New York Divorce Law

Complete Overview of of the New York Divorce Laws

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Important New York Divorce Guidelines to File for a Divorce

New York Residency Requirements For Divorce

When filing New York divorce forms New York imposes a two year residency period if only one spouse lives in New York at the time of filing. Only a one year period is imposed if:

  • the marriage took place in NY and one spouse is still a resident or;
  • both spouses resided in NY and one spouse is still a resident or;
  • 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 commonly stated grounds for a no-fault New York divorce 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).

The commonly stated grounds for a fault based New York divorce are:

  • imprisonment for three years or more;
  • abandonment for one year;
  • cruel and inhuman treatment;
  • adultery.
New York Child Custody

When it comes to child custody in New York the courts shall make their decision based on the best interests of the child. They will not take gender of the parents into account and shall do their best to promote happiness and continuity for the child in their post-divorce life.

New York Child Support Guidelines

New York has maintained uniform guidelines which are usually consistent in every case, unless a special circumstance arises. To calculate the potential child support payment the courts will look at the gross income of both parents while taking into account the many child related expenses. On average the paying spouse will contribute 17% of their income for one child and up to 31% of their income for four children. Child support usually continues until the child is 18 but can be extended to the end of the secondary education.




At any point before or during the divorce proceedings either party can file a motion to take their issues through mediation. Before the official filing of New York divorce forms the divorcing couple can choose to go through mediation as to speed up the actual process of the divorce.