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NY Divorce Law

There are seven (7) grounds for divorce in New York.  In order to prevail in an action for divorce, certain elements must be proved. Failure to prove the elements required for a divorce results in the action being dismissed.

On October 15, 2010, New York state introduced a "no-fault" ground for divorce. The new ground is set forth under NY Domestic Relations Law Article 10 §170 (7) and specifically states:

"(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce."

Prior to the introduction of the "no-fault" ground, New York's version of a no-fault divorce required that the spouses live apart from one another for at least a year before a divorce can be filed.  This process is also known as a "conversion divorce". 

Read more about the grounds for divorce in New York.

...more on New York Divorce Law
Residency Requirements - Filing for Divorce in NY
Serving the Summons and Service of Process in New York

Divorce Information and FAQs - New York Courts
Divorce, Families, and Children - New York Courts
NY Uncontested Divorce Program - New York Courts

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New York State Statutory Resources

View the NY State Statutes/Code here:  New York State Assembly - Consolidated Laws - Domestic Relations (DOM)

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Child Support in New York

Interactive NY Child Support Calculator - NYC Human Resources Administration
Child Support Explained
New York Child Support Services
New York Child Support Standards - New York Child Support Services

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NY Child Custody and Visitation Law

Custody decisions are based on the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 240 and New York Case Law].

Custody and Visitation Rights - LawNY.org
Custody and Visitation FAQs - New York Courts
FAQ on Child Custody and Visitation
Child Custody Resources

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Property Division in New York

New York is an "equitable distribution" state.  Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's property at the time of the marriage and at the time of filing for divorce; (3) the probable future economic circumstances of each spouse; (4) the length of the marriage; (5) the age and health of the spouses; (6) the amount and sources of income of the spouses; (7) the present and potential earning capability of each spouse; (8) the potential loss of inheritance or pension rights upon dissolution of the marriage; (9) whether the property award is instead of or in addition to maintenance; (10) custodial provisions for the children and the need for a custodial parent to occupy the marital home; (11) the type of marital property in question (whether it is liquid or non-liquid); (12) the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse; (13) the tax consequences to each party; (14) the wasteful dissipation of assets; (15) any transfer of property made in anticipation of divorce; (16) any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and (17) any other factor necessary to do equity and justice between the spouses. Marital fault may be considered. Financial disclosure of assets and income are mandatory. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 236, Part B].

Divorce and Property Rights - information from the New York City Bar Association
Property and Equitable Distribution - New York Courts


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New York Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
The Courts of New York
Divorce Abroad of U.S. Citizens
Marriage Abroad of U.S. Citizens
New York State Bar Association
Columbia Law School Law Library

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