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"The Most Trusted
Name in Online Divorce"
Exclusive
Online Divorce Partner
Best
Online Divorce Service
ADVISOR
We offer an online guided path through divorce that helps couples avoid unnecessary conflict and costs.
Written By:
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new-york
New York Divorce FAQ: 50 Most Common Questions Answered
Divorce is complicated, and New York's laws can be confusing. Whether you're considering divorce or already in the process, you probably have questions. This comprehensive FAQ answers the 50 most common questions New York residents ask about divorce, organized by topic for easy navigation.
Disclaimer: This FAQ provides general information about New York divorce law but is not legal advice. Laws change, and every situation is unique. Consult with a qualified New York family law attorney about your specific circumstances.
Last Updated: February 2026
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This FAQ covers the most common questions, but every New York divorce is unique. If you need personalized guidance:
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After Divorce
46. When is my divorce final in New York?
Your New York divorce is final when the judge signs the divorce decree and it's filed with the court. You'll receive a stamped copy of the final decree. This is usually several weeks after your final hearing. You're not legally divorced until you have this final New York decree.
47. What do I need to do after my New York divorce is final?
Get certified copies of decree, change name on driver's license and Social Security card, update estate planning documents and beneficiaries, divide retirement accounts via QDRO, transfer property titles as ordered in your New York decree, change health and other insurance, open separate bank accounts, and establish credit in your own name.
48. Can I appeal my New York divorce decree?
Yes, but appeals are difficult and expensive. You must file Notice of Appeal within 30 days of the final New York decree. Appeals typically only succeed if the judge made legal error in applying New York law, the decision was against manifest weight of evidence, or the judge abused discretion. Consult an appellate attorney.
49. What if my ex violates the New York divorce decree?
You can file a motion for contempt of court in New York. The court can enforce the decree through fines, makeup time, attorney fees paid by violating party, modification of custody/support, or jail time for repeated violations. Document all violations with dates and specifics.
50. Can we modify our New York divorce decree later?
Some provisions can be modified under New York law, others cannot. Child custody and support can be modified if substantial change in circumstances. Spousal support can be modified if decree says "modifiable." Property division and debt allocation are final once decree signed in New York. You must file a post-decree motion to modify.
Special Situations
41. What if my spouse is hiding assets in New York?
New York requires full financial disclosure under oath. If you suspect hidden assets, request formal discovery (interrogatories, document requests), subpoena financial records, hire a forensic accountant ($3,000-$15,000), and review unusual transfers or withdrawals. New York courts penalize spouses who hide assets severely.
42. How does domestic violence affect New York divorces?
Domestic violence significantly impacts custody and support decisions in New York. The court considers any history of abuse when determining custody, often creating a presumption against the abuser having custody. Protection orders can be requested during New York divorce proceedings for safety.
43. What if my spouse refuses to sign divorce papers in New York?
Your spouse cannot prevent divorce in New York. If they refuse to cooperate, have them served by sheriff or process server, request default judgment if they don't respond, or proceed with contested divorce if they respond but won't cooperate. New York is a no-fault state—you don't need spouse's permission to divorce.
44. Can I get an annulment instead of divorce in New York?
New York allows annulments in limited circumstances proving the marriage was never valid: bigamy, underage marriage without consent, mental incompetence, fraud, or force/duress. Annulment is much harder to obtain than divorce in New York and doesn't solve property/support issues differently.
45. What about military divorces in New York?
Military divorces in New York follow state law with federal protections. Servicemember's Civil Relief Act (SCRA) may delay proceedings if spouse is deployed. Military retirement benefits earned during marriage are divisible under New York law. Consider consulting an attorney experienced in military divorces in New York.
Legal Representation
36. Do I need a lawyer to get divorced in New York?
No, New York allows self-representation. However, consider an attorney if your spouse has one, you have significant assets or debts, you own a business, there are contested custody issues, there's domestic violence history, you suspect hidden assets, or your spouse is being unreasonable. Simple uncontested divorces often work well with online service assistance.
37. What is limited scope representation in New York?
Limited scope representation (unbundled services) means hiring a New York attorney for specific tasks only, rather than full representation. Examples include reviewing documents, consulting on strategy, appearing at one hearing, or drafting settlement agreements. This saves money while getting professional help on crucial issues.
38. How do I find a good divorce attorney in New York?
Contact the New York State Bar Association for referrals, ask friends/family for recommendations, check attorney websites for family law experience, read online reviews (with caution), and schedule consultations with 2-3 attorneys before choosing. Ask about fees, experience with your issues, and communication style.
39. Can I change attorneys during my divorce in New York?
Yes. You have the right to change attorneys in New York at any time. You'll need to notify your current attorney in writing, file a notice of substitution of counsel with the court, and potentially pay your former attorney for work already completed. Changing attorneys mid-case can cause delays and increase costs.
40. What should I bring to my first attorney consultation in New York?
Bring marriage certificate, prenuptial agreement (if any), list of all assets and debts, recent pay stubs and tax returns, information about children, any existing court orders, timeline of marriage events, and questions you want answered. Being organized makes the consultation more productive.
Spousal Support
31. How does New York determine spousal support (alimony)?
New York courts consider multiple factors including income and earning ability of each spouse, age and health, duration of marriage, standard of living during marriage, education and employability, contributions as homemaker, and other relevant circumstances. Not all divorces result in spousal support—it depends on the specific situation.
32. How long does spousal support last in New York?
Duration depends on circumstances in New York. Short marriages (under 5 years) rarely result in long-term support. Longer marriages may result in support for several years or indefinitely. Common types include rehabilitative support (temporary while recipient gets training), transitional support (adjustment period), and permanent support (rare, usually very long marriages).
33. Can spousal support be modified in New York?
New York typically allows modification of spousal support if there's been a substantial change in circumstances like job loss, retirement, remarriage, cohabitation, or significant income change. Check if your New York decree states support is "modifiable" or "non-modifiable"—non-modifiable support cannot be changed except by mutual agreement.
34. Does spousal support end if my ex remarries in New York?
Typically, yes—unless your New York decree specifically states otherwise. Most spousal support orders automatically terminate when the recipient remarries. However, orders don't always terminate for cohabitation—check your specific decree language and New York law.
35. Are spousal support payments tax deductible in New York?
No, not for divorces finalized after December 31, 2018. This is federal tax law affecting all states including New York. For divorces finalized before January 1, 2019, spousal support is tax deductible for the payer and taxable income for the recipient.
Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
Child Support
26. How is child support calculated in New York?
New York uses guidelines considering both parents' incomes, number of children, health insurance costs, childcare expenses, and parenting time allocation. New York provides a child support calculator (often available online) to estimate payments, but courts can deviate from guidelines if circumstances warrant.
27. Does child support end at age 18 in New York?
Child support obligations in New York typically continue until the child turns 18 and graduates from high school, whichever comes later. Support may extend longer if the child is disabled or still in high school past age 18 (usually not past age 19). Check New York's specific age of majority and emancipation rules.
28. Can child support be modified in New York?
Yes, if there's been a substantial change in circumstances since the last order. Examples include significant income changes for either parent, changes in parenting time, changes in health insurance or childcare costs, or the child's needs have changed. You must file a motion to modify in New York court and demonstrate the change justifies modification.
29. What if my ex doesn't pay child support in New York?
New York's child support enforcement agency can help collect unpaid support through income withholding, tax refund interception, license suspension, contempt of court proceedings, credit bureau reporting, and other enforcement mechanisms. You can also file your own contempt motion in New York court.
30. Do I still pay child support with 50/50 custody in New York?
Maybe. Even with equal parenting time in New York, the parent with higher income typically pays some child support because calculations consider both income disparity and parenting time. However, with true 50/50 time-sharing and similar incomes, support payments may be minimal or neither parent pays.
Child Custody
21. How does New York determine child custody?
New York courts use the "best interests of the child" standard. Factors considered include parents' wishes, child's wishes (if mature enough), child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all parties, ability to provide stable environment, and any history of abuse or domestic violence.
22. What's the difference between legal custody and physical custody in New York?
Legal custody is the right to make major decisions about the child's education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. New York courts consider both types of custody and may award sole or joint custody of each type depending on the child's best interests.
23. Does New York favor mothers in custody cases?
No. New York law does not favor either parent based on gender. Courts make custody decisions based solely on the child's best interests. Fathers have equal rights to custody as mothers in New York. The key factors are each parent's ability to care for the child and willingness to facilitate a relationship with the other parent.
24. At what age can a child choose which parent to live with in New York?
New York law typically doesn't specify an exact age when a child can choose. However, judges generally give more weight to a child's preference around age 12 and older. The judge may interview the child to understand their wishes, but the child's preference is just one factor—it doesn't override the best interests analysis in New York.
25. Can I move out of state with my children after divorce?
Relocation with children after divorce is regulated by New York law. Most states require advance written notice to the other parent (often 60 days) before relocating a significant distance. The other parent can object, and the court will hold a hearing to determine if the move is in the child's best interest. Check New York's specific relocation statutes before planning any move.
Property Division
16. How is property divided in New York divorces?
New York is a equitable distribution state. In equitable distribution states, property is divided fairly—not necessarily equally—based on various factors including marriage length, each spouse's contributions, earning capacity, and other circumstances.
17. What is considered marital property in New York?
Marital property in New York includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes homes, cars, bank accounts, retirement accounts, businesses, investments, and debts. The source of funds and how property was acquired matters in equitable distribution.
18. What is separate property in New York?
Separate property is not divided in divorce and typically includes:
Assets owned before marriage
Inheritances received by one spouse (even during marriage)
Gifts given specifically to one spouse
Personal injury settlements (pain and suffering portion)
Property acquired after legal separation
However, separate property can become marital in New York if commingled with marital funds or if the other spouse contributed to its increase in value.
19. Do I get to keep my inheritance in New York?
Generally, yes—inheritances are separate property in New York. However, if you deposited your inheritance into a joint bank account, used it to buy marital property, or your spouse helped maintain or improve inherited property, some or all of it may become marital property subject to division under New York law.
20. How are retirement accounts divided in New York?
Retirement accounts earned during marriage are marital property subject to division in New York. This includes 401(k)s, IRAs, pensions, and other retirement benefits. Division requires a Qualified Domestic Relations Order (QDRO) prepared by an attorney ($500-$2,500) to avoid taxes and penalties. The QDRO directs the plan administrator to split the account according to your New York divorce decree.
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over 1 million divorces
We provide everything you need to get divorced — from conflict resolution to filing support and access to divorce experts — in one comprehensive, convenient online platform.
The team at divorce.com was responsive and helpful during a difficult process. I would highly recommend the site for uncomplicated, amicable divorces!!
Jen B.
I came across this online. So I checked on it. It was easy and affordable. I wish I would have found this years ago.
Brandy D.
I was able to read it easily. Thanks God for this service. I will recommend it to anyone who asks this is a very easy step to do. I love it please try it you won't be disappointed
Dianna R.
Great customer service. Questions were easy to answer and had descriptions to understand the questions.
Andelain R.
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Process & Timeline
11. How long does a divorce take in New York?
New York has no mandatory waiting period. Uncontested divorces typically take 2-4 months from filing to final decree. Contested divorces take 6-18 months depending on complexity. High-conflict cases requiring trial can take 18-24 months or longer.
12. What are the basic steps in a New York divorce?
File divorce petition with Supreme Court
Serve spouse with divorce papers
Spouse files response (or waives service if uncontested)
Exchange financial information
Negotiate settlement or proceed to discovery
Attend mediation if required by court
Reach settlement or go to trial
Judge signs final divorce decree
13. Can we speed up the divorce process in New York?
Yes. The fastest divorces happen when both spouses agree on all terms before filing, all paperwork is completed correctly the first time, financial disclosure is complete and accurate, and neither spouse contests anything. An uncontested divorce with perfect paperwork can be finalized quickly in New York.
14. What is an uncontested divorce in New York?
An uncontested divorce means both spouses agree on all major issues: property division, debt allocation, spousal support (if any), and if you have children, custody and child support. Uncontested divorces in New York are faster, cheaper, and less stressful than contested divorces.
15. What happens if my spouse doesn't respond to the divorce papers?
If your spouse doesn't file a response within the required timeframe in New York, you can request a default judgment. The New York court will typically grant your divorce with the terms you requested in your petition. Your spouse loses the right to contest the divorce terms.
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
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Our Services
Paperwork Only
Basic access to divorce paperwork where you handle the rigorous filing process with the court.
POPULAR
We File For You
Our most popular package includes a dedicated case manager, automated court filing, spouse signature collection, and personalized documentation.
Fully Guided
Complete divorce support including mediation sessions, dedicated case management, court filing, and personalized documentation.
Costs & Fees
6. How much does it cost to file for divorce in New York?
Filing fees in New York typically range from $200-$350 depending on your county. You'll also need to pay for service of process ($40-$150) and potentially other court costs during your case.
7. What's the total cost of divorce in New York?
Total costs depend on whether your divorce is contested:
Online service (uncontested): $1,000-$1,500 including filing fees
Attorney (uncontested): $2,000-$6,000
Attorney (contested): $10,000-$50,000+
The biggest factor affecting cost is whether you can reach agreements without going to trial.
8. Can I get my filing fees waived in New York?
Yes, if you cannot afford the filing fees. You must demonstrate financial hardship, typically by showing your income is at or below 125% of federal poverty guidelines or that you receive means-tested public assistance like SNAP, TANF, Medicaid, or SSI. If approved, the New York court waives filing fees and service costs.
9. Who pays attorney fees in a New York divorce?
Generally, each spouse pays their own attorney fees. However, New York courts can order one spouse to pay the other's attorney fees if there's a significant income disparity and the requesting spouse demonstrates financial need and inability to pay.
10. What if I can't afford a divorce attorney in New York?
Options include:
Apply for a filing fee waiver
Contact New York Legal Aid for free representation (income limits apply)
Use an affordable online divorce service ($500-$2,000)
Hire an attorney for limited scope representation
Represent yourself (pro se) with help from court self-help centers
Filing & Residency
1. How long do I have to live in New York before filing for divorce?
You or your spouse must have lived in New York for 1-2 years depending on circumstances immediately before filing. This is a strict requirement—filing before you meet this residency requirement will result in your case being dismissed.
2. Which county should I file in?
You must file in the county where either you or your spouse has met the local residency requirement. If you both live in New York but in different counties, you can typically choose either county. Most people file in the county where they currently live for convenience. Check with your local Supreme Court for specific filing requirements.
3. Can I file for divorce in New York if my spouse lives in another state?
Yes. As long as you meet New York's residency requirement (1-2 years depending on circumstances), you can file for divorce in New York even if your spouse lives in another state. You'll need to properly serve your spouse according to New York's rules for out-of-state service.
4. What grounds for divorce does New York recognize?
New York allows no-fault divorce, meaning you don't need to prove wrongdoing to end your marriage. The state also recognizes fault-based grounds, though most divorces proceed on no-fault grounds as they're simpler and faster. Contact a New York attorney for specific grounds available.
5. Do we have to be separated before filing for divorce in New York?
No. New York does not require separation before filing for divorce based on no-fault grounds. Check New York's specific requirements as they affect your timeline.
Other Articles:
How Much Does Divorce Cost in Buffalo, NY (2025) | Filing Fees & Attorney Rates
How Much Does Divorce Cost in New York, NY (2025 Guide)
Rochester NY Divorce Cost 2025 | Fees, Rates & What to Expect
Divorce Lawyers in Buffalo, NY | Compare Attorneys
Divorce Lawyers in New York, NY | Compare Attorneys
Divorce Lawyers in Rochester, NY | Compare Attorneys
How to Divorce Without a Lawyer in Buffalo, NY
How to Divorce Without a Lawyer in New York City | Step-by-Step 2025 Guide
How to Divorce Without a Lawyer in Rochester, NY
How to Divorce Without a Lawyer in Syracuse, NY
Other Articles:
How Much Does Divorce Cost in Buffalo, NY (2025) | Filing Fees & Attorney Rates
How Much Does Divorce Cost in New York, NY (2025 Guide)
Rochester NY Divorce Cost 2025 | Fees, Rates & What to Expect
Divorce Lawyers in Buffalo, NY | Compare Attorneys
Divorce Lawyers in New York, NY | Compare Attorneys
Divorce Lawyers in Rochester, NY | Compare Attorneys
How to Divorce Without a Lawyer in Buffalo, NY
How to Divorce Without a Lawyer in New York City | Step-by-Step 2025 Guide
How to Divorce Without a Lawyer in Rochester, NY
How to Divorce Without a Lawyer in Syracuse, NY
Real Answers. Real Support.
We're here to guide you through every step of divorce — whether you're just starting to explore your options or ready to take the next step. Our blog offers expert insights, practical tips, and real-life stories to help you move forward with clarity and confidence.
Real Answers. Real Support.
We're here to guide you through every step of divorce — whether you're just starting to explore your options or ready to take the next step. Our blog offers expert insights, practical tips, and real-life stories to help you move forward with clarity and confidence.
"The Most Trusted
Name in Online Divorce"
Exclusive
Online Divorce Partner
Best
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We offer a guided path through divorce that helps avoid unnecessary conflict and costs.
Written By:
Divorce.com Staff
New York Divorce FAQ: 50 Most Common Questions Answered
Divorce is complicated, and New York's laws can be confusing. Whether you're considering divorce or already in the process, you probably have questions. This comprehensive FAQ answers the 50 most common questions New York residents ask about divorce, organized by topic for easy navigation.
Filing & Residency
1. How long do I have to live in New York before filing for divorce?
You or your spouse must have lived in New York for 1-2 years depending on circumstances immediately before filing. This is a strict requirement—filing before you meet this residency requirement will result in your case being dismissed.
2. Which county should I file in?
You must file in the county where either you or your spouse has met the local residency requirement. If you both live in New York but in different counties, you can typically choose either county. Most people file in the county where they currently live for convenience. Check with your local Supreme Court for specific filing requirements.
3. Can I file for divorce in New York if my spouse lives in another state?
Yes. As long as you meet New York's residency requirement (1-2 years depending on circumstances), you can file for divorce in New York even if your spouse lives in another state. You'll need to properly serve your spouse according to New York's rules for out-of-state service.
4. What grounds for divorce does New York recognize?
New York allows no-fault divorce, meaning you don't need to prove wrongdoing to end your marriage. The state also recognizes fault-based grounds, though most divorces proceed on no-fault grounds as they're simpler and faster. Contact a New York attorney for specific grounds available.
5. Do we have to be separated before filing for divorce in New York?
No. New York does not require separation before filing for divorce based on no-fault grounds. Check New York's specific requirements as they affect your timeline.
Costs & Fees
6. How much does it cost to file for divorce in New York?
Filing fees in New York typically range from $200-$350 depending on your county. You'll also need to pay for service of process ($40-$150) and potentially other court costs during your case.
7. What's the total cost of divorce in New York?
Total costs depend on whether your divorce is contested:
Online service (uncontested): $1,000-$1,500 including filing fees
Attorney (uncontested): $2,000-$6,000
Attorney (contested): $10,000-$50,000+
The biggest factor affecting cost is whether you can reach agreements without going to trial.
8. Can I get my filing fees waived in New York?
Yes, if you cannot afford the filing fees. You must demonstrate financial hardship, typically by showing your income is at or below 125% of federal poverty guidelines or that you receive means-tested public assistance like SNAP, TANF, Medicaid, or SSI. If approved, the New York court waives filing fees and service costs.
9. Who pays attorney fees in a New York divorce?
Generally, each spouse pays their own attorney fees. However, New York courts can order one spouse to pay the other's attorney fees if there's a significant income disparity and the requesting spouse demonstrates financial need and inability to pay.
10. What if I can't afford a divorce attorney in New York?
Options include:
Apply for a filing fee waiver
Contact New York Legal Aid for free representation (income limits apply)
Use an affordable online divorce service ($500-$2,000)
Hire an attorney for limited scope representation
Represent yourself (pro se) with help from court self-help centers
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
Process & Timeline
11. How long does a divorce take in New York?
New York has no mandatory waiting period. Uncontested divorces typically take 2-4 months from filing to final decree. Contested divorces take 6-18 months depending on complexity. High-conflict cases requiring trial can take 18-24 months or longer.
12. What are the basic steps in a New York divorce?
File divorce petition with Supreme Court
Serve spouse with divorce papers
Spouse files response (or waives service if uncontested)
Exchange financial information
Negotiate settlement or proceed to discovery
Attend mediation if required by court
Reach settlement or go to trial
Judge signs final divorce decree
13. Can we speed up the divorce process in New York?
Yes. The fastest divorces happen when both spouses agree on all terms before filing, all paperwork is completed correctly the first time, financial disclosure is complete and accurate, and neither spouse contests anything. An uncontested divorce with perfect paperwork can be finalized quickly in New York.
14. What is an uncontested divorce in New York?
An uncontested divorce means both spouses agree on all major issues: property division, debt allocation, spousal support (if any), and if you have children, custody and child support. Uncontested divorces in New York are faster, cheaper, and less stressful than contested divorces.
15. What happens if my spouse doesn't respond to the divorce papers?
If your spouse doesn't file a response within the required timeframe in New York, you can request a default judgment. The New York court will typically grant your divorce with the terms you requested in your petition. Your spouse loses the right to contest the divorce terms.
Property Division
16. How is property divided in New York divorces?
New York is a equitable distribution state. In equitable distribution states, property is divided fairly—not necessarily equally—based on various factors including marriage length, each spouse's contributions, earning capacity, and other circumstances.
17. What is considered marital property in New York?
Marital property in New York includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes homes, cars, bank accounts, retirement accounts, businesses, investments, and debts. The source of funds and how property was acquired matters in equitable distribution.
18. What is separate property in New York?
Separate property is not divided in divorce and typically includes:
Assets owned before marriage
Inheritances received by one spouse (even during marriage)
Gifts given specifically to one spouse
Personal injury settlements (pain and suffering portion)
Property acquired after legal separation
However, separate property can become marital in New York if commingled with marital funds or if the other spouse contributed to its increase in value.
19. Do I get to keep my inheritance in New York?
Generally, yes—inheritances are separate property in New York. However, if you deposited your inheritance into a joint bank account, used it to buy marital property, or your spouse helped maintain or improve inherited property, some or all of it may become marital property subject to division under New York law.
20. How are retirement accounts divided in New York?
Retirement accounts earned during marriage are marital property subject to division in New York. This includes 401(k)s, IRAs, pensions, and other retirement benefits. Division requires a Qualified Domestic Relations Order (QDRO) prepared by an attorney ($500-$2,500) to avoid taxes and penalties. The QDRO directs the plan administrator to split the account according to your New York divorce decree.
Child Custody
21. How does New York determine child custody?
New York courts use the "best interests of the child" standard. Factors considered include parents' wishes, child's wishes (if mature enough), child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all parties, ability to provide stable environment, and any history of abuse or domestic violence.
22. What's the difference between legal custody and physical custody in New York?
Legal custody is the right to make major decisions about the child's education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. New York courts consider both types of custody and may award sole or joint custody of each type depending on the child's best interests.
23. Does New York favor mothers in custody cases?
No. New York law does not favor either parent based on gender. Courts make custody decisions based solely on the child's best interests. Fathers have equal rights to custody as mothers in New York. The key factors are each parent's ability to care for the child and willingness to facilitate a relationship with the other parent.
24. At what age can a child choose which parent to live with in New York?
New York law typically doesn't specify an exact age when a child can choose. However, judges generally give more weight to a child's preference around age 12 and older. The judge may interview the child to understand their wishes, but the child's preference is just one factor—it doesn't override the best interests analysis in New York.
25. Can I move out of state with my children after divorce?
Relocation with children after divorce is regulated by New York law. Most states require advance written notice to the other parent (often 60 days) before relocating a significant distance. The other parent can object, and the court will hold a hearing to determine if the move is in the child's best interest. Check New York's specific relocation statutes before planning any move.
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Divorce doesn’t have to cost as much as a car.
Child Support
26. How is child support calculated in New York?
New York uses guidelines considering both parents' incomes, number of children, health insurance costs, childcare expenses, and parenting time allocation. New York provides a child support calculator (often available online) to estimate payments, but courts can deviate from guidelines if circumstances warrant.
27. Does child support end at age 18 in New York?
Child support obligations in New York typically continue until the child turns 18 and graduates from high school, whichever comes later. Support may extend longer if the child is disabled or still in high school past age 18 (usually not past age 19). Check New York's specific age of majority and emancipation rules.
28. Can child support be modified in New York?
Yes, if there's been a substantial change in circumstances since the last order. Examples include significant income changes for either parent, changes in parenting time, changes in health insurance or childcare costs, or the child's needs have changed. You must file a motion to modify in New York court and demonstrate the change justifies modification.
29. What if my ex doesn't pay child support in New York?
New York's child support enforcement agency can help collect unpaid support through income withholding, tax refund interception, license suspension, contempt of court proceedings, credit bureau reporting, and other enforcement mechanisms. You can also file your own contempt motion in New York court.
30. Do I still pay child support with 50/50 custody in New York?
Maybe. Even with equal parenting time in New York, the parent with higher income typically pays some child support because calculations consider both income disparity and parenting time. However, with true 50/50 time-sharing and similar incomes, support payments may be minimal or neither parent pays.
Spousal Support
31. How does New York determine spousal support (alimony)?
New York courts consider multiple factors including income and earning ability of each spouse, age and health, duration of marriage, standard of living during marriage, education and employability, contributions as homemaker, and other relevant circumstances. Not all divorces result in spousal support—it depends on the specific situation.
32. How long does spousal support last in New York?
Duration depends on circumstances in New York. Short marriages (under 5 years) rarely result in long-term support. Longer marriages may result in support for several years or indefinitely. Common types include rehabilitative support (temporary while recipient gets training), transitional support (adjustment period), and permanent support (rare, usually very long marriages).
33. Can spousal support be modified in New York?
New York typically allows modification of spousal support if there's been a substantial change in circumstances like job loss, retirement, remarriage, cohabitation, or significant income change. Check if your New York decree states support is "modifiable" or "non-modifiable"—non-modifiable support cannot be changed except by mutual agreement.
34. Does spousal support end if my ex remarries in New York?
Typically, yes—unless your New York decree specifically states otherwise. Most spousal support orders automatically terminate when the recipient remarries. However, orders don't always terminate for cohabitation—check your specific decree language and New York law.
35. Are spousal support payments tax deductible in New York?
No, not for divorces finalized after December 31, 2018. This is federal tax law affecting all states including New York. For divorces finalized before January 1, 2019, spousal support is tax deductible for the payer and taxable income for the recipient.
Legal Representation
36. Do I need a lawyer to get divorced in New York?
No, New York allows self-representation. However, consider an attorney if your spouse has one, you have significant assets or debts, you own a business, there are contested custody issues, there's domestic violence history, you suspect hidden assets, or your spouse is being unreasonable. Simple uncontested divorces often work well with online service assistance.
37. What is limited scope representation in New York?
Limited scope representation (unbundled services) means hiring a New York attorney for specific tasks only, rather than full representation. Examples include reviewing documents, consulting on strategy, appearing at one hearing, or drafting settlement agreements. This saves money while getting professional help on crucial issues.
38. How do I find a good divorce attorney in New York?
Contact the New York State Bar Association for referrals, ask friends/family for recommendations, check attorney websites for family law experience, read online reviews (with caution), and schedule consultations with 2-3 attorneys before choosing. Ask about fees, experience with your issues, and communication style.
39. Can I change attorneys during my divorce in New York?
Yes. You have the right to change attorneys in New York at any time. You'll need to notify your current attorney in writing, file a notice of substitution of counsel with the court, and potentially pay your former attorney for work already completed. Changing attorneys mid-case can cause delays and increase costs.
40. What should I bring to my first attorney consultation in New York?
Bring marriage certificate, prenuptial agreement (if any), list of all assets and debts, recent pay stubs and tax returns, information about children, any existing court orders, timeline of marriage events, and questions you want answered. Being organized makes the consultation more productive.
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Special Situations
41. What if my spouse is hiding assets in New York?
New York requires full financial disclosure under oath. If you suspect hidden assets, request formal discovery (interrogatories, document requests), subpoena financial records, hire a forensic accountant ($3,000-$15,000), and review unusual transfers or withdrawals. New York courts penalize spouses who hide assets severely.
42. How does domestic violence affect New York divorces?
Domestic violence significantly impacts custody and support decisions in New York. The court considers any history of abuse when determining custody, often creating a presumption against the abuser having custody. Protection orders can be requested during New York divorce proceedings for safety.
43. What if my spouse refuses to sign divorce papers in New York?
Your spouse cannot prevent divorce in New York. If they refuse to cooperate, have them served by sheriff or process server, request default judgment if they don't respond, or proceed with contested divorce if they respond but won't cooperate. New York is a no-fault state—you don't need spouse's permission to divorce.
44. Can I get an annulment instead of divorce in New York?
New York allows annulments in limited circumstances proving the marriage was never valid: bigamy, underage marriage without consent, mental incompetence, fraud, or force/duress. Annulment is much harder to obtain than divorce in New York and doesn't solve property/support issues differently.
45. What about military divorces in New York?
Military divorces in New York follow state law with federal protections. Servicemember's Civil Relief Act (SCRA) may delay proceedings if spouse is deployed. Military retirement benefits earned during marriage are divisible under New York law. Consider consulting an attorney experienced in military divorces in New York.
After Divorce
46. When is my divorce final in New York?
Your New York divorce is final when the judge signs the divorce decree and it's filed with the court. You'll receive a stamped copy of the final decree. This is usually several weeks after your final hearing. You're not legally divorced until you have this final New York decree.
47. What do I need to do after my New York divorce is final?
Get certified copies of decree, change name on driver's license and Social Security card, update estate planning documents and beneficiaries, divide retirement accounts via QDRO, transfer property titles as ordered in your New York decree, change health and other insurance, open separate bank accounts, and establish credit in your own name.
48. Can I appeal my New York divorce decree?
Yes, but appeals are difficult and expensive. You must file Notice of Appeal within 30 days of the final New York decree. Appeals typically only succeed if the judge made legal error in applying New York law, the decision was against manifest weight of evidence, or the judge abused discretion. Consult an appellate attorney.
49. What if my ex violates the New York divorce decree?
You can file a motion for contempt of court in New York. The court can enforce the decree through fines, makeup time, attorney fees paid by violating party, modification of custody/support, or jail time for repeated violations. Document all violations with dates and specifics.
50. Can we modify our New York divorce decree later?
Some provisions can be modified under New York law, others cannot. Child custody and support can be modified if substantial change in circumstances. Spousal support can be modified if decree says "modifiable." Property division and debt allocation are final once decree signed in New York. You must file a post-decree motion to modify.
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Still Have Questions?
This FAQ covers the most common questions, but every New York divorce is unique. If you need personalized guidance:
Free Resources:
New York State Bar Association
County court self-help centers
New York Legal Aid Services
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Disclaimer: This FAQ provides general information about New York divorce law but is not legal advice. Laws change, and every situation is unique. Consult with a qualified New York family law attorney about your specific circumstances.
Last Updated: February 2026
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