New York Divorce
Information and FAQ
A divorce may be granted in the State of New York upon the
following grounds:
1. Cruel and inhuman treatment; 2. Abandonment; 3. Imprisonment
for 3 years or longer; 4. Adultery; 5. Living separate and apart for
one year or longer under either a decree of separation or a
separation agreement between the parties. Vol. 8, Art. 10, Sec. 170
Residency requirements New York has a one year residency
requirement under the following circumstances:
1. The parties were married in the State of New York and either
party is and has been a resident of New York for one continuous year
immediately prior to filing for divorce;
2. The parties resided in the State of New York as man and wife
and either party is and has been a resident of New York for one
continuous year immediately prior to filing for divorce;
3. The cause of the divorce occurred in the State of New York and
either party is and has been a resident of the State of New York for
one continuous year immediately prior to filing for divorce;
4. The cause of the divorce occurred in the State of New York and
both parties are residents thereof.
In all other instances, either party must have resided in the
State of New York for two contiuous years immediately prior to the
commencement of the action. Vol. 8, Art. 13, Sec. 230 » Return to
top Name of court and title of action/parties An action for divorce
filed in the State of New York is filed in the Supreme Court. The
title of the action initiating the divorce action is a Complaint for
Divorce, while the title of the action granting the divorce is
referred to as the Judgement of Divorce. The party who files the
action for divorce is the Plaintiff, while the other party to the
action is referred to as the Defendant. Legal separation A judgement
of legal separation may be obtained in the State of New York on the
following grounds:
1. Cruel and inhuman treatment; 2. Abandonment; 3. Neglect or
refusal to provide support; 4. Adultery, or; 5. Imprisonment for
three years or longer. Vol. 8, Art. 11, Sec. 200
Simplified divorce procedure New York permits a summary divorce
to be granted if the parties have lived separate and apart for a
period of one year pursuant to a written agreement of separation.
The plaintiff must submit proof of substantial compliance with the
terms and conditions of the separation agreement. Vol. 8, Art. 10,
Sec. 170 Alimony Either party to a divorce action may be ordered to
pay alimony to the other spouse, without regard to marital fault,
after consideration of the following factors:
1. The income and property of the parties; 2. The duration of the
marriage; 3. The present and future earning capacity of both
parties; 4. The ability of the party seeking alimony to become self-
sufficient and the length of time and training necessary to become
so; 5. Reduced or lost lifetime earning capacity as a result of
having foregone or delayed education, training, employment or career
opportunities during the marriage; 6. Children of the marriage in
the respective homes of the parties; 7. Tax consequences; 8. Any
other factor the court deems relevant. Vol.8, Art.13, Sec.236
Distribution of property Marital property shall be distributed
equitably between the parties after due consideration of the
following factors: 1. The income and property of each party; 2. The
duration of the marriage and the age and health of the parties; 3.
The need of the custodial parent to occupy the marital home; 4. The
loss of inheritance and pension rights upon divorce; 5. Any award of
alimony; 6. Any contributions to the acquisition of marital
property; 7. The liquid or non-liquid character of marital assets;
8. The probable future financial circumstances of the parties; 9.
Tax consequences; 10. Any other factor the court deems relevant.
Vol.8, Art.13, Sec.236 » Return to top Child Custody The issue of
custody of any minor children of the marriage will be decided by the
court according to the best interests of the child. There exists no
presumption in favor of either parent regarding custody of the
children. Vol. 8, Art. 13, Sec. 240 Child support New York has
established child support guidelines which are presumed to be the
correct amount of support due, absent a showing that application of
the guidelines would be unjust or innappropriate. Some of the
factors the court will consider in determining the correct amount of
support to be awarded include:
1. The financial resources of the custodial and non-custodial
parent, and those of the child; 2. The physical and emotional health
of the child and the child's special needs and aptitudes; 3. The
standard of living the child would have enjoyed had the marriage not
been dissolved; 4. Tax consequences; 5. The non-monetary
contributions of the parents; 6. The educational needs of either
parent; 7. A comparison of gross incomes of the parents; 8. Any
other relevant factor. Vol. 8, Art. 13, Sec. 236
Name change Upon request, the court will restore a party to the
use of her former or maiden name. Vol. 8, Art. 13, Sec. 240
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