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New York State Laws
Updated for 2026

New York Divorce Laws

Your complete guide to divorce in New York. Uses Child Support Standards Act (CSSA) for calculations.
1-2 years
Residency Required
None
Waiting Period
Equitable
Property Division
$17,500
Average Cost

Understanding New York Divorce Law

Property Division

New York follows Equitable Distribution.
Fair Division

Grounds for Divorce

No-Fault: Irretrievable breakdown for 6+ months
Fault or No-Fault

Child Custody

Courts use best interests standard with multiple factors.
Best Interests

Child Support

Uses Child Support Standards Act (CSSA).
CSSA Guidelines

Child Custody Factors

1
Quality of home environment
2
Parental guidance and abilities
3
Mental and physical health of parents
4
Presence of domestic violence
5
Work schedules of parents
6
Childs preference (if mature)
7
Each parents willingness to foster relationship with other parent
8
Stability of each parents home
9
Substance abuse issues
10
Any other relevant factors

Spousal Maintenance

Temporary Maintenance

Pendente lite during proceedings

Post-Divorce Maintenance

After divorce finalized

Durational Maintenance

Based on marriage length

Key Statutes

DRL 170
Grounds for Divorce
Irretrievable breakdown
DRL 236B
Property Division
Equitable distribution
DRL 240
Child Custody
Best interests standard

Recent Changes

2024
Maintenance Guidelines Update
New York updated maintenance calculation formulas.

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