New York Divorce Laws

Divorce Law Basics in the State of New York

Also See: New York Marriage Laws

Statute: New York State Divorce Code (Domestic Relations Laws, Article 13, Sections 230 & 231)

No-Fault Grounds:

• Living separate under a decree of separation for one year or more
• Living separate under a written agreement for one year or more

At-Fault Grounds:

• Adultery
• Extreme cruelty
• Abandonment by the defendant for at least one year prior to filing
• Conviction of a crime and imprisonment for at least 3 years after the marriage

Residency:

• The parties were married in the state and either party has been a resident for at least one year prior to filing
• The parties have resided in the state as husband and wife and either party has been a resident for at least one year prior to filing
• The grounds for divorce occurred in the state and both parties are residents at the time of filing
• The grounds for divorce occurred in the state and either party has been a resident for at least one year prior to filing
• Either party has been a resident of the state for at least two years prior to filing

Legal Separation Recognized? Legal separation will be ordered for the following causes:

• Adultery
• Extreme cruelty
• Abandonment by the defendant
• Confinement in prison for a period of three years or more after the marriage

Alimony, property distribution and child support can be awarded.

Property Distribution: New York relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court.