New York Divorce

Please also visit our new website dedicated just to New York Divorce.   We have included some New York divorce information on this page.  However, we recently launched a new comprehensive divorce site dedicated to the state of New York that includes a New York divorce law guide and interactive New York divorce documents that you can immediately complete on-line and see the results before you buy.  Click here to go to http://www.nydivorceonline.com - The New York Divorce Legal Information Center.

State Statutory Resources
New York State Assembly

Divorce Law
Legal Ease Pamphlet Series - provided by the NY State Bar Association.  See the third link down titled "Divorce & Separation in New York" for a pamphlet briefly summarizing New York State's divorce laws.  Pamphlet is in .pdf format.
Divorce Law
Residency Requirements
Serving the Summons and Service of Process
Grounds for Divorce in New York

Marriage and Living Together Law
New York State Marriage License Requirements
 

Child Custody and Visitation Law
FAQ on Child Custody and Visitation
Child Custody Resources
Custody decisions are based on the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 240 and New York Case Law].

Property Division
Marital Separation Agreements

New York is an "equitable distribution" state.  Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's property at the time of the marriage and at the time of filing for divorce; (3) the probable future economic circumstances of each spouse; (4) the length of the marriage; (5) the age and health of the spouses; (6) the amount and sources of income of the spouses; (7) the present and potential earning capability of each spouse; (8) the potential loss of inheritance or pension rights upon dissolution of the marriage; (9) whether the property award is instead of or in addition to maintenance; (10) custodial provisions for the children and the need for a custodial parent to occupy the marital home; (11) the type of marital property in question (whether it is liquid or non-liquid); (12) the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse; (13) the tax consequences to each party; (14) the wasteful dissipation of assets; (15) any transfer of property made in anticipation of divorce; (16) any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and (17) any other factor necessary to do equity and justice between the spouses. Marital fault may be considered. Financial disclosure of assets and income are mandatory. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 236, Part B].

Divorce Questionnaire
and Worksheet