The most important first step is to consult with a qualified matrimonial attorney before taking any action. An early consultation allows you to understand your rights, protect your assets, and avoid common mistakes — such as moving out of the marital home without understanding the implications, or making financial decisions that could affect your case. Before your consultation, it is helpful to gather financial documents (tax returns, bank statements, retirement account statements, mortgage documents, credit card statements) and make a list of your questions. Early legal advice puts you in the strongest possible position, whether your divorce proceeds amicably or becomes contested.

New York offers both no-fault and fault-based grounds for divorce. The most common is no-fault divorce under Domestic Relations Law §170(7), which requires that the marriage has broken down irretrievably for at least six months. No specific wrongdoing needs to be proven. Fault-based grounds — including cruel and inhuman treatment, abandonment (for one or more years), imprisonment, adultery, and living apart under a separation agreement or judgment — remain available but are rarely pursued because they add complexity and cost without typically improving the outcome.

New York courts require that at least one spouse satisfy the residency requirements under Domestic Relations Law §230. You can file if: (1) you or your spouse has been a New York resident for at least two years prior to filing; (2) you or your spouse has been a resident for at least one year and either the marriage took place in New York, you lived as a married couple in New York, or the grounds for divorce arose in New York; or (3) both spouses are New York residents on the date of filing and the grounds for divorce arose in New York.

Yes. A spouse cannot prevent a divorce in New York by refusing to participate. Under New York's no-fault law, one spouse's assertion that the marriage has irretrievably broken down for at least six months is sufficient grounds. If your spouse refuses to engage with the proceedings, the court can proceed by default after proper service of the divorce summons and Complaint.

A divorce is uncontested when both spouses agree on all issues: grounds, division of property and debts, spousal support (maintenance), and — if applicable — child custody, parenting time, and child support. Uncontested divorces are faster and less expensive. A contested divorce means the parties disagree on one or more issues, requiring court intervention and potentially a trial. Contested divorces typically take much longer, depending on the complexity of the case. However, even contested divorces often settle before trial through negotiation.

Divorce cases in New York are handled exclusively in Supreme Court (not Family Court). The process begins when one spouse (the plaintiff) files a Summons with Notice or a Summons and Verified Complaint with the County Clerk. The other spouse (the defendant) must be formally served. The parties then exchange financial disclosure through a Statement of Net Worth, which is mandatory in all matrimonial actions, as well as numerous other types of discovery — including demands for bank statements, credit card statements, and other financial records, subpoenas, and depositions. From there, the case proceeds through negotiation until all issues are resolved and a Judgment of Divorce is signed by a judge.

New York follows equitable distribution under Domestic Relations Law §236B — meaning property is divided fairly, but not necessarily 50/50. Courts consider factors including the length of the marriage, each spouse's income and earning capacity, contributions to the marriage (including as a homemaker), the age and health of each spouse, tax consequences, and the loss of inheritance or pension rights. Only marital property — assets acquired during the marriage — is divided. Separate property (assets owned before marriage, or received as gifts other than gifts from your spouse, and any inheritances received during the marriage) generally remains with the original owner, provided it has not been commingled with marital assets.

No. The marital home is subject to equitable distribution, not automatic equal division. Common outcomes include one spouse buying out the other's share and keeping the home, selling the home and dividing the proceeds, or a temporary arrangement allowing one spouse (often the custodial parent) to remain in the home for a defined period. The court considers factors such as which spouse has primary custody of the children, whether either spouse can afford to maintain the home alone, and the financial impact on both parties.

Yes. Retirement accounts — including 401(k)s, IRAs, pensions, and government retirement plans — earned during the marriage are considered marital property subject to equitable distribution. To divide a qualified retirement plan without tax penalties, a Qualified Domestic Relations Order (QDRO) is typically required. New York courts recognize a spouse's share of the other's pension as a marital asset, and this can represent one of the largest assets in a long-term marriage. It is critical to address retirement assets carefully in your divorce agreement, as mistakes can be costly and difficult to correct after the fact.

New York calls alimony spousal maintenance. There are two types: temporary maintenance paid during the divorce proceeding, and post-divorce maintenance paid after the Judgment of Divorce. New York uses a formula under Domestic Relations Law §236B(5-a) to calculate guideline maintenance amounts and duration. Factors include both spouses' income, the length of the marriage, the standard of living established during the marriage, each spouse's age and health, and their earning capacity. Courts can deviate from guidelines when there are compelling circumstances. Maintenance is generally more common — and longer in duration — in long marriages where one spouse sacrificed career advancement for the family.

New York provides advisory guidelines for maintenance duration based on the length of the marriage: approximately 15–30% of the marriage length for marriages under 15 years, 30–40% for marriages of 15–20 years, and 35–50% for marriages over 20 years. These are guidelines, not absolute rules — courts have discretion to order shorter or longer terms based on the specific circumstances. Maintenance typically ends upon the recipient's remarriage, the death of either party, or a court order finding a substantial change in circumstances. Long-term or permanent maintenance may be awarded in marriages of long duration or where a spouse has a disability or significant career impairment.

New York courts determine child custody based on the best interests of the child, considering factors such as: each parent's ability to provide a stable home environment, the quality of each parent's relationship with the child, the child's wishes (given appropriate weight based on age and maturity), each parent's willingness to foster the child's relationship with the other parent, any history of domestic violence, and the mental and physical health of all parties. New York recognizes two types of custody: legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child primarily lives). Joint legal custody — where both parents jointly make major decisions — is common even when one parent has primary physical custody.

Relocation with children after divorce is one of the most contested areas of family law. Under the standard established in Tropea v. Tropea (1996), New York courts evaluate relocation requests on a case-by-case basis using a best-interests analysis. Relevant factors include the reason for the move, the impact on the non-relocating parent's relationship with the child, the child's ties to their current community and school, and whether a modified visitation schedule can maintain meaningful contact between the children and the non-custodial parent. If you have a custody order or agreement, you generally cannot relocate with the children without the other parent's consent or a court order. Attempting to move without permission can result in serious legal consequences, including a modification of custody.

New York uses the Child Support Standards Act (CSSA) under Domestic Relations Law §240 and Family Court Act §413 to calculate child support. The non-custodial parent pays a percentage of combined parental income (up to a statutory cap, currently $193,000, with courts having discretion above that amount): 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more children. In addition to the basic support obligation, parents share add-on expenses — including health insurance, unreimbursed medical costs, and childcare — in proportion to their incomes. Child support in New York continues until the child turns 21, unless the child becomes emancipated earlier or has certain disabilities.

Child support orders in New York are legally enforceable. If a parent fails to pay, you can seek enforcement through the Support Collection Unit (SCU), which can garnish wages, intercept tax refunds, suspend driver's and professional licenses, report to credit bureaus, revoke passports, and seize bank accounts. You can also file a violation petition in Family Court or Supreme Court. Willful non-payment of child support can result in a finding of contempt of court, fines, and even incarceration. An attorney can help you pursue the most effective enforcement strategy based on your circumstances.

The cost of divorce in New York varies significantly depending on complexity and whether the divorce is contested. An uncontested divorce where both parties have already reached agreement can cost between $2,000 to $5,000 or more in attorney's fees plus court filing fees. A contested divorce involving custody disputes, business valuations, issues surrounding spousal maintenance, and equitable distribution of substantial assets can cost tens of thousands of dollars — and in some cases far more. Many attorneys offer an initial consultation to assess your situation. It is almost always less expensive to resolve as many issues as possible through negotiation before turning to litigation — a good family law attorney will help you understand what is worth fighting for and what is not.

You are not legally required to have an attorney, but it is strongly advisable — especially when children, significant assets, a business, real estate, or retirement accounts are involved. Divorce agreements are legally binding and very difficult to modify after the fact. Common DIY divorce mistakes include: inadvertently waiving pension rights, failing to consider all assets and liabilities subject to equitable distribution, failing to address tax consequences, creating unenforceable and unworkable custody provisions, and agreeing to maintenance terms that don't account for future circumstances. Even in an amicable, uncontested divorce, having an attorney review the final agreement is absolutely essential to protect your short and long-term interests.

Domestic violence can be a significant factor in New York divorce proceedings. Courts may consider a history of domestic violence when determining custody, visitation, maintenance, and equitable distribution. If you are in immediate danger, you can seek an Order of Protection from Family Court or Supreme Court, which can remove an abusive spouse from the marital home and restrict contact. Victims of domestic violence may also be eligible for expedited divorce proceedings and additional protections. If domestic violence is a factor in your situation, please discuss this with your attorney immediately — your safety and the safety of your children is the first priority.