Divorce in New York (NY)

If you are considering a divorce in New York, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and New York's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in New York

No-fault: irretrievable breakdown for at least 6 months. Fault: cruel treatment, abandonment (1 year), imprisonment (3+ years), adultery.

Because New York is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Equitable Distribution

Equitable distribution — courts divide marital property based on 14 statutory factors. Separate property excluded.

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Maintenance (durational or non-durational). Post-2015 guidelines set a formula based on income. Courts may deviate based on marriage length, health, and standard of living.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Best interests of the child; courts assess stability, each parent's fitness, and existing parent-child bonds. No presumption favoring either parent.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows New York's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in New York

1. File Summons with Notice or Summons & Complaint: File in Supreme Court (only court that can grant divorce in NY) in the county of residence.
2. Serve Defendant: Personal service within 120 days of filing. File Affidavit of Service.
3. Defendant's Response: 20 days to respond if served in NY, 30 days if served out of state. Failure to answer allows default judgment.
4. Preliminary Conference: For contested cases, court schedules a conference to set a discovery schedule and identify disputed issues.
5. Statement of Net Worth: Both parties must complete and exchange sworn Statement of Net Worth — mandatory financial disclosure.
6. Judgment of Divorce: For uncontested cases, submit paperwork package (RJI, Note of Issue, proposed judgment). For contested, proceed to trial.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in New York for advice specific to your situation.