New York Divorce and Family Court
When New York was exclusively a fault state, sometimes a party could prevent a divorce if
the Plaintiff was unable to prove grounds. Given the fact that New York has become a No Fault Divorce State,
if you want the divorce, it is virtually certain that the divorce will happen so long as the issues of
the marriage have been resolved by agreement or by trial. All you will have to prove is that the
relationship between you and your spouse has broken down irretrievably for a period of at least six
months, provided that you so state under oath.
Upon the entry of the Judgment of Divorce, either party can resume the use of his/her
former maiden or former surname.
If your divorce is contested it is difficult to provide an answer to this question until
we have an idea of what issues exist and remain unresolved. In my experience I have had cases that have
taken as little as six months, to as much as two years. If your divorce is
Uncontested it generally takes less than
Marital Property is any property earned or acquired during the marriage with certain
exceptions. See the Equitable Distribution page for
specific information on what is deemed to be Marital or Separate Property, and how it is divided.
If your case is for a Contested Divorce the answer is probably yes, unless your spouse has a
lawyer that will accept service on his or her behalf.
The Court decides who gets custody based on the "Best Interests of the Child".
See the Child Custody page to find out more about what factors
are considered when the Court determines what is in the best interest of the child, and the types of
custody available in New York.
Regardless of whether your are in Divorce Court or Family Court, child support is
calculated pursuant to the Child Support Standards Act (CSSA). Use the use
NYS Child Support Calculator
to calculate child support payments.
Maintenance in a Divorce is Calculated Pursuant to the Maintenance Formula. Use the
NYS Maintenance Calculator
to calculate the amount and duration of temporary and post divorce maintenance payments.
You can pay with Cash, Personal Checks, Money Orders, Certified Bank Checks,
Credit/Debit Cards, Visa, Mastercard, Discover, and American Express.
Need a Divorce or Family Court Attorney?
Call Stephen K. Underwood, Esq.
or get started with a complimentary case evaluation.