In order to file a divorce in New York, either spouse must live in New York for one year if (a) the marriage took place in New York, (b) the parties lived as husband and wife in New York, (c) the grounds for the divorce occurred in New York (d) the grounds occurred in New York and both parties lived in New York when the divorce is filed. A divorce may also be filed if either spouse lives in New York for at least to years. For additional details, see DRL 232 and the article “New York Residency Requirements.”

New York has six grounds for divorce. They are (1) Cruel and inhuman treatment, (2) Abandonment for one year or more, (3) Adultery, (4) Imprisonment for three years or more, (5) Living apart pursuant to a judicial separation for one year or more, (6) Living apart pursuant to a written separation for one year or more. For additional information, see DRL 170 and the article Divorce Grounds in New York.

There are several options. Lack of support constitutes grounds for a separation action. In addition, a spouse may file a proceeding for support against his or her spouse. See DRL 200, FCA 412, and the article Grounds for a New York Separation

Yes. The court can authorize service of the divorce action by substituted service if it is shown that the location of your spouse cannot be determined. Substituted service can include service on member of your spouse’s family or service by publication in a newspaper.

Child support in New York is a percentage of the non custodial parent’s adjusted gross income. For one child, it is seventeen percent. Two children, twenty five percent, three children, twenty nine percent, four children, thirty one percent, and for five children or more children, no less than thirty five percent. For additional information, see DRL 240 or FCA 413, and the article “Child Support in New York.”

Marital property is any asset acquired by either spouse during the marriage. However, there are a few exceptions. For additional information, see DRL 236B(5) and the article “Equitable Distribution.”

No single factor will determine custody. The court will look at the overall facts and circumstances and determine what is in the best interests of the children. Some of the more significant factors are (1) which parent is the primary caretaker, (2) where the child is currently living and for how long the child has lived there, (3) the results of the forensic evaluation, (4) and the position of the law guardian. See the article on Child Custody for more information.

If the parents cannot reach an agreement on relocation, the court will permit or deny a request to relocate based on the best interests of the child.

When there is a large disparity between the spouse’s income and assets, the court may grant an award of counsel fees. See DRL 237, DRL 238, and the article “Lawyer and Expert Fees” for more information.

The court may allow one spouse to buy the other spouse out, it may order the home to be sold to a third party, or it may grant exclusive occupancy of the marital residence to one spouse.

Unlike child support, there is no set formula for maintenance. The court will determine if an award of maintenance is appropriate, and if so, will apply the eleven factors listed in Domestic Relations Law (DRL) Section 236B(6). For additional information, see the article on New York Maintenance.