New York’s Residency Requirements for Divorce

Domestic Relations Law Section 230 sets forth residency rules for couples wishing to file for divorce in New York State. Generally speaking, the rules require those who file to have lived in New York for a set period of time. Most states have residency requirements, but they are not all uniform in type or duration.

New York’s Grounds for Divorce

In New York, a couple must state their reason, or grounds, for divorce. There are seven different legally acceptable reasons a couple may set forth to obtain a divorce in New York State. Couples divorcing in New York can choose to go the “fault” or “no fault” route when filing for divorce.

Uncontested Divorce in New York

The fastest and most cost-effective method of obtaining a divorce is to file an uncontested divorce. Only those who agree on all material aspects of the divorce - including matters related to property, maintenance, and child support and custody - are good candidates for an uncontested divorce.

Equitable Distribution

New York is an “equitable distribution” state, meaning courts must divide the party equitably, or fairly, between divorcing spouses.

Divorce in New York: Using Discovery and Technology for a Better Result

Because courts divide marital property in a manner that is equitable or fair, it is necessary that the judge making the determination has a full and thorough understanding of what is subject to distribution. Unfortunately, divorce does not always bring out the best in people, and oftentimes a couple’s tax return doesn’t accurately reflect their actual income or assets. Our firm heavily utilizes third party discovery in addition to the more routine document demands to ensure all marital property is divided in an equitable manner. We have years of experience seeking and reviewing information from big banks, social media companies, hospitals, small businesses, and everything in between.

Spousal Maintenance and Divorce

Oftentimes in divorce, one party must pay the other. Spousal maintenance - what was once known as alimony - is paid following a divorce and spousal support is paid while the couple remains technically married.