Quiz: How Well Do You Know New York Divorce Law?

No-fault divorce became law in New York on August 15, 2010, when Governor David Paterson signed the bill. This marked a significant shift in divorce laws, allowing couples to divorce without proving fault-based criteria or separation. The change aimed to simplify the divorce process and bring New York in line with other states that had already adopted no-fault divorce.

Before 2010, New York did not recognize no-fault divorce. The only way to get a true “no fault” divorce was to enter into a separation agreement and wait one year to file for divorce. If a couple did not want to wait one year, they would have to agree to use one of the other “fault” grounds in order to get a divorce. This changed in 2010 when New York became the last state to allow no-fault divorce.

At-fault divorce in New York can be granted on grounds such as Adultery, Cruel and Inhuman Treatment, Abandonment, and Imprisonment. These fault-based criteria allow one party to accuse the other of wrongdoing, providing leverage in negotiations. The availability of at-fault grounds can impact the divorce settlement, as one party may use them to extract favorable terms from the other.

"Cruel and Inhuman Treatment" in divorce law includes behavior by the defendant that rises to a level making it improper for the plaintiff to continue residing with them. This encompasses actions like domestic violence and repeated, extreme mental cruelty. Allegations under this ground must provide evidence of such treatment, highlighting the seriousness of the accusations in the divorce proceedings.

The new ground for no-fault divorce in New York since 2010 is that the relationship between husband and wife has broken down irretrievably for a period of at least six months. This allows couples to divorce without assigning blame and is a significant departure from the previous fault-based system, providing a more amicable and streamlined process for ending marriages.

For a "Separation Agreement" divorce, spouses must not have lived together for at least one year. This period of physical separation, combined with a signed "Agreement of Separation," serves as grounds for divorce. The one-year requirement reflects the legal recognition of a sustained separation as a valid reason for divorce, allowing couples time to decide on the terms of their separation before formally ending the marriage.

In a Contested Divorce in New York, the jury decides the grounds for divorce, while the judge decides all other ancillary relief. This means that the judge is responsible for determining issues such as child custody, visitation rights, spousal support, and the division of property, ensuring an equitable resolution. The jury's role is limited to establishing the grounds for the divorce.

If the defendant in a divorce case does not answer legal pleadings, the plaintiff may seek a default judgment, leading to the immediate granting of the divorce by default. This legal recourse allows the divorce proceedings to move forward in the absence of a response from the defendant, streamlining the process for cases where one party does not contest the divorce.

To have jurisdiction, New York State Supreme Court requires residency conditions such as the marriage ceremony being performed in NY, residency for one year, or living as husband and wife in NY for one year before the divorce action begins. Meeting these residency criteria establishes the court's authority to handle divorce cases involving the respective parties.

The three key issues when children are involved in a divorce or separation are Child Custody, Child Support, and Visitation Rights. These critical aspects aim to ensure the well-being and proper care of the children, addressing physical custody, decision-making authority, visitation schedules, and financial support. Resolving these issues is crucial for creating a stable environment for the children post-divorce.

Child support in New York is determined based on a percentage of the custodial parent's income. The state's Child Support Standards Act establishes this formula, with payments being 17% for one child and 25% for two children. The calculation ensures financial support for the child or children and helps maintain a standard for child support payments in divorce cases.

Equitable distribution in New York determines the fair division of property at the end of a marriage. The court examines thirteen factors to decide how property accumulated during the marriage and the parties' debts should be divided. While equal distribution is the norm, the court may consider factors such as egregious misconduct or business interests when determining a fair distribution.

Spousal support is known as "maintenance" or "spousal support" in New York. Unlike child support, which follows a set formula, spousal support calculations depend on various factors such as the income disparity between parties, the duration of the marriage, the health of the parties, and the presence of young children. It is generally awarded for a set period, allowing the receiving party time to readjust post-divorce.

Spousal support in New York is rarely granted on a permanent basis except in cases of physical or mental disability or when the parties are elderly (about 60 years old or older). This reflects the court's consideration of specific circumstances that warrant long-term support, ensuring fairness and support for individuals facing challenges due to disability or advanced age.

A court can order one spouse to pay the other's legal fees in a divorce based on income disparity, either on a temporary or final basis. This provision ensures that both parties have access to legal representation, promoting fairness in the legal process. The court considers the financial circumstances of each party and may order the spouse with greater income or assets to contribute to the other's legal fees.