New York State Divorce Law

New York requires those filing a Complaint for Divorce in the state Supreme Court to have been married in the state and resided there for at least 1 year, to have resided in the state as husband and life for at least one year, or that either party should have been a resident of the state for at least 2 years.

New York Grounds for Divorce

The only grounds for divorce in New York are fault-based, although there are means to streamline the process for those who convert a separation agreement to a divorce.

Uncontested Divorce in New York

Since the grounds for divorce in New York include converting a separation judgment or agreement to a divorce, when both parties agree to this process, it becomes an uncontested divorce. In addition, if one party files a petition for divorce and the other party fails to respond, it is also considered an uncontested divorce.

Contested Divorce in New York

When a couple cannot come to an agreement over the relevant elements of their divorce, they will face the difficult process of a contested divorce. They generally required the expertise of an experienced divorce attorney to help them file the papers and continue to negotiate for an out-of-court settlement. However, if that fails, a contested divorce must be settled by a judge in court.

Annulment in New York

The legal process of declaring a marriage null and void is an annulment. The grounds for an annulment are these illegal means of obtaining or maintaining a marriage:

• Physical disability that adversely affects the sexual life of the marriage
• Underage marriage by someone younger than 18 years of age
• Insanity, which is incurable, and lasting 5 years or more
• Duress
• Fraud

No Fault Divorce in New York

There are no grounds for a no-fault divorce in the state of New York.

New York Fault Divorce

The only grounds for which New York courts will grant a divorce include the following:

• Cruelty
• Abandonment for a continuous period of 1 year or more
• Imprisonment for 3 years or more after the marriage
• Adultery
• Conversion of a separation agreement
• Conversion of a separation agreement after living separate and apart for 1 year or more

New York Divorce and Child Custody

Child Custody Laws

New York courts consider the best interests of the child when ordering child support. Generally, those orders are based on the circumstances of the parties involved, and take into consideration any prior agreements, as well as what future circumstances would be just and appropriate for all concerned.

Child Alimony

There are state Child Support Guidelines that will generally determine court orders for child support, regardless of any marital misconduct, barring any extraordinary circumstances, such as:

• The financial resources of the child and the parents
• The standard of living the child would have experienced apart from the divorce
• The physical and emotional health of the child, and any special needs or aptitudes they may have
• The parents’ financial assets, needs, and obligations
• The tax consequences
• The personal investment the parents will make to the care and well-being of the child
• The parents’ educational needs
• The parents’ income, relative to one another
• The needs of the non-custodial parent’s other children
• Any extra expenses required for the non-custodial parent’s visitation
• Parents in New York use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

New York Divorce Spousal Support

New York regulations require the courts to consider the following elements when determining if, how much, and how often, spousal support should be ordered:

• The parents’ income, assets, and property awards
• The length of the marriage and the age and health of the parties
• The parties’ earning potential
• How long it would take for the dependent party to become self-supporting
• The parties’ reduced or lost lifetime earning capacity
• Any other children in the parties’ homes
• The tax implications
• The contributions of one party to the family and to the career of the other spouse
• Any dissipation of assets
• Any transference of assets made apart from the property settlement without appropriate consideration

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in New York

Spouses in the military are protected by New York law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A New York Divorce Lawyer?

New York, like all states, has some unique and complex divorce regulations that may require the experience and training of a divorce lawyer to unravel. In addition, if there are elements being contested, the claims and counterclaims cannot easily be resolved without a skilled attorney to help negotiate or represent them in court.