New York Divorce Requirements
What you should know about divorce in New York.
What are the allowable grounds for divorce in New York?
In New York, you can base your divorce on either no-fault or fault grounds, or you can base your divorce on the fact that you've been separated from your spouse for at least 12 months. You might consider using fault grounds to gain an advantage in a contested child custody case or a dispute about the division of marital property or the appropriateness or amount of alimony. To learn more about how New York uses fault as a determining factor in child custody, alimony, and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow (Nolo).
What is the New York residency requirement for divorce?
At least one spouse must be a resident of New York for one year before filing for divorce.
How is property divided in a New York divorce?
New York is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal.
What about child custody and child support in New York?
Like all states, New York courts begin with a presumption that it's best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children's best interests. For more information, see Nolo's Child Custody FAQ.
Both parents are required to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Child Support area.
Does New York have resources for do-it-yourself divorce?
Yes. You can usually get fill-in-the-blank forms at your local courthouse or the local law library. And you can go to this online resource for New York, where you'll find extensive information about do-it-yourself divorce, along with court forms (in some states).