
New York Divorce Forms and Papers
Select the New York divorce forms below that best suits your needs. We offer instant downloadable New York divorce kits that include step by step attorney authored divorce guides to help you fill out and file your divorce throughout New York.
It is our goal to help more New Yorkns avoid high cost divorce attorney fees by offering do it yourself New York divorce solutions that give you everything you need to file your uncontested or no fault divorce in New York with simplicity and ease. To get started select your New York Divorce form package below and start your download today.
New York Residency Requirements For Divorce
New York imposes a two year residency period if only one spouse lives in New York at the time of filing. A one year period is imposed if: (1) the marriage took place in NY and one spouse is still a resident; or (2) both spouses resided in NY and one spouse is still a resident; or (3) grounds for divorce arose in NY. No minimum time limit is required if the spouses are both residents and the grounds arose in NY.
Grounds For Divorce In New York
The no-fault grounds for divorce in New York are:
- living separate and apart for one year under the provision of a written signed and notarized separation agreement;
- living separate and apart under the terms of a judicial separation decree(Legal Separation).
- imprisonment for three years or more;
- abandonment for one year;
- cruel and inhuman treatment;
- adultery.
New York Child Custody
In no case shall there be a preference based on the gender of the parent or child. In a contested situation, the court shall determine solely what is for the best interest of the child, and what will best promote his or her welfare and happiness, and make an award accordingly.
New York Child Support GuideLines
New York has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Typically the paying spouse will contribute 17% of his or her income for one child, and up to 31% for four children. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce in New York is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
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