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Courts and
Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law Terms
The Courts of New York
New York State Bar Association
Columbia Law School Law Library
State Statutory Resources
New York State Assembly
Divorce Law
Legal Ease Pamphlet Series - provided by the NY State Bar
Association. See the third link down titled "Divorce & Separation
in New York" for a pamphlet briefly summarizing New York State's
divorce laws. Pamphlet is in .pdf format.
Divorce Law
Residency Requirements
Serving the Summons and Service of Process
Grounds for Divorce in New York
Marriage and Living Together Law
New York State Marriage License Requirements
Marital Separation Agreements Explained
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Child Support
Interactive Child Support Calculator
- provided
by
www.alllaw.com
N.Y. Dom. Rel. Law. Sec. 240(1-b)
Child Support Explained
New York Child Support Services
New York Child Support Worksheet
Child Custody and Visitation Law
FAQ on Child Custody and Visitation
Child Custody Resources
Custody decisions are based on the best interests of the child.
Neither parent is entitled to a preference. There are no factors
specified in the statute. [Consolidated Laws of New York Annotated;
Domestic Relations Law, Volume 8, Section 240 and New York Case Law].
Property Division
New York
is an "equitable distribution" state. Marital property acquired
during the marriage will be equitably divided between the spouses,
based on the following factors: (1) the contribution of each spouse to
the acquisition of the marital property, including the contribution of
each spouse as homemaker; (2) the value of each spouse's property at
the time of the marriage and at the time of filing for divorce; (3)
the probable future economic circumstances of each spouse; (4) the
length of the marriage; (5) the age and health of the spouses; (6) the
amount and sources of income of the spouses; (7) the present and
potential earning capability of each spouse; (8) the potential loss of
inheritance or pension rights upon dissolution of the marriage; (9)
whether the property award is instead of or in addition to
maintenance; (10) custodial provisions for the children and the need
for a custodial parent to occupy the marital home; (11) the type of
marital property in question (whether it is liquid or non-liquid);
(12) the impossibility or difficulty of evaluating an interest in an
asset such as a business, profession, or corporation and the
desirability of keeping such an asset intact and free from
interference by the other spouse; (13) the tax consequences to each
party; (14) the wasteful dissipation of assets; (15) any transfer of
property made in anticipation of divorce; (16) any equitable claim
that a spouse has in marital property, including joint efforts and
expenditures, and contribution and services as a spouse, parent, wage
earner, and homemaker, and to the career and career potential of the
other spouse; and (17) any other factor necessary to do equity and
justice between the spouses. Marital fault may be considered.
Financial disclosure of assets and income are mandatory. [Consolidated
Laws of New York Annotated; Domestic Relations Law, Volume 8, Section
236, Part B].
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