Divorce Laws in New York

Understanding New York's specific divorce laws, court procedures, and requirements can help you navigate the process more effectively. Here's what you need to know about getting divorced in New York.

Key Requirements

Basic Requirements

Residency Requirement:
2 years (varies by circumstances)
Waiting Period:
None
Property Division:
Equitable Distribution

Cost & Timeline

Average Cost:
$25,000
Average Timeline:
8-18 months
Grounds for Divorce:
No-fault, Fault-based available

Court System

Which Courts Handle Divorce

Supreme Court handles divorce cases

Property Division

Equitable Distribution

New York follows equitable distribution, which means:

  • • Property is divided fairly, but not necessarily equally
  • • Courts consider factors like length of marriage and income
  • • Separate property typically remains with original owner
  • • Marital property includes assets acquired during marriage

Child Custody

Custody Standards

Best interests of the child standard

Common factors courts consider:

  • • Child's physical, emotional, and developmental needs
  • • Each parent's ability to provide care
  • • Child's relationship with each parent
  • • Stability of each parent's home environment
  • • Child's preference (if age-appropriate)
  • • Any history of domestic violence or abuse

Important New York Information

State-Specific Details

Complex residency requirements with multiple options

Next Steps

  • Consult with a family law attorney licensed in New York
  • Gather all necessary financial documents
  • Understand your county's specific court procedures
  • Consider mediation or collaborative divorce options
  • Research local support groups and resources
  • Plan for the emotional and financial aspects of divorce

Disclaimer: This information is general in nature and should not be considered legal advice. Divorce laws change frequently, and each situation is unique. Always consult with a qualified attorney licensed in New York for advice specific to your circumstances.