Offices in Virginia, Maryland,
New Jersey, India and Colombia

New York Supreme Court Divorce

The Supreme Court of the State of New York exclusively handles divorce cases across the state. A judge from the Supreme Court has the sole authority to grant a legal divorce. It is crucial to approach the Supreme Court within the county where either you or your spouse currently resides; Family Court cannot grant divorces.

To initiate a divorce process in New York State, the following requirements must be met:

  • Residency: You must be a resident of New York State for a minimum of six months.
  • Marriage Duration: The marriage should have lasted for at least one year.
  • Grounds for Divorce: Valid reasons for divorce are essential.

These include:

  1. Irretrievable breakdown of the marriage for at least six months.
  2. Cruel and inhuman treatment.
  3. Abandonment.
  4. Imprisonment.
  5. Adultery.
  6. Divorce after a legal separation agreement.
  7. Divorce after a judgment of separation.

Once these prerequisites are satisfied, you can file for divorce by submitting the necessary documents to the County Clerk’s Office in your or your spouse’s residing county. These documents include:

  • Summons with Notice or Summons and Verified Complaint.
  • Notice of Automatic Orders regarding Health Care Coverage Continuation.
  • Settlement Agreement (if applicable).
  • Following document submission, the court will schedule a hearing to address unresolved matters before granting the divorce. In the absence of outstanding issues, the court will finalize the divorce.

The duration of the divorce process varies from a few months to a year in New York State, contingent on case complexity. The process could expedite if you and your spouse agree on divorce terms. Conversely, disputes over terms could prolong the process.

Key Steps in the Divorce Process in New York State:

  1. Document Filing: Initiate the divorce by filing the required papers.
  2. Serving Papers: Officially deliver the divorce papers to your spouse.
  3. Hearing Attendance: Attend a hearing if any issues necessitate resolution.
  4. Term Agreement: Reach an accord on divorce terms.
  5. Filing Judgment: File the divorce judgment with the court.
  6. Certified Copy: Obtain an authorized copy of the divorce judgment.

For those contemplating divorce in New York State, consulting an experienced divorce attorney is invaluable. Expert guidance assists in comprehending the process and your legal rights. To book an initial consultation, reach out to The Law Offices of SRIS.P.C., instantly.

Child Support During Divorce in New York: Guidelines and Procedures

Child support throughout divorce proceedings in New York adheres to the guidelines of the state’s Supreme Court. These guidelines prioritize the child’s financial stability and well-being, ensuring consistent and equitable support arrangements while considering various factors affecting their upbringing.

Child Support Calculation:

In New York, the “Income Shares” model predominantly determines child support. This model integrates both parents’ incomes to allocate each parent’s financial obligation accurately. The court assesses a percentage of their combined earnings, distributing it based on individual income proportions.

Factors Impacting Child Support:

Several elements influence the calculation of child support payments, including:

  • Income: Evaluation of both parents’ incomes, encompassing wages, salaries, bonuses, and commissions.
  • Custody Arrangement: The number of nights spent with each parent affects calculations.
  • Childcare Expenses: Covering daycare, after-school programs, and special needs care.
  • Healthcare Costs: Encompassing insurance premiums and medical expenditures.
  • Education Fees: Incorporating tuition and other educational expenses.
  • Extracurricular Costs: Including fees for sports, arts, and other activities.
  • Uninsured Medical Charges: Covering expenses not included in insurance plans.

Child Support Determination Process:

  • Filing Petition: Either parent can initiate the process by filing a petition with the family court.
  • Financial Disclosure: Both parents must provide their financial details, comprising income, expenses, and assets.
  • Calculating Support: The court employs the Income Shares model to compute child support, using the disclosed data.
  • Deviation from Norms: The court might deviate from standard guidelines under compelling circumstances.
  • Court Order: After assessment, the court issues an order specifying payment amount and schedule.
  • Modification: Support orders can be altered due to significant changes, like income or custody modifications.

Enforcing Child Support Orders:

Ensuring child support orders are enforced is vital to meet the child’s financial needs. Non-compliance results in enforcement measures like:

  • Income Garnishment: Direct deduction from wages or income sources.
  • Asset Seizure: Court intervention to claim assets or accounts.
  • License Suspension: Revoking licenses for non-payment.
  • Tax Refund Intercept: Redirecting tax refunds to cover arrears.
  • Contempt of Court: Non-payment leading to fines or imprisonment.

In summary, child support is a vital aspect of divorce in New York, prioritizing the children’s welfare. The state’s Supreme Court guidelines provide a comprehensive framework for fair payment calculation. Transparent financial disclosure and cooperation ensure equitable support arrangements, building a secure foundation for the child’s future.


What are the residency requirements for filing for divorce in New York State?

To file for divorce in New York State, you must have been a state resident for at least 1 year. If you have been married less than 1 year, you must have been a state resident for at least 6 months.

What are the grounds for divorce in New York State?

There are seven grounds for divorce in New York State:

  • Irretrievable breakdown of the marriage for a period of at least 6 months.
  • Cruel and inhuman treatment.
  • Abandonment.
  • Imprisonment.
  • Adultery.
  • Divorce after a legal separation agreement.
  • Divorce after a judgment of separation.

What is the difference between a contested and an uncontested divorce?

In a contested divorce, the spouses disagree on one or more issues, such as custody, child support, or property division. In an uncontested divorce, the spouses agree on all of the issues.

What is a separation agreement?

A separation agreement is a written contract between spouses that outlines the terms of their separation, such as child custody, child support, and property division. A separation agreement can be used to facilitate an uncontested divorce.

Where can I get help to work out my differences outside of court?

Many organizations can help couples work out their differences outside of court. These organizations can provide mediation, counseling, and other services.

What will the judge decide in my divorce case?

If you and your spouse cannot agree on the terms of your divorce, the judge will decide the issues for you. When making these decisions, the judge will consider the factors outlined in the New York State Domestic Relations Law.

How do I get certified copies of my divorce papers?

Once your divorce is finalized, you can get certified copies of your divorce papers from the court clerk. You will need these copies for various purposes, such as changing your name or applying for a new passport.

What types of cases that are related to divorce can be heard in Family Court?

Family Court can hear cases involving child custody, child support, visitation, and alimony. Family Court can also hear cases involving domestic violence.

What is custody?

Custody refers to the legal right to make decisions about a child’s upbringing. There are two types of custody: legal custody and physical custody. Legal custody determines who can decide about a child’s education, health care, and religion. Physical custody determines with whom the child will live.

What is child support?

Child support is a payment made by one parent to the other to help support the children of the marriage. The amount of child support is determined by several factors, including the parent’s income and the children’s needs.

Related Post