New York is a no-fault divorce state. Parties can get a divorce in New York simply because they want to. Fault is not required to get divorced. However, a divorce can still be contested, fault is just no longer a requirement.
Divorce Law in New York (from 2010)
Under no fault divorce, spouses can simply state in the filings that the relationship between them is irretrievably broken and has been for at least 6 months, to be granted a divorce.
This is a change in the law for New York and has only been in place since 2010. Previously, New York required fault for divorce. The statute can be found under statute DRL 170.7.
Divorces can also be uncontested if the parties agree on matters regarding their split.
Parties can also request ancillary relief, when they do not agree about custody, alimony, division of assets and child support. If parties cannot agree to any of these matters, the judge will decide it in an equitable manner. Assets and debts acquired during a New York marriage will be divided by the court equitably. The courts in New York use several factors to fairly devise the property.
Children custody
One issue that may be contested in the divorce relates to children. Issues can arise with regards to custody, visitation and support.
Courts in New York consider both physical and legal custody of a child. The court may award joint custody or sole custody, depending on the circumstances.
New York courts concentrate on the best interest of the child when considering custody. New York courts prefer that the spouses work out custody arrangements for themselves, but will decide the issue if the spouse cannot do so for themselves.
Additionally, the court will resolve issues of child visitation if the parents cannot work out visitation for themselves.
The parent who does not have physical custody of the child is allowed reasonable visitation rights. It would be rare for a judge to deny visitation to a parent, absent evidence of drug abuse or domestic violence.
Child support in New York
Child support is a big issue parties argue over in New York divorces. New York uses a formula based on a percentage of adjusted gross income for child support paid by the non-custodial parent to the custodial parent. The non-custodial parent can also request costs of education, medical expenses and daycare.
Spousal support
Spousal support is awarded in New York divorces on a case-by-case basis. There is no specific formula like there is in child support. In considering spousal support, the courts are unlikely to award spousal support on a temporary basis but court will take into consideration length of the marriage, physical disability and mental disability. Courts consider the following factors for spousal support:
- how long it would take the party seeking support to become self-supporting;
- reduced or lost lifetime earning capacity;
- the presence of children of the marriage in the respective homes of the parties;
- the tax ramifications;
- income or assets of the parties including the property award;
- length of the marriage and the age and health of the parties;
- earning potential of both parties;
- contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
- dissipation of assets;
- transfers or encumbrance made in contemplation of a matrimonial action without fair consideration;
- Other factors as the court sees fit.
Visit the rest of our site to learn more about Divorce in New York as well as general information about divorce .
