IF you live in New York, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

New York Child Support Guidelines
New York Child Support Calculator
New York Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

No-Fault or Uncontested Divorce - Minor Children
No-Fault or Uncontested Divorce - Adult Children
No-Fault or Uncontested Divorce - No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your New York divorce form preparation today.

COUNSELING

Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

New York Domestic Violence Crisis and Support Services
New York Domestic Violence Shelters and Hotlines
New York State Coalition Against Domestic Violence

SUPPORT

Support Groups

NEW YORK DIVORCE LAW RESOURCES

New York Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To get an annulment, divorce, or separation, the following residency requirements must be met:

1. If the couple was married in the state and at least one spouse has been a resident of the state for a continuous period of one year prior to filing;
2. The couple has resided in the state as husband and wife, and either party has resided in the state for a continuous period of one year prior to filing;
3. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. [Based on New York Domestic Relations Laws - Article 13 - Sections: 230]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on any of the following grounds:

1. The cruel and inhuman treatment.
2. Abandonment of the plaintiff by the defendant for a period of one or more years.
3. Imprisonment of the defendant in prison for a period of three or more consecutive years after the marriage.
4. Adultery.
5. Living separate and apart pursuant to a decree of separation for a period of one or more years.
6. Living separate and apart pursuant to a written agreement of separation, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. [Based on New York Domestic Relations Laws - Article 10 - Section: 170]

LEGAL SEPARATION: A couple may receive a judgment separating the parties from bed and board, forever, or for a limited time, for any of the following causes:

1. The cruel and inhuman treatment;
2. The abandonment of the plaintiff by the defendant;
3. Failure to support the other spouse;
4. Adultery; or
5. The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant. [Based on New York Domestic Relations Laws - Article 11 - Section: 200]

PROPERTY DISTRIBUTION: New York is an equitable distribution state, meaning that marital assets will be divided in an equitable, but not necessarily equal fashion, except where the parties have entered a prenuptial or antenuptial agreement. In determining an equitable disposition of property, the court shall consider:

1. The income and property of each party at the time of marriage, and at the time of the commencement of the action;
2. The duration of the marriage and the age and health of both parties;
3. The need of a custodial parent to occupy or own the marital residence and to use or own its household effects;
4. The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;
5. Any award of maintenance;
6. Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
7. The liquid or non-liquid character of all marital property;
8. The probable future financial circumstances of each party;
9. The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;
10. The tax consequences to each party;
11. The wasteful dissipation of assets by either spouse;
12. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
13. Any other factor which the court shall expressly find to be just and proper. [Based on New York Domestic Relations Laws - Article 13 - Section: 236]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded spousal support. In determining the amount and duration of maintenance the court shall consider:

1. The income and property of the respective parties including marital property distributed distributed in the divorce;
2. The duration of the marriage and the age and health of both parties;
3. The present and future earning capacity of both parties;
4. The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary to become self-supporting;
5. Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
6. The presence of children of the marriage in the respective homes of the parties;
7. The tax consequences to each party;
8. Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
9. The wasteful dissipation of marital property by either spouse;
10. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
11. Any other factor which the court shall expressly find to be just and proper. [Based on New York Domestic Relations Laws - Article 13 - Section: 236]

SPOUSE'S NAME: In any action dissolving a marriage, the final judgment shall contain a provision that each party may resume the use of his or her pre-marriage surname or any other former surname. [Based on New York Domestic Relations Laws - Article 13 - Section: 240-a]

CHILD CUSTODY: In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. [Based on New York Domestic Relations Laws - Article 13 - Section: 240]

CHILD SUPPORT: New York uses the "Income Shares" Model for the determination of child support. Child support may be ordered for the care, maintenance and education of any unemancipated child under the age of twenty-one years. "Child support percentage" shall mean:

1. 17% of the combined parental income for one child;
2. 25% of the combined parental income for two children;
3. 29% of the combined parental income for three children;
4. 31% of the combined parental income for four children; and
5. no less than 35% of the combined parental income for five or more children.

The court shall calculate the basic child support obligation based upon consideration of the following factors:

1. The financial resources of the custodial and non-custodial parent, and those of the child;
2. The physical and emotional health of the child and his/her special needs and aptitudes;
3. The standard of living the child would have enjoyed had the marriage or household not been dissolved;
4. The tax consequences to the parties;
5. The non-monetary contributions that the parents will make toward the care and well-being of the child;
6. The educational needs of either parent;
7. A determination that the gross income of one parent is substantially less than the other parent's gross income;
8. The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income;
9. Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent's expenses are substantially reduced as a result thereof; and
10. Any other factors the court determines are relevant in each case. [Based on New York Domestic Relations Laws - Article 13 - Section: 240]

PREMARITAL AGREEMENT: An agreement made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. Such an agreement may include (1) a contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will; (2) provision for the ownership, division or distribution of separate and marital property; (3) provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, (subject to the provisions general obligations law), and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment; and (4) provision for the custody, care, education and maintenance of any child of the parties, subject to the provisions of section two hundred forty of this article. [Based on New York Domestic Relations Laws - Article 13 - Section: 236]

You can find more divorce information in the following articles: