Divorce is one of life's most challenging experiences. Understanding the legal process in New York can help you navigate this difficult time with greater confidence.
Grounds for Divorce in New York
New York recognizes both no-fault and fault-based grounds:
- No-Fault: Irretrievable breakdown of the marriage for at least 6 months
- Fault-Based: Cruel and inhuman treatment, abandonment, imprisonment, or adultery
Most divorces proceed on no-fault grounds, which doesn't require proving wrongdoing.
The Divorce Process
Step 1: Filing the Summons
The process begins when one spouse (plaintiff) files a Summons with Notice or Summons and Complaint with the court. The other spouse (defendant) must be properly served.
Step 2: Response
The defendant has 20-30 days to respond. If both parties agree on all issues, they can proceed with an uncontested divorce.
Step 3: Discovery
In contested cases, both parties exchange financial information and other relevant documents. This may include depositions and interrogatories.
Step 4: Negotiation/Mediation
Most cases settle before trial through negotiation or mediation. Settlement agreements address property division, custody, and support.
Step 5: Trial (if necessary)
If settlement isn't reached, a judge will decide contested issues after a trial.
Key Issues in Divorce
Property Division
New York follows "equitable distribution," meaning marital property is divided fairly (not necessarily equally). Factors include marriage length, income, health, and contributions to marital assets.
Child Custody
Courts prioritize the child's best interests. Custody can be legal (decision-making authority) or physical (where the child lives). Joint or sole custody arrangements are possible.
Child Support
Calculated using the Child Support Standards Act formula based on parental income and number of children. The court may deviate for various reasons.
Spousal Support (Maintenance)
May be awarded based on factors including income disparity, marriage length, and ability to become self-supporting. Can be temporary or permanent.
Timeline
Uncontested divorces can be finalized in 3-6 months. Contested divorces typically take 1-3 years depending on complexity and court backlog.