New York Divorce Laws

Grounds for Divorce in New York

No-Fault Grounds

New York recognizes no-fault divorce based on:

• Irretrievable breakdown (6 months)

Fault-Based Grounds

New York also allows divorce based on fault, including:

• Cruel and inhuman treatment
• Abandonment (1 year)
• Imprisonment (3+ years)
• Adultery
• Judgment of separation (1 year)
• Separation agreement (1 year)

Residency Requirements

To file for divorce in New York, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

New York follows the Equitable Distribution method for dividing marital property.

Under equitable distribution, the court divides marital property fairly, but not necessarily equally. The court considers various factors including:

• Length of the marriage
• Each spouse's income and earning potential
• Each spouse's contribution to marital property
• Age and health of each spouse
• Custody arrangements for children

Child Custody

New York courts determine custody based on the Best interests of the child standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in New York, courts typically consider:

• Income and property
• Length of marriage
• Age and health
• Present and future earning capacity
• Need for education/training
• Loss of health insurance
• Contributions as homemaker

Important Notes

Filing for Divorce in New York

1. Meet Residency Requirements

   Ensure you meet New York's residency requirement of 1-2 years (depending on circumstances).

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $335-$400.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   New York has a waiting period of None (after grounds established).

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the New York court website: