1. Grounds for Divorce under New York Law
The ground you assert when filing affects both the strategy of your case and, in some circumstances, the leverage each spouse holds going into negotiation. New York allows divorce on no-fault and fault-based grounds under Domestic Relations Law § 170.
No-Fault Divorce
Since 2010, the most common ground is irretrievable breakdown of the marriage for at least six months. Either spouse may assert it, and the other party cannot block the divorce by contesting the ground. New York courts will not enter a final judgment, however, until all contested issues, including property and custody, are resolved.
Fault-Based Grounds
Fault grounds remain available and sometimes carry strategic value:
- Cruel and inhuman treatment
- Abandonment for one or more years
- Imprisonment for three or more consecutive years
- Adultery
Fault does not automatically change how marital property is divided, but it can influence maintenance decisions and, in some cases, a custody analysis. Our attorneys assess whether asserting a fault ground helps or complicates your position before you file. Learn more about how grounds for divorce affect case strategy
2. The New York Divorce Filing Process
Both residency and procedural requirements must be satisfied before the court can hear your case, and errors in service of process can delay or disrupt the entire action.
Residency and Jurisdiction Requirements
At least one spouse must meet a residency threshold under DRL § 230. The most commonly satisfied conditions are:
- Either spouse has lived in New York for at least two continuous years, OR
- Either spouse has lived in New York for at least one year AND the marriage took place here, or the couple last lived together in New York, OR
- Both spouses are New York residents at the time of filing and the grounds arose in New York
Divorce actions are filed in the Supreme Court of the county where either party resides. In the Bronx, that is Bronx County Supreme Court.
Documents and Steps
- File a Summons with Notice or Summons and Verified Complaint with the County Clerk
- Serve the documents on your spouse within 120 days
- Your spouse files an Answer or defaults
- Both parties complete and exchange a Net Worth Statement
- Negotiate a settlement or proceed to trial
- Submit the Judgment of Divorce package for the court's signature
Automatic Orders take effect upon filing and prohibit either party from transferring or dissipating marital assets during the proceeding. An uncontested divorce typically concludes within two to three months after the judgment package is submitted; contested cases often take a year or more.
3. How New York Divides Marital Property
Equitable distribution under DRL § 236(B) means a fair division based on the circumstances of the marriage, not a fixed 50-50 split. How far from equal the result is depends on factors that vary widely from case to case.
Marital Vs. Separate Property
| Property type | What it includes |
| Marital property | Assets acquired by either spouse during the marriage, regardless of whose name is on the title |
| Separate property | Property owned before marriage, individual gifts and inheritances, and personal injury compensation |
Marital property
- What it includesAssets acquired by either spouse during the marriage, regardless of whose name is on the title
Separate property
- What it includesProperty owned before marriage, individual gifts and inheritances, and personal injury compensation
Separate property can lose that status if it is commingled with marital funds or used for joint purposes over time. Tracing separate contributions becomes important when that happens.
Factors Courts Apply
Courts weigh 13 statutory factors, including the duration of the marriage, each spouse's income and earning capacity, contributions to the other's career or education, custodial arrangements for children, and pension or inheritance rights lost as a result of the divorce. For more on how courts handle complex asset situations, see our overview of equitable distribution in New York.
4. Spousal Maintenance in New York
New York's 2016 revision to DRL § 236(B)(6) introduced a formula-based approach to maintenance, but the formula gives courts a starting point, not a fixed final number. The facts of the marriage still determine where the award actually lands.
Temporary Vs. Post-Divorce Maintenance
Temporary maintenance runs during the proceeding and follows the statutory formula. Post-divorce maintenance is determined separately and may cover a fixed term, a rehabilitative period, or a longer duration in marriages of significant length.
The Maintenance Formula
Courts apply two calculations and use the lower figure as the presumptive award:
- 20% of the paying spouse's income minus 25% of the receiving spouse's income
- 40% of combined income minus the receiving spouse's income
Courts then adjust that figure based on the length of the marriage, each party's age and health, and the standard of living established during the marriage. In contested cases, courts may also award attorney fees to the less financially capable spouse under DRL § 237.
5. Child Custody and Support in New York
Custody proceedings carry no presumption in favor of either parent in New York. Every determination rests on the best interests of the child under DRL § 240, and the analysis is fact-specific.
Legal Vs. Physical Custody
Legal custody covers decisions about education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. Joint legal custody is common when both parents communicate effectively; physical custody arrangements depend on work schedules, school location, and the practical realities of each household.
The Best Interests Standard
New York courts examine each parent's ability to provide stability, any history of domestic violence or substance abuse, the quality of each parent's relationship with the child, the child's ties to siblings and extended family, and, for older children, the child's own preferences. Courts also weigh which parent is more likely to support the child's ongoing relationship with the other. Our attorneys help clients document and present their full parenting role. For more on how courts analyze these cases, see our page on child custody.
Child Support under the CSSA
New York's Child Support Standards Act sets support at fixed percentages of combined parental income:
| Number of children | Percentage of combined income |
| 1 | 17% |
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5 or more | At least 35% |
1
- Percentage of combined income17%
2
- Percentage of combined income25%
3
- Percentage of combined income29%
4
- Percentage of combined income31%
5 or more
- Percentage of combined incomeAt least 35%
These percentages apply up to the statutory income cap. Courts retain discretion to order additional support for combined income above that threshold.
6. Resolving Your Divorce: Settlement, Mediation, or Trial
Most New York divorces settle before trial, but the right path depends on what issues remain open and how far apart the parties are on each one.
Uncontested Divorce
When both spouses agree on all terms, New York allows the parties to submit a Judgment of Divorce package directly to the court without a hearing. Resolving property, maintenance, and custody by written stipulation in advance is the fastest and least expensive path to a final judgment.
Mediation
Mediation uses a neutral third party to help both spouses reach agreement outside of court. It is private, typically faster than litigation, and often preserves a workable co-parenting relationship after the case closes. A mediator represents neither party, so each spouse should have independent legal counsel review any agreement before signing. See how divorce mediation works in New York.
When Litigation Becomes Necessary
If the parties cannot resolve property division, maintenance, or custody, the case proceeds to trial before a Supreme Court judge. Contested litigation takes longer and costs more. Some situations require it to protect a client's interests fully.
04 Mar, 2026
