New York Divorce Law Residency Requirements for Divorce in New York

If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].

Legal Grounds for Divorce in New York

  1. No Fault Divorce:
    1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
    1. Living separate and apart for 1 year under the terms of a judicial separation decree
    [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
  2. General Divorce:
    1. Adultery
    2. Abandonment for 1 year
    3. Imprisonment for 3 or more consecutive years
    4. Cruel and inhuman treatment
    [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:

1. Adultery
2. Abandonment
3. Imprisonment for 3 or more consecutive years
4. Neglect of and failure to provide support for a wife
5. Cruel and inhuman treatment

If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:

1. The spouses were married in New York and either spouse is still a resident
2. They once resided in New York and either spouse is still a resident
3. The grounds for legal separation arose in New York

In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].

Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:

1. The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
2. Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement

There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.

Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
3. The probable future economic circumstances of each spouse
4. The length of the marriage
5. The age and health of the spouses
6. The amount and sources of income of the spouses
7. The probable future financial circumstances of each spouse
8. The potential loss of inheritance or pension rights upon dissolution of the marriage
9. Whether the property award is instead of or in addition to maintenance
10. Custodial provisions for the children and the need for a custodial parent to occupy the marital home
11. The type of marital property in question
[whether it is liquid or non-liquid]
12. The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
13. The tax consequences to each party
14. The wasteful dissipation of assets
15. Any transfer of property made in anti-cipation of divorce
16. Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
17. Any other factor necessary to do equity and justice between the spouses

Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:

1. The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
2. Any transfer of property made in anticipation of divorce
3. The duration of the marriage
4. The wasteful dissipation of marital property
5. The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The tax consequences to each spouse
7. Any custodial and child support responsibilities
8. The ability of the spouse seeking support to become self-supporting and the time and training necessary
9. Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
10. Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
11. The age and health of both spouses
12. The present and future earning capacities of both spouses
13. Any other factor the court deems just and equitable

[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].

Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:

1. The financial resources of the child and the parents
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional health of the child and any special needs or aptitudes of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The tax consequences to each parent
6. The non-monetary contributions that the parents will make towards the care and well-being of the child
7. The educational needs of either parent
8. Whether 1 parent's income is substantially less than the other parent's
9. The needs of other children of the non-custodial parent
10. If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
11. Any other relevant factors

Security may be required for the payments.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 236-Part B, 240, and 243 and New York Case Law].

Continue to North Carolina Divorce Laws
 
Resource Article:
 
Divorce and Hidden Assets
By Jean Mahserjian
 

Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets.

In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.

There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your spouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.

Before you alert your spouse that you are considering divorce, you need to compile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.

If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.

Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outside of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance.

If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce attorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.

If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.

If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other individual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.
 

Divorce Terms:
Interlocutory Order. See Temporary Order; Temporary Restraining Order

Interrogatories. See Discovery; Pretrial Discovery

Intestate; Laws of Intestacy. A person who dies without a will is said to die intestate.

State laws of intestacy establish who inherits, and in what percentage. Surviving spouses usually inherit the entire estate except in the case of surviving children who are entitled to usually two thirds, while the surviving spouse inherits the remaining one third. Rules vary from state to state.

Investigator; Court Investigator. A person appointed by the court, usually to investigate child-related matters, and file a report with the court.

Unlike the Guardian ad Litem, the investigator does not stand in the shoes of the minor child(ren).

Irretrievable Breakdown. The legal grounds for no fault divorce in most states.

The court must be convinced, i.e., find, that the marriage has irretrievably broken down and that there is no chance of reconciliation. If your case is uncontested you may have to sign an affidavit stating that the marriage is irretrievably broken down. It is filed along with your joint petition and separation agreement before an uncontested, no-fault divorce is granted..

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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