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New York Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 3, 2024

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Divorce can be a tumultuous experience, both emotionally and legally. If you're contemplating or facing a New York divorce, understanding the state-specific procedures can make the process more manageable. This guide endeavors to provide a comprehensive overview of divorce in New York.

In this detailed guide to New York divorce, you'll learn everything you need to know, including:

How Do You File for Divorce in New York?

In New York, the divorce process commences when one spouse, the petitioner, submits the "Summons with Notice" or "Summons and Complaint" to the Supreme Court in the county of residence. Once these documents are filed, they must be personally delivered to the other spouse, the respondent. From the date of service, the respondent has 20 days (if served in New York) or 30 days (if served outside of New York) to respond. Failure to respond can lead to a default judgment. 

Complete financial disclosure from both parties, detailing assets, liabilities, income, and expenses, is a critical component of the process, ensuring fair property division and support determinations.

What are the Residency Requirements to File for Divorce in New York?

For a divorce to be processed in New York, specific residency conditions must be met. One or both spouses must have lived in New York for a continuous period of at least two years prior to filing. 

Alternatively, if married in New York and one spouse has lived in the state for a continuous year, or the grounds for divorce occurred in New York and one spouse has lived in the state for a continuous year, or both spouses are residents at the time of filing and the grounds for divorce happened in New York, then they are eligible to file for divorce in New York.

What are the grounds for divorce in New York?

While New York did implement no-fault divorce in 2010, there are still multiple grounds for divorce, including: 

  • Irretrievable Breakdown: A relationship breakdown for at least six months (no-fault ground). 
  • Cruel and Inhuman Treatment: Physical or mental abuse that endangers the plaintiff's physical or mental well-being. 
  • Abandonment: One spouse abandons the other for a continuous period of at least one year. 
  • Imprisonment: If a spouse is in prison for three or more consecutive years after the marriage began. 
  • Adultery: One spouse commits adultery. However, this ground has defenses that could be raised by the respondent. 
  • Separation Agreement: Living apart for at least a year following a legally recognized separation agreement. 
  • Judgment of Separation: Living apart for at least a year following a judicial separation judgment.

How to Get a Quick Divorce in New York

In New York, when both spouses are in agreement on all aspects of the divorce, they can avail of an uncontested divorce—typically the swiftest and most straightforward divorce procedure. Here's a more detailed look:

  • Agreement on Grounds: Both spouses must concur on the grounds for the divorce. While New York offers multiple grounds, "irretrievable breakdown" for at least six months is the most common for uncontested divorces.
  • Settlement Agreement: Spouses need to create a detailed settlement agreement that outlines the division of property, assets, and debts. It should also cover arrangements for child custody, visitation, child support, and spousal support.
  • Residency Requirements: Before filing, ensure that either you or your spouse meets the residency requirements of New York.
  • Document Submission: Once all required documents, including the settlement agreement, are prepared, they need to be filed with the county clerk's office.
  • Judgment: After the mandatory waiting period and all administrative prerequisites are met, the court can grant the divorce without the need for a court hearing, saving time and reducing stress for both parties.

Does New York Require Separation Before Divorce?

While New York doesn't obligate couples to have a formal separation period before filing for divorce, separation can be a ground for divorce itself. Here's how:

  • Legal Separation Agreement: Couples can draft a legal separation agreement outlining their respective rights and responsibilities. Once signed and notarized, if the couple lives apart following the agreement and either party decides to seek a divorce after a year, the agreement can serve as a ground for divorce.
  • Judicial Decree of Separation: This is a court judgment that mandates the separation. Like the separation agreement, if spouses live apart for at least one year following this decree, it can be used as grounds for divorce.

How Much Does Divorce Cost in New York?

Navigating a divorce in New York comes with its share of costs, both predictable and unforeseen:

  • Filing Fee: The base fee for filing a divorce in New York stands at around $210, but this can vary based on the county.
  • Service Costs: Serving the divorce papers to the respondent might involve additional costs, especially if you employ a process server or sheriff.
  • Attorney's Fees: While an attorney isn't always necessary, in cases with complexities—whether financial, property-based, or concerning child custody—legal representation is advisable. Attorney fees can range anywhere from $250 to $700 per hour or more.
  • Mediation and Counseling: If disputes arise, couples might opt for mediation or counseling, which come with their associated fees.
  • Additional Expenses: Depending on the intricacies of the divorce, costs might accrue from property evaluations, financial experts, child custody assessments, and more.
  • Financial Assistance: If a party is unable to bear the costs, New York courts may offer fee waivers or reductions in certain circumstances.

How Long Does It Take to Get Divorced in New York?

The timeframe to finalize a divorce in New York hinges on numerous factors:

  • Uncontested Divorces: These are the quickest, often concluding within three months to a year after all documents are filed and served. The mandatory waiting period post-filing and serving contributes to this duration.
  • Contested Divorces: If disputes arise—whether over child custody, property division, or other issues—and the case proceeds to trial, the process can stretch out, taking several years in some instances.
  • Court Delays: Caseloads in courts can influence the speed at which divorces progress. High caseloads can mean longer waiting periods for hearings or trials.
  • Cooperation Level: A divorce's speed is often directly proportional to the couple's willingness to cooperate and come to mutual agreements. Mediation or collaborative divorce methods can expedite the process compared to drawn-out court battles.

Remember, while speed is a factor, ensuring that your rights and interests are protected is crucial. It's often advised to take the necessary time to make well-informed decisions during the divorce process.

How is Marital Property Divided in New York?

In New York, the division of marital property is governed by the principle of equitable distribution. This does not necessarily imply an exact equal split but ensures that the distribution is fair based on various circumstances of the couple. Factors assessed during this division encompass:

  • Contributions to Marital Property: This refers to each spouse's financial and non-financial contributions to the acquisition, preservation, or appreciation of marital property.
  • Length of Marriage: The duration can influence decisions, especially if one partner took time off work or career opportunities to support the household.
  • Health and Age: The physical and mental condition of both parties can impact their future earning potential and, in turn, the property division.
  • Future Financial Circumstances: If one partner may face difficulties in the future due to age, health, or other reasons, the court might factor this into the distribution.
  • Separate vs. Marital Property: Only property and assets acquired during the marriage are considered marital property. Assets owned before marriage, inheritances, and personal gifts remain separate and are typically not subject to division.

How Does Child Custody Work in New York?

When determining child custody in New York, the overriding concern for courts is the child's best interests. Key considerations include:

  • Parent-Child Relationship: The emotional bond and relationship stability between the child and each parent.
  • Stability of Home Environment: The continuity in the child's life, encompassing their schooling, community activities, and social connections.
  • Parental Fitness: The mental and physical well-being of each parent and their capability to cater to the child's needs.
  • History of Violence: Any instances of domestic abuse or violence can significantly impact custody decisions.
  • Child's Preference: If the child is of an age and maturity deemed appropriate by the court, their wishes might be factored into the decision. The court can award joint or sole custody, encompassing both decision-making rights and residential arrangements.

What are the Child Support Guidelines in New York?

New York's Child Support Standards Act (CSSA) sets the foundation for determining child support. The formula used involves:

  • Parents' Combined Income: The combined adjusted gross income of both parents is a pivotal factor.
  • Number of Children: A percentage of the combined income is designated based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and a minimum of 35% for five or more children.
  • Additional Expenses: Childcare, medical care, and educational expenses can influence the overall child support amount. It's worth noting that if circumstances change significantly, such as job loss or a considerable shift in income, the affected party can petition the court for a modification in child support.

How Does Alimony Work in New York?

In New York, spousal maintenance or alimony is designed to ensure that neither spouse faces economic hardship post-divorce. Determining alimony involves:

  • Marital Duration: Longer marriages might result in longer maintenance durations.
  • Economic Circumstances: The economic self-sufficiency of each spouse post-divorce, their respective earning capacities, and any sacrifices made during the marriage, like pausing a career for child-rearing or supporting a partner's education, are crucial factors.
  • Age and Health: Older spouses or those with significant health issues might receive or pay different alimony amounts based on potential future earnings or health care needs.
  • Guidelines for Calculation: While there isn't a strict formula like child support, New York uses specific guidelines to determine alimony for couples with a combined income of up to $192,000. Beyond this, the court has more discretion, considering factors such as lifestyle during the marriage and any other relevant factor.

New York divorce: Frequently Asked Questions

What are the grounds for divorce in New York?

In New York, grounds for divorce include irretrievable breakdown for at least six months, cruel and inhuman treatment, abandonment for at least one year, imprisonment for three or more consecutive years, adultery, living apart for one year following a separation decree, and living apart for one year following a separation agreement.

How long do I have to live in New York to file for divorce?

To file for divorce in New York, either spouse must have been a resident of the state for a continuous period of at least two years prior to filing. However, there are other residency requirements that might allow for a shorter duration.

How is child custody determined in New York?

Child custody is determined based on the best interests of the child. Factors include the child's relationship with each parent, the health and stability of each parent, the child's wishes (if of appropriate age and maturity), and any history of domestic violence.

Does New York offer alimony or spousal support?

Yes, New York courts can grant alimony, known as spousal maintenance. The amount and duration are based on several factors, including the length of the marriage, the age and health of both parties, and each party's present and future earning capacity.

Is marital misconduct considered in property division?

New York follows the equitable distribution model, which focuses on a fair division, not necessarily equal. Marital misconduct is typically not a significant factor in property distribution unless it has a direct economic impact on marital assets.

Can I get an annulment instead of a divorce?

Yes, annulments are available in New York under specific circumstances, such as cases of fraud, lack of consent, or inability to consummate the marriage. An annulment declares the marriage void, as if it never existed.

How is child support calculated in New York?

Child support in New York is determined using the Child Support Standards Act, which uses a formula considering both parents' incomes and the number of children.

Can divorce papers be served by mail in New York?

Yes, divorce papers can be served by mail, but the recipient must sign an "Acknowledgment of Service" form, which should be filed with the court.

What if my spouse refuses to sign the divorce papers?

If a spouse refuses to sign or respond to the divorce papers, the filing spouse can seek a default judgment. This may allow the divorce to proceed without the non-responding spouse's consent.

Are online divorce services valid in New York?

Online divorce services can provide the necessary paperwork. However, it's essential to ensure that all forms are correctly completed and filed. Having the paperwork reviewed by an attorney can ensure accuracy and adherence to New York laws.