetary contributions of the parents;
6. The educational needs of either parent;
7. A comparison of gross incomes of the parents;
8. Any other relevant factor. Vol. 8,
Art. 13, Sec. 236
Name change
Upon request, the court will restore a party to the use of her
former or maiden name. Vol. 8, Art. 13, Sec. 240
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
Uncontested Divorce Package for Dissolution of Marriage with Adult Children With or without Property and Debts
Uncontested Divorce Package for Dissolution of Marriage with No Children With or without Property and Debts Property and / or Debts
