Family Law

In New York, you must allege that the marriage has been irretrievably broken for at least six months before filing for divorce.

New York allows divorce only on seven statutory grounds, including irretrievable breakdown of the marriage for at least six months, cruel and inhuman treatment, abandonment for one year, imprisonment for three or more consecutive years, adultery, judgment of separation, and separation agreement.

Family Court in New York cannot grant divorces; only Supreme Court has jurisdiction over divorce cases. Family Court handles related matters like child support, custody, and orders of protection—but not the divorce itself.

Yes, you can get a divorce in New York even if your spouse refuses to cooperate — the court can grant a 'default divorce' after proper service and waiting period.

Yes, in most New York custody disputes, the court must refer the parties to mediation before trial — unless it finds mediation inappropriate.

New York divides marital property equitably—not necessarily equally—based on factors like length of marriage, income, and contributions to the marriage.

No, a professional license or degree is not marital property in New York, but the enhanced earning capacity it may produce can be considered a marital asset subject to equitable distribution.

New York is an equitable distribution state, so separate property remains with the spouse who owns it and is not divided in divorce — unless it has been commingled or transmuted into marital property.

A Qualified Domestic Relations Order (QDRO) is a court order that divides retirement benefits between spouses during divorce and must meet federal ERISA requirements to be valid in New York.

In a New York divorce, the marital home is treated as marital property and divided equitably—not necessarily equally—based on factors like length of marriage, income, contributions, and custody needs.

New York courts decide child custody based on the 'best interests of the child,' considering factors like parental fitness, stability, child’s wishes (if mature enough), and history of care.

Yes, a New York court can order joint custody even if one or both parents disagree, if it finds that joint custody is in the child’s best interests.

Yes, but only with court approval or the other parent’s written consent — moving more than 25 miles from your current residence or outside New York State is considered a 'relocation' under New York law.

Yes, grandparents in New York can petition for visitation rights, but they must prove it's in the child’s best interests and overcome the presumption that parents act in their child’s best interest.

Yes, a parent in New York can lose custody if found to have committed domestic violence, as courts must consider domestic violence as a critical factor in custody determinations.

Child support in New York generally ends at age 21, unless the child is emancipated earlier or a court orders otherwise.

Child support in New York is calculated using the Child Support Standards Act (CSSA), which applies a percentage of combined parental income up to $154,000 to determine the basic support obligation.

Yes, child support in New York can be modified if there's a substantial change in circumstances, such as a 15% income change or passage of 3 years since the order.

No, adultery does not affect property division or custody decisions in New York. Courts focus on equitable distribution and the child’s best interests—not marital misconduct.

You may be entitled to spousal support (called 'maintenance' in New York) if the court finds it appropriate based on factors like income disparity, marriage length, and each spouse’s financial circumstances.

In New York, temporary maintenance is calculated using a statutory formula that considers the income of both spouses, with adjustments for child support and tax implications.

Yes, a prenuptial agreement can be invalidated in New York if it was signed under duress, fraud, or unconscionability, or if there was inadequate financial disclosure.

Yes, you can get an order of protection against a family member in New York if they are a qualifying 'family or household member' and you meet the legal criteria for abuse or harassment.

Domestic violence in New York Family Court is defined as certain criminal acts (e.g., assault, stalking, harassment) committed by a family or household member against another, as outlined in the Family Court Act § 812.

A protection order in New York typically lasts up to two years for family court orders and up to five years for criminal court orders, but can be extended if needed.