Statutory Reference to New York Domestic Relations Law:

Residence: § 230

Divorce: § 170

Property Distribution: § 236(b)(5)(c, d)

Alimony: § 236B

Custody: § 240

Visitation: § 240

Child Support: § 240(1-b)

Residence:

If only one spouse resides in New York at the time of the divorce, that spouse must have resided in New York for two years.  The residency requirement is reduced to one year if: (1) the spouses were married in New York and one spouse is still a resident; (2) the parties resided together as man and wife in New York at one time and one spouse is still a resident; (3) the grounds for divorce arose in New York. 

If both spouses resided in New York at the time of the filing of the divorce and the grounds for divorce arose in New York, there is no residency requirement.

Grounds:

No-fault: (1) Living separate and apart for one year under the terms of a separation agreement which is in writing and signed and notarized; (2) Living separate and apart for one year under the terms of a judicial separation decree.

Fault: (1) adultery; (2) abandonment for one year; (3) imprisonment for three or more consecutive years; (4) cruel and inhuman treatment.

Distribution of Property:

Equitable distribution, based on dual classification of property.  Separate property comprises property acquired before the marriage, gifts, inheritances, increase in value of separate property, and property acquired in exchange for separate property.  Marital property is property acquired during the marriage and not separate property.  Marital property shall be divided based on 17 enumerated factors, including custodial provisions, dissipation, and contributions as spouse, parent, wage earner, and homemaker.

Alimony/Spousal Support:

Either spouse may be awarded maintenance without regard to marital fault, based on eleven enumerated factors, including income of parties, length of marriage, dissipation, custodial responsibilities, reduction in earning capacity due to marriage.

Child Custody/Visitation:

Joint or sole custody is to be determined according t the best interests of the child.  Neither parent is entitled to a preference. 

Child Support:

Child support guidelines are based on the Income Shares Model, calculated on net income. 

New York State Resource Directory

Family Law Advisor® Home Page