Filing for Divorce in New York

• The parties were married in New York State, and either the husband or wife lived in New York for one year prior to starting the divorce.  
• The parties lived in New York as husband and wife, and either party lived in New York for one year or more prior to filing.  
• The grounds for the divorce took place in New York, and either party lived in New York for one year or more prior to filing.  
• The grounds for the divorce took place in New York, and both parties live in New York at the time of filing.  
• Either party has lived in New York for two years or more prior to filing.  

2. Does New York have a waiting period?
There is no waiting period in New York.       

• Adultery.
• Cruel and inhuman treatment.
• Abandonment for one year or more.
• Imprisonment for three years or more.
• Living apart pursuant to a judgment of separation for one year or more.
• Living apart pursuant to a written separation agreement for one year or more.  

4. How does New York determine the division of property?      
New York is an equitable distribution state. Under the doctrine of equitable distribution, marital property may only be divided when there is a divorce or an annulment. If the parties remain married, then the court is without authority to distribute marital assets. In dividing marital property, the court will apply the 13 factors listed in Domestic Relations Law 236B(5) and decide how to distribute the marital property to each spouse.  

There is no requirement that property be equally divided, although for longer marriages this will often be the case. In general, the court will look at the length of the marriage, the health and financial circumstances of both spouses, and the nature of each asset.  

Marital property is any asset acquired from the date of the marriage to the date on which the divorce is filed, except for gifts, inheritances, personal injury awards for pain and suffering, and property acquired by separate assets.  

Marital property may include such assets as the marital home, the increase in value of separate property, pensions and retirement accounts, businesses, stocks, and any other item of value. New York also has a special rule unique in the United States — a professional license is also considered a marital asset if it was acquired during the marriage. For example, licenses such as an MD, JD, or even a teaching degree will be divided in a divorce.  

5. Does your state require mediation before a divorce is granted?      
There is no requirement for mediation prior to a divorce being granted.  

6. How does the state determine child custody?   
Child custody is based on the “best interests of the child.” In determining what is in the child’s best interests; the court will use a number of factors to determine which parent is the better parent. There is no specific statute for custody, all factors used