New York Divorce and Family Law FAQ's

What are the grounds for divorce in New York?

There are six grounds for divorce in New York State. A party seeking divorce must demonstrate at least one of these. Cruel and inhuman treatment, abandonment, imprisonment, adultery, living separate and apart pursuant to a judgment of separation, and living separate and apart pursuant to a duly executed separation agreement. Read more details about these grounds for divorce.

What is legal separation?

A legal separation is when the parties are leagally recognized to be living separate and apart from each other; however, the marital relationship remains technically intact. Neither party will be able to remarry, until the legal separation is converted into an actual divorce.

What types of custody are recognized in New York?

There are two types of child custody recognized by New York:
Residential/Physical Custody: Where the child(ren) reside the majority of the time, where the child will attend school, and which parent shall receive child support.
Legal Custody: A parent's right to make major decisions regarding a child(ren)'s welfare.

What are common custodial possibilities?

The most common custodial possiblities in New York:
Sole legal and physical/residential custody: One parent retains exclusive decision-making authority on behalf of the child(ren), together with a designation that the parties' child(ren) primarily reside with him or her.
Joint legal custody with primary physical/residential custody: Both parents share the decision-making authority and responsibility on behalf of the child(ren), while said child(ren) primarily reside with one party.
Joint legal and physical/residential custody: Both parents share the decision-making authority and responsibility on behalf of the child(ren), together with an equal time with their child(ren).

What are the statutory child support percentages in New York?

In New York, child support is computed by totaling the adjusted gross income of both parents, less certain deductions, and then taking a percentage of that sum depending on the number of children requiring support.
One Child: 17% of the total parental income.
Two Children: 25% of the total parental income.
Three Children: 29% of the total parental income.
Four Children: 31% of the total parental income.
Five or More Children: no less than 35% of the total parental income.

What property is subject to equitable distribution in New York?

Marital property is subject to equitable distribution in New York. Separate property is not subject to equitable distribution and includes property acquired prior to marriage, by inheritance or gift from someone other than the spouse, compensation for personal injuries, assets acquired with separate property, and property designated as separate property with a written agreement between the parties.

Does New York State provide for spousal support or maintenance (formerly known as "alimony")?

Yes, New York state provides spousal support considering the following factors: the income and property of the spouses, the duration of the marriage, the age and health of both spouses, the present and future earning capacity of both spouses, and the capacity of the spouse seeking spousal support to become self-supporting, among others.

What is the difference between a prenuptial agreement and a postnuptial agreement?

Both prenuptial and postnuptial agreements is to resolve the allocation of marital and separate property in the event that the marriage fails. The difference is that a prenuptial agreement is entered into before marriage and a postnuptial agreement is made after marriage.

What is divorce mediation?

Divorce mediation is a cooperative process in which you and your spouse meet with a neutral mediator whose function is to assist you in resolving the issues of the marriage. The role of the mediator is to facilitate your ability to achieve a legally binding fair and equitable settlement, without acrimonious and costly litigation.