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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