Your Roadmap to Handling Divorce in New York

Discussing divorce isn’t easy, but knowing the basics can help a lot. This page focuses on the ins and outs of divorce in New York. We aim to give you a good starting point. Plus, there are more in-depth resources and links right here to help you out.

Divorce Laws in New York

In New York, you can file for divorce under no-fault or fault-based grounds. No-fault means no one is blamed for the marriage ending. Fault-based reasons include things like cruelty or adultery.

To file in New York, one spouse must have lived in the state for at least a year. Unlike some other states, New York has a mandatory waiting period of 120 days for all divorces.

Process of Filing for Divorce

To start a divorce in New York, decide if it’s no-fault or fault-based. You file in the county where you or your spouse lives. New York has specific forms for this. Once filled out, these forms need to be legally served to your spouse.

Serving papers in New York has its own set of rules, so it’s good to look those up.

Get a more detailed overview of the steps in this process by checking out How to File for Divorce in New York.

Child Custody and Support

New York puts children’s needs first in custody decisions. Custody can be joint or with one parent, based on what’s best for the child. Child support calculations consider both parents’ incomes, among other factors. New York’s approach to custody and support might differ from other states, especially in how support is calculated.

Alimony/Spousal Support

Alimony, or spousal support, in New York depends on various factors. The court looks at marriage length, each person’s income, and if someone needs financial support. Each case is unique, so there’s no standard formula.

Property Division

In New York, property is divided fairly, but not always equally. This is known as “equitable distribution.” The court decides what’s fair based on many aspects of your marriage and financial situation.

Resources

Want more on divorce in New York? Check out the links provided. They lead to official court sites, government resources, and legal help.

Article: How Much Does a Divorce Cost in New York?

For Uncontested Divorce with No Children:

• Summons with Notice (UD-1): https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Verified Complaint for Divorce (UD-2): https://www.nycourts.gov/forms/
• Notice of Automatic Orders (NYSSCEF Form 9102): https://www.nycourts.gov/
• Notice Concerning Continuation of Health Care Coverage (NYSSCEF Form 9103): https://www.nycourts.gov/
• Sworn Statement of Removal of Barriers to Remarriage (UD-4): https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Affidavit of Service (UD-3): https://www.nycourts.gov/LegacyPDFS/divorce/forms_instructions/ud-3.pdf
• Proposed Judgment of Divorce: (Sample can be found in the Divorce Packet instructions) https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Self-addressed and stamped envelopes: Two envelopes, one for each party, to receive the final divorce decree by mail.

Additional Forms Depending on Circumstances:

• Short Form Application for Child Support Services (CSS-100): https://www.nycourts.gov/forms/
• Net Worth Statement (Supplemental Appendix of Forms): https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Notice of Intention to Resume Prior Surname (SC-34): https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Certification of Dissolution of Marriage (NYC-1): https://www.nycourts.gov/LegacyPDFS/divorce/forms_instructions/DOH-2168.pdf (applicable only to New York City residents)
• Order of Protection (SC-2): https://www.nycourts.gov/ (if needed)

Additional Resources:

• New York State Unified Court System – Divorce Information & FAQs: https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• NYCOURTS.GOV – Uncontested Divorce Forms: https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
• Introduction to Uncontested Divorce Instructions: https://ww2.nycourts.gov/divorce/divorce_withchildrenunder21.shtml

Disclaimer

Remember, this info is for guidance, not legal advice. For specific advice, it’s best to consult a lawyer.