New York Family Law Resources

Men and fathers going through a New York divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s New York divorce lawyers focus on representing men during the divorce process, and that gives them a better understanding of how New York’s divorce laws affect them and their families.

We have compiled a range of resources below to assist men going through divorce in New York State. These resources cover various aspects of family law in New York, providing you with the knowledge to start your case.

• Albany Fathers’ Rights
• Saratoga Springs Fathers’ Rights
• New York Legal Custody: Right to Meaningful Consultation
• Methods For Conflict Resolution in a New York Joint Custody Arrangement
• Divorce in New York – FAQ
• New York Child Custody Questions
• The Role of the Attorney for the Child in New York

New York Divorce Process

The divorce process in New York can start in a few ways:

1. Marital Settlement Agreement or Separation Agreement
2. Action for divorce

It can begin with the parties entering into a separation agreement, which they will later convert to a divorce action based upon the separation agreement.

Separation Agreement / Marital Settlement Agreement

A separation agreement or a Marital Settlement Agreement is a written agreement signed by the husband and wife that resolves all matters involved in a divorce (i.e., child custody, child support, spousal maintenance, declaration of separate and marital property, and distribution of marital property). If spouses enter into a Separation Agreement and live apart for at least one year prior to filing for an action for divorce, they can obtain a divorce on the ground that they have been living separate and a part for a period in excess of one year. However, with New York’s no-fault grounds, spouses need not wait and can obtain a divorce as soon as an agreement is reached.

Action for Divorce

New York, as of 2010, is a no-fault divorce state. To obtain a divorce under New York State law, one party must swear under oath there has been an irretrievable breakdown of the marital relationship for at least six months. If one of the parties swears under oath, the divorce will presumably be granted without anything more.

New York Residency Requirements

To meet the criteria for a New York divorce, at least one of the following situations must apply, according to Domestic Relations Law 230.

• The marriage ceremony was conducted in New York State and one or both spouses were residents at the time and living in New York for a minimum of one year before filing for divorce.
• The couple cohabitated in New York together, with at least one spouse being a resident for at least a full year before filing for divorce.
• The reason a couple pursues divorce took place in New York and both parties were residents of New York at the time.

In cases where a marriage ceremony did not take place in New York and the couple never resided together in New York, in order to be eligible to file for a New York divorce, one spouse must have been a resident of New York State and lived in the state for at least two years before filing for divorce.

Grounds for Divorce in New York

While New York State allows no-fault divorces (“irretrievable breakdown in relationship for a period of six months”), a spouse can choose to pursue a grounds-based divorce. New York permits six other legally acceptable reasons for divorce.

• Cruel and inhuman treatment
• Adultery
• Abandonment
• Imprisonment
• Divorce after a legal separation agreement
• Divorce after a judgment of separation

Related Article: Divorce in New York – FAQ

New York Property Division Process

The court will assemble an extensive list of all marital assets and then create a fair division of property. It is important to understand that “equitable” doesn’t necessarily mean 50/50. Factors the court considers include but are not limited to the following:

• Income and property of each spouse at the time they married and at the time of divorce
• Age and health of each spouse
• Needs of the spouse who is the custodial parent of the children (e.g., the marital home and its contents)
• Any loss of health insurance benefits due to the divorce
• Any spousal support awarded
• Financial and non-financial contributions to the marriage
• Future earning ability/financial circumstances of each spouse

The court will also examine if one or both spouses “wasted” or frivolously spent marital assets while the divorce was ongoing, emptied bank accounts, or sold off property below market value in anticipation of divorce. Courts will also consider any other factors it finds to be fair to reach an equitable distribution of the marital estate.

New York Child Custody Laws

New York has two kinds of custody arrangements to settle in divorces where children are involved: physical and legal custody.

1. Legal custody: Granted to both or one parent, this type of custody is the right to make important decisions about a minor child’s care, including education, religious upbringing, or healthcare. Courts will often grant this custody to both parents unless there is a reason why only one should receive sole legal custody.
2. Physical custody: The parent who is granted physical custody lives with the children and is responsible for their daily care and supervision; the other noncustodial parent will receive visitation. In some cases, a judge will grant joint physical custody and the child spends equal or substantial time in both parental households.

When settling legal and physical custody, New York family courts will consider several factors. The primary factor will be what is in the best interests of the child, which will include the following types of considerations:

• Where the child currently resides and how long they’ve been living with either parent
• Any special needs the child has and the parent better equipped to handle
• How many children are in the family (courts avoid separating siblings when possible)
• Home environment of each parent
• Parent work schedules
• Existing relationship with each parent and the strength of the bond
• Whether a history of domestic history, alcohol, or drug abuse on the part of either parent exists
• Whether one parent will better foster a good relationship with their ex-spouse over the other (e.g., alienating the child or “bad talking” the noncustodial parent, harming the relationship with the child)
• Preferences of older children for where they’d like to live (not a deciding factor but may be considered)
• Parenting skills of each parent
• Ability of each parent to best provide housing, food, healthcare, and education
• Ability of each parent to handle the child’s intellectual and emotional development
• Physical and mental health of each parent, along with their emotional stability

Generally speaking, there is no one-size-fits-all determination. Courts award custody to one or both parents on a case-by-case basis. Other things a court may look at is who resides in each parent’s household, such as domestic partners or other parties.

Related Article: New York Child Custody Questions

New York Child Support

Child support is a way to ensure a child’s financial well-being is established after their parents’ divorce. How it works is custodial parents will request child support from the noncustodial parent and the court will determine an amount using a child support calculator. Sometimes parents can agree on an amount of child support, and in that case, a court will often approve it, so long as it meets their criteria and is in the best interest of the child.

Related Article: How Child Support is Calculated

New York Spousal Support

• Spousal support, often referred to as alimony, may be available in some divorce cases. This is money paid by one spouse to the other in situations where one spouse doesn’t have sufficient income or assets to provide for their (reasonable) needs.
• Divorcing: Financial support received by one spouse from the other after divorce is called maintenance. A Supreme Court judge will review the situation during a divorce case and determine how much support should be paid and for how long.

Not every case will result in alimony being paid. Courts will ask for copies of financial documents, such as tax returns, pay stubs, and a financial disclosure affidavit.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell?

Cordell & Cordell is fully committed to helping men receive fair treatment in family court since 1990. Our family law attorneys have seen firsthand the many challenges men often face in custody and domestic matters. We believe men deserve to have an equal voice and, if necessary, will not hesitate to bring a case to family court to fight aggressively for what’s right. If you want someone who will advocate for you, the understanding and experienced attorneys at Cordell & Cordell are available to help.

Testimonials

“[My attorney] was extremely professional. He knew what he was doing and did the best he could with what he was working with.” — Benjamin H.

“First and foremost, [my attorney] was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome.” — James T.

Let Us Help You Through This

Cordell & Cordell is a national law firm dedicated to helping men with various family law issues.* To schedule a consultation with us, contact our law firm at 866-DADS-LAW (323-7529) or fill out our online contact form and a member of our legal team will get right back to you.

Our New York attorneys are here for you. In addition to legal representation, we provide podcasts, townhalls, and eBooks to help you navigate through family law legal issues.

*This page serves as a resource and is not to be taken as legal advice.