Divorce Law in New York

Expert Guidance Through Your Divorce Process

Understanding Divorce in New York

New York allows both no-fault and fault-based divorce. Since 2010, New York has recognized "irretrievable breakdown" of the marriage for at least six months as grounds for a no-fault divorce, making the process more straightforward for many couples.

Residency Requirements

To file for divorce in New York, you must meet one of these residency requirements:

  • Either spouse has lived in New York for at least 2 years before filing
  • Either spouse has lived in New York for at least 1 year and:
    • The marriage ceremony was performed in New York, or
    • The couple lived in New York as married partners, or
    • The grounds for divorce occurred in New York
  • Both spouses are New York residents when filing and the grounds for divorce occurred in New York

The Divorce Process in New York

1

Filing the Divorce Petition

The process begins with filing a Summons with Notice or Summons and Complaint in the Supreme Court of the county where either spouse resides.

2

Serving Your Spouse

The non-filing spouse must be properly served with divorce papers within 120 days of filing. Personal service is required unless the court approves an alternative method.

3

Response Period

The served spouse has 20 days to respond if served in New York, or 30 days if served outside the state.

4

Financial Disclosure

Both parties must complete and exchange Statement of Net Worth forms, detailing all income, expenses, assets, and liabilities.

5

Settlement or Trial

Couples can either reach a settlement agreement or proceed to trial for a judge to decide contested issues.

6

Judgment of Divorce

Once all issues are resolved, the court issues a Judgment of Divorce, legally ending the marriage.

Key Issues in New York Divorce

Property Division

New York follows equitable distribution laws, meaning marital property is divided fairly but not necessarily equally.

Child Custody

Courts determine custody based on the best interests of the child, considering various factors.

Child Support

Calculated using the Child Support Standards Act guidelines based on parental income.

Spousal Support

Determined by factors including marriage length, income, and future earning capacity.

How We Can Help

At the Law Office of Nazar Khan, we understand that divorce is one of life's most challenging experiences. Our approach combines legal expertise with compassionate guidance to help you through this difficult time. We offer:

  • Comprehensive case evaluation and strategic planning
  • Expert negotiation in settlement discussions
  • Strong advocacy in court when necessary
  • Assistance with complex asset division
  • Protection of your parental rights
  • Guidance through mediation and alternative dispute resolution
  • Clear communication and regular updates on your case
  • Emergency assistance when needed

Get Expert Divorce Guidance

Schedule a free consultation to discuss your divorce case and learn how we can help protect your rights and interests.

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