Divorce Laws in New York

New York Domestic Relations Law § 170 provides seven grounds for divorce. The no-fault ground (added in 2010) is the "irretrievable breakdown of the marriage for a period of at least six months" (§ 170(7)). This is now the most commonly used ground, as it requires only a sworn statement by one spouse.

Fault-based grounds still available in New York: - Cruel and inhuman treatment (§ 170(1)): Conduct that endangers the physical or mental well-being of the plaintiff. - Abandonment (§ 170(2)): Abandonment for a continuous period of at least 1 year. - Imprisonment (§ 170(3)): Confinement in prison for 3 or more consecutive years. - Adultery (§ 170(4)): Requires corroborating evidence — cannot be proven by the testimony of one spouse alone. - Conversion of separation agreement (§ 170(5) and (6)): Living under a judicially approved or notarized separation agreement for 1 or more years.

Unlike many states, New York's equitable distribution law does allow courts to consider marital misconduct (e.g., financial dissipation of assets) in property division.

New York Domestic Relations Law § 230 provides five alternative residency paths for filing in New York: 1. The parties were married in New York and either party is a state resident at time of filing. 2. The parties lived in New York as a married couple and either party is a state resident at time of filing. 3. The grounds for divorce occurred in New York and either party is a state resident at time of filing. 4. Either party has been a New York resident for at least 1 year and the parties were married in New York, lived in New York as spouses, or the grounds occurred in New York. 5. Either party has been a New York resident for at least 2 years.

These alternatives give New York courts very broad jurisdiction, but at least one spouse must meet one of these conditions.

New York Domestic Relations Law § 236-B governs equitable distribution of marital property. Marital property is everything acquired by either spouse during the marriage — regardless of whose name is on the title — except property excluded by valid prenuptial or postnuptial agreement.

Courts consider 13 statutory factors in DRL § 236-B(5)(d), including: the income and property of each party at marriage and at the time of divorce; the duration of the marriage; the age and health of both parties; whether one spouse supported the other's education or career; contributions as spouse or parent; whether one spouse will have custody of minor children; the liquidity of marital property; and any wasteful dissipation of marital assets.

Unlike community property states, New York does not start with a 50/50 presumption. A court might award 60/40 or even 70/30 based on the statutory factors. Courts also consider tax consequences and cost of liquidating assets.

New York calls alimony "maintenance," governed by Domestic Relations Law § 236-B(6). New York has a formula for calculating temporary maintenance (paid while the divorce is pending) and post-divorce maintenance.

The formula uses both spouses' incomes, with caps at $228,000 (updated periodically) of the paying spouse's income. Temporary maintenance: 25% of the lower-earning spouse's income subtracted from 20% of the higher-earning spouse's income.

For post-divorce maintenance, courts consider the length of the marriage, present and future earning capacity, reduced earning capacity due to one spouse forgoing career for childcare, health, and the need to obtain education or training. Duration guidelines exist: for marriages under 15 years, maintenance runs 15-30% of the marriage length; for 15-20 years, 30-40%; for 20+ years, 35-50%.

New York uses "custody" to describe both legal custody (decision-making) and physical custody (residence). Custody determinations are made under the best interests of the child standard — there is no explicit statutory factors list in New York, but courts have developed extensive case law examining parental fitness, domestic violence history, the child's relationship with siblings, each parent's ability to foster the other parent's relationship with the child, and the child's preference (weighted by age and maturity).

New York courts can award joint legal custody, joint physical custody, or sole custody to one parent. In contested cases, the court may appoint an Attorney for the Child (AFC) to represent the child's interests. Child support is calculated using the Child Support Standards Act (CSSA) formula under DRL § 240(1-b) based on combined parental income.

A New York divorce begins with filing a Summons with Notice or a Summons and Verified Complaint in the Supreme Court (which handles divorces, despite the name) of the county where either spouse resides. New York uses an "index number" system — you purchase an index number ($210) when filing.

The defendant spouse is served and has 20 days (30 days if served outside New York) to appear. The parties then exchange financial statements and mandatory automatic orders (which prevent either party from selling or transferring marital property) go into effect upon service.

Uncontested divorces use a Judgment of Divorce packet. All issues must be resolved — New York will not grant a divorce unless all ancillary issues (equitable distribution, maintenance, custody, child support) are resolved or waived. Contested cases proceed through the Supreme Court with judicial hearings.

Filing an index number in New York costs $210. Additional fees include: note of issue fee ($30), certified copies. Total court fees for uncontested divorces are approximately $335-$400.

Service of process adds $50-$150. Attorney's fees in New York City range from $350-$500 per hour; statewide averages $200-$400 per hour. Contested divorces in New York City commonly cost $30,000-$75,000 or more. Fee waivers (poor person applications) are available for qualifying parties.