Divorce In New York
The following information is a resource for getting a divorce in New York. You can locate a NY divorce attorney to handle your case, read the relevant divorce laws, access legal separation and divorce forms, calculate child support, and more. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersDivorce Financial Analyst Financial Planners Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines New York Child Support Calculator Child Support Enforcement |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
NY DIVORCE ATTORNEY LOCATOR
Steven Mandell
New York City Divorce Attorney
The smartest thing you can do is to hire an attorney with a proven background in protecting your interests, and more importantly your most valuable asset, your children. For compassionate, yet aggressive help, call toll free (888) 2 WIN NOW to speak with New York divorce lawyer Steven J. Mandel.
Law Offices of Stephen I. Silberfein P.C.
New York, NY
Stephen Silberfein provides the highest quality of representation at a reasonable cost. A straightforward, honest, and empathetic lawyer who knows how to make clients feel relaxed and confident. Silberfein saves time and money and minimizes stress while protecting your interests.
Steinberg & Early Hubelback
Long Island, NY
The law firm of Steinberg & Early-Hubelbank, based in Westbury on Long Island, approaches all family-related matters with their clients' best interests, goals, and involvement in mind. Their number-one priority is to help you clarify what's most important to you and take the legal action that best suits your short- and long-term objectives.
Need a Divorce Lawyer?
LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free &
Confidential. You can post you legal issues with Legal Match and receive a reply
from qualified attorneys who can handle your case. Legal Match
is a good directory that empowers consumers to locate and
thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
CERTIFIED DIVORCE FINANCIAL ANALYSTS
Maria T. Carrara, CPA, CDFABellport Lane
Bellport, NY 11713
Area served: Suffolk and Nassau county
Phone: (516) 443-3204
Fax: (631) 776-1308
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of New York. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your New York divorce form preparation today.
ACCOUNTANTS / FINANCIAL PLANNERS
Henry Guberman
Lazar, Levine & Felix
Accounting in New York/New Jersey
Lazar Levine & Felix LLP -- together with its affiliate Lazar Lipton Valuation Services, LLC -- is a team of matrimonial accounting specialists who provide financial and tax consulting, and valuation services, for divorcing people and professionals serving divorcing people.
Smith Barney
John Mikhael - Financial Consultant
325 Columbia Turnpike
Florham Park, NJ 07666
Phone: 973.410.3049
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
The Counseling Center180 Pondfield Rd
Bronxville, NY 10708
Phone: (914) 793-3388
The Counseling Center provides child & family counseling, couples counseling, and pastoral guidance for Westchester County residents.
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesNew York Shelters and Hotlines
State Coalition Against Domestic Violence - New York Chapter
NEW YORK DIVORCE LAW SUMMARY
RESIDENCY REQUIREMENTS: To get an annulment, divorce, or separation, the following residency requirements must be met:
- If the couple was married in the state and at least one spouse has been a resident of the state for a continuous period of one year prior to filing;
- The couple has resided in the state as husband and wife, and either party has resided in the state for a continuous period of one year prior to filing;
- Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. [Based on New York Domestic Relations Laws - Article 13 - Sections: 230]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on any of the following grounds: (1) The cruel and
inhuman treatment.
(2) Abandonment of the plaintiff by the defendant for a period of one or
more years. (3) Imprisonment of the defendant in prison for a period of three
or more consecutive years after the marriage. (4) Adultery. (5) Living separate
and apart pursuant to a decree of separation for a period of one or
more years. (6) Living separate and apart pursuant to a written agreement of separation,
for a period of one or more years
after the execution of such agreement and satisfactory proof has been submitted
by the plaintiff that he or she has substantially performed all the terms and
conditions of such agreement. Such agreement shall be filed in the office of the
clerk of the county wherein either party resides. [Based on New York Domestic
Relations Laws - Article 10 - Section: 170]
LEGAL SEPARATION: A couple may receive a judgment separating the
parties from bed and board, forever, or for a limited time, for any of the
following causes: (1) The cruel and inhuman treatment ,(2) The abandonment of
the plaintiff by the defendant. (3) Failure to support the other spouse. (4)
Adultery; (5) The confinement of the defendant in prison for
a period of three or more consecutive years after the marriage of plaintiff and
defendant. [Based on New York Domestic Relations Laws - Article 11 - Section: 200]
PROPERTY DISTRIBUTION: New York is an equitable distribution state, meaning that marital assets will be divided in an equitable, but not necessarily equal fashion, except where the parties have entered a prenuptial or antenuptial agreement. In determining an equitable disposition of property, the court shall consider: (1) the income and property of each party at the time of marriage, and at the time of the commencement of the action; (2) the duration of the marriage and the age and health of both parties; (3) the need of a custodial parent to occupy or own the marital residence and to use or own its household effects; (4) the loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution; (5) any award of maintenance; (6) any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (7) the liquid or non-liquid character of all marital property; (8) the probable future financial circumstances of each party; (9) the impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party; (10) the tax consequences to each party; (11) the wasteful dissipation of assets by either spouse; (12) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; (13) any other factor which the court shall expressly find to be just and proper. [Based on New York Domestic Relations Laws - Article 13 - Section: 236]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded
spousal support. In determining the amount and
duration of maintenance the court shall consider: (1) the income and property of
the respective parties including marital property distributed distributed in the
divorce; (2) the duration of the marriage and the age and
health of both parties; (3) the present and future earning capacity of both
parties; (4) the ability of the party seeking maintenance to become
self-supporting and, if applicable, the period of time and training necessary to
become self-supporting; (5) reduced or lost lifetime earning capacity of the party seeking
maintenance as a result of having foregone or delayed education, training,
employment, or career opportunities during the marriage; (6) the presence of
children of the marriage in the respective homes of the parties; (7) the tax
consequences to each party; (8) contributions and services of the party seeking
maintenance as a spouse, parent, wage earner and homemaker, and to the career or
career potential of the other party; (9) the wasteful dissipation of marital
property by either spouse; (10) any transfer or encumbrance made in
contemplation of a matrimonial action without fair consideration; and (11) any
other factor which the court shall expressly find to be just and proper. [Based
on New York Domestic Relations Laws - Article 13 - Section: 236]
SPOUSE'S NAME: In any action dissolving a marriage, the final judgment shall contain a provision that each party may resume the use of his or her pre-marriage surname or any other former surname. [Based on New York Domestic Relations Laws - Article 13 - Section: 240-a]
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CHILD CUSTODY: In any action or proceeding brought (1) to annul a
marriage or to declare the nullity of a void marriage, or (2) for a separation,
or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by
petition and order to show cause, the custody of or right to visitation with any
child of a marriage, the court shall require verification of the status of any
child of the marriage with respect to such child's custody and support,
including any prior orders, and shall enter orders for custody and support as,
in the court's discretion, justice requires, having regard to the circumstances
of the case and of the respective parties and to the best interests of the child
and subject to the provisions of subdivision one-c of this section. [Based on
New York Domestic Relations Laws - Article 13 - Section: 240]
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CHILD SUPPORT: New York uses the "Income Shares" Model for
the determination of child support. Child support may be ordered for the care, maintenance and
education of any unemancipated child under the age of twenty-one years.
"Child support percentage" shall mean: (i) seventeen percent of the
combined parental income for one child; (ii) twenty-five percent of the combined
parental income for two children; (iii) twenty-nine percent of the combined
parental income for three children; (iv) thirty-one percent of the combined
parental income for four children; and (v) no less than thirty-five percent of
the combined parental income for five or more children.
The court shall calculate the basic child support obligation based upon consideration of the following factors: (1) The financial resources of the custodial and non-custodial parent, and those of the child; (2) The physical and emotional health of the child and his/her special needs and aptitudes; (3) The standard of living the child would have enjoyed had the marriage or household not been dissolved; (4) The tax consequences to the parties; (5) The non-monetary contributions that the parents will make toward the care and well-being of the child; (6) The educational needs of either parent; (7) A determination that the gross income of one parent is substantially less than the other parent's gross income; (8) The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income; (9) Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent's expenses are substantially reduced as a result thereof; and (10) Any other factors the court determines are relevant in each case. [Based on New York Domestic Relations Laws - Article 13 - Section: 240]
PREMARITAL AGREEMENT: An agreement made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. Such an agreement may include (1) a contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will; (2) provision for the ownership, division or distribution of separate and marital property; (3) provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, (subject to the provisions general obligations law), and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment; and (4) provision for the custody, care, education and maintenance of any child of the parties, subject to the provisions of section two hundred forty of this article. [Based on New York Domestic Relations Laws - Article 13 - Section: 236] » Return to top
