New YorkDivorce Law Guide
New York Divorce Guide :: Table of Contents
The facts about divorce in New York
Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
In New York, a divorce can be completed on average in a minimum of 360 days, with court fees of $335.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in New York for a minimum of twelve months.
On this page, you can learn about New York's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as New York alimony calculation, the property division process and more.
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What are the Requirements for Divorce?
To get a divorce in the state of New York, the first thing that must be met is the residency. For this state, a spouse must be a resident or stationed through the U.S. Military for two years before it can be filed with the county courthouse.
Recently, New York added a no-fault option in 2010 which requires them to be separated for one or more years before filing.
What are Reasons for a Fault Divorce?
The state recognizes the following reasons for a fault divorce:
(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
(2) The abandonment of the plaintiff by the defendant for a period of one or more years.
(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.
(4) he commission of an act of adultery, provided that adultery for Articles Ten, Eleven, anDELeven-A of this Chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in Subdivision Two of Section 130.00 and Subdivision Three of Section 130.20 of the penal law.
(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) The names and addresses of each of the parties, (b) The date of marriage of the parties, (c) The date of the agreement of separation and (d) The date of this subscription and acknowledgment or proof of such agreement of separation.
In state of New York a number of factors are taken into account when ending a marriage.
1. New York Grounds for Divorce FAQ
- Is New York a no-fault divorce state?
- Does New York allow at-fault divorces?
- Does the state of New York allow incompatibility as grounds for divorce?
- Can you get a divorce in New York for living separate and apart?
2. New York Divorce Process FAQ
- Does state of New York allow legal separation?
- What's the difference between a divorce and an annulment?
- How long do I have to live in in the state of New York to get a divorce?
- What is the filing fee for a divorce in New York?
- How long does it take to get a divorce in New York?
3. New York General Divorce FAQ
1. New York Grounds for Divorce FAQ
Is New York a no-fault divorce state?
New York allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in New York may be "irreconcilable differences", or similar grounds.
Does New York allow at-fault divorces?
In addition to no-fault grounds for divorce, New York is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of New York's at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of New York allow incompatibility as grounds for divorce?
Yes, New York does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in New York for living separate and apart?
In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
In New York, married couples who have been living separate and apart for a minimum of twelve months may be granted a divorce on these grounds when sued for by either spouse.
2. New York Divorce Process FAQ
Does state of New York allow legal separation?
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.
In some cases, New York will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.
What's the difference between a divorce and an annulment in New York?
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
How long do I have to live in in the state of New York to get a divorce?
The state of New York requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, New York courts are not considered to have jurisdiction over the divorce case.
What is the filing fee for a divorce in New York?
The court fees for filing the paperwork for a basic divorce in a New York court is $335.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long does it take to get a divorce in New York?
If the process moves along without holdups, the paperwork for a divorce in New York can be processed in a minimum of 360 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
3. New York General Divorce FAQ
Can my spouse stop me from getting a divorce?
Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in New York. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.
New York permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in New York.
Does New York have any limitations on remarriage after a divorce?
New York has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.
What is the divorce rate in New York?
According to the most recent CDC study, the yearly divorce rate in New York is 7 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.
Does New York recognize same sex divorces?
New York recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce.