New York Divorce Forms and Papers
Review the IMPORTANT Requirements for Filing For a Divorce in New York
To Download our New York Divorce Forms start by clicking the image of New York to your right. There you will be able to download all of the forms and step by step guides needed to easily file for a divorce in New York. All of our Divorce documents and forms are New York family law court approved, guaranteed!
New York Divorce terms and procedures are unique, as are all state by state divorce procedures, so please be sure to review them prior to ordering your Divorce Forms
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If you meet the New York State requirements for Divorce please proceed to order your divorce documents.
New York Residency Requirements
New York imposes a two year residency period if only one spouse lives in New York at the time of filing. A one year period is imposed if: (1) the marriage took place in NY and one spouse is still a resident; or (2) both spouses resided in NY and one spouse is still a resident; or (3) grounds for divorce arose in NY. No minimum time limit is required if the spouses are both residents and the grounds arose in NY.
Grounds for Divorce In New York
The no-fault grounds for divorce in New York are:
- living separate and apart for one year under the provision of a written signed and notarized separation agreement;
- living separate and apart under the terms of a judicial separation decree(Legal Separation).
The following are some of the fault based grounds:
- imprisonment for three years or more;
- abandonment for one year;
- cruel and inhuman treatment;
- adultery.
New York Child Custody
In no case shall there be a preference based on the gender of the parent or child. In a contested situation, the court shall determine solely what is for the best interest of the child, and what will best promote his or her welfare and happiness, and make an award accordingly.
Child Support
New York has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Typically the paying spouse will contribute 17% of his or her income for one child, and up to 31% for four children. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
If you meet the New York State requirements for Divorce please proceed to order your divorce documents.
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