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Divorce is never easy, emotionally, financially, or legally. As an experienced Syracuse divorce attorney, I provide personalized, strategic guidance to help clients across Central New York navigate divorce with clarity and confidence. Whether you're just beginning to consider your options or are already in the process, I’m here to protect your rights and help you move forward.​​​​​​​

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Grounds for Divorce in New York​​​​​

New York is a no-fault divorce state, which means that neither spouse has to prove wrongdoing to get a divorce. You can file based on an “irretrievable breakdown” of the marriage lasting six months or more. 

 

To have a divorce granted on the ground of "irretrievable breakdown, only one spouse needs to state under oath that the marriage has been broken beyond repair for at least six months. The court does not require proof of misconduct or fault, and it will generally accept this statement as sufficient.

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For more on how no-fault divorces are handled in New York, please see our blog post titled What is a No-Fault Divorce in New York?

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Residency Requirements​

Before you file for a divorce in New York State, you must meet the residency requirements. There are a few ways to do this:​

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• Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started.​

• Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and

  • (1) you got married in New York State, or

  • (2) you lived in New York State as a married couple, or

  • (3) the grounds for your divorce happened in New York State;​​

• Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.

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Contested vs. Uncontested Divorces 

An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of their marriage. This includes division of property and debts, child custody and visitation, child support, spousal maintenance (alimony), and any other relevant matters. However, uncontested divorces require cooperation. If there's any disagreement, it could shift to a contested matter.

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In contrast, a contested divorce happens when spouses cannot agree on one or more key issues, requiring the court to intervene and make decisions. This might involve disputes over asset division, custody arrangements, or support payments. While more adversarial, contested divorces ensure that your rights are protected through formal court proceedings, which can be crucial in high-stakes situations like unequal asset distribution or child welfare concerns.

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For more information on the differences between contested and uncontested divorces and the process for each please see out blog post titled Contested vs. Uncontested Divorce in New York: Key Differences

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The Automatic Orders

In New York, when a divorce case is filed and served, a set of rules called Automatic Orders immediately go into effect. These orders are designed to preserve the status quo and prevent either spouse from making major financial or property changes while the divorce is pending. Automatic Orders generally prohibit either spouse from:​

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• Selling, transferring, or hiding property such as bank accounts, real estate, investments, or personal property, except in the normal course of business or to pay for regular household expenses

• Incurring unreasonable debts

• Changing beneficiaries on life insurance, pensions, or retirement accounts

• Removing the other spouse or children from existing health, dental, vision, or other insurance coverage

• Relocating minor children outside of the state without consent or court approval

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These rules remain in effect until the divorce is finalized or the court modifies them. Violating Automatic Orders can have serious consequences, including penalties or sanctions from the court.

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What is Involved in a Divorce?​

Divorce isn’t just about ending a marriage, it’s about untangling a life together. I work closely with clients to address the key issues that arise, including:​​

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• Equitable Distribution

  • How property is divided in a divorce is determined by the application of New York State's equitable distribution law. This involves a 3-step process:

    • Step 1:​ Identify & Classify Property

      • ​​It first must be determined whether property should be classified as marital or separate.

      • Marital property is any property acquired by either spouse during the marriage, regardless of whose name is on the title, and are considered to be assets of the marriage. Marital property includes:​​

        • Income earned by either spouse during the marriage

        • Real estate purchased while married (even if only in one spouse’s name)

        • Retirement accounts, pensions, and 401(k) contributions made during the marriage

        • Cars, furniture, and personal property bought with marital funds.

      • Marital property is subject to equitable distribution between the parties.

      • Separate property is considered the sole asset of one spouse, not subject to division in divorce. Separate property includes:

        • Assets owned by either party prior to the marriage

        • Inheritances received by one spouse (before or during the marriage)

        • Gifts made specifically to one spouse (not to the couple jointly)

        • Personal injury compensation

        • Property designated as separate in a valid prenuptial or postnuptial agreement. 

      • However, complications can arise when separate property is commingled with marital property (for example, inheritance money deposited into a joint account and used for family expenses), as it may lose its separate character and be treated as marital. 

    • Step 2: Value the Property​

      • ​Assets such as homes, retirement accounts, pensions, or businesses may need to be appraised and the assistance of financial experts in valuing certain assets may be sought.

    • Step 3: Divide Marital Property (Equitable Distribution)

      • In a New York marital property is divided under the state's equitable distribution law, whereby marital assets are divided in a way that is fair, but not always a strict 50/50 split. In making this determination, a judge may considers many factors, including:

        • ​The length of the marriage

        • The age and health of each spouse

        • The income and property each brought into the marriage

        • Each parties direct (earnings, paying bills, etc.) and indirect contributions (homemaking, raising children, supporting a spouse’s career)

        • Who has custody of the children

        • Any wasteful dissipation of marital assets

        • Any existing agreements between the parties (prenuptial or postnuptial contracts).

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For a more detailed looked at how equitable distribution is handled in New York State divorces, please see our blog post titled Understanding Property Division in New York Divorces: Equitable Distribution Explained

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• Spousal Maintenance (Alimony)

  • In New York, spousal support, also known as maintenance or alimony, is determined by statutory formulas and the specific circumstances of the marriage, focusing on both parties' incomes and the length of the marriage.

  • First, the following two calculations are preformed:

    • ​20% of the payor’s income minus 25% of the payee’s income if no child support is involved or 30% of the paying spouse’s income minus 20% of the recipient’s income if no child support is involved.

    • 40% of the combined income of both spouses, minus the payee’s income.​

  • The lower of the two results is the guideline amount, unless the court finds it unjust or inappropriate. If the resulting number is less than zero than no spousal support is payable.

  • The duration of spousal support in New York depends on the length of the marriage:

    • ​​Marriages up to 15 years: support lasts for 15–30% of the marriage length.

    • Marriages 15–20 years: support lasts for 30-40% of the marriage length.

    • Marriages over 20 years: support lasts for 35–50% of the marriage length.

  • Courts may consider a variety of factors in determining if their should be a deviation from the statutory amount of spousal support, including:​​

    • Age and Health: Physical and mental health of both spouses.

    • Earning Capacity: Present and future earning potential, including education and skills.

    • Standard of Living: The lifestyle established during the marriage.

    • Length of Marriage: Longer marriages may result in longer or higher maintenance awards.

    • Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting the other’s career.

    • Assets and Liabilities: Property division and financial resources available post-divorce.

    • Children: Custodial responsibilities or child support obligations.

    • Other Factors: Any other relevant circumstances, such as domestic violence or wasteful dissipation of assets.

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To learn more about how maintenance is determined in New York State please see our blog post titled Understanding How Maintenance Is Calculated in New York State

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• Child Custody and Parenting Time

  • In New York State, custody is divided into two types: legal custody and physical (or residential) custody, which cover different aspects of parenting rights and responsibilities.​

  • Legal Custody refers to the right to make major decisions about the child's life in areas such as education, health care, and religion. Legal custody can be ​sole, meaning that one parent has the exclusive right to make these decisions, or joint, meaning both parents share decision-making authority.​ 

  • Physical Custody, sometimes referred to as "residential custody", is where the child lives on a day-to-day basis and which parent provides the child’s primary home, and is responsible for their daily care, and supervision. Like legal custody, physical custody can be either sole or joint.

  • In New York State, custody decisions determined by application the “best interests of the child” standard. To determine what is in the best interests of the child, courts look at a range of factors to decide which arrangement will best support the child’s welfare, stability, and development. Courts are to consider the totality of the circumstances, with no one factor being automatically determinative. Some of the primary factors considered include:

    • ​​Parental Fitness and Ability, which includes each parent’s physical and mental health, ability to provide for the child’s emotional and intellectual development, and any substance abuse, domestic violence, or neglect issues that may be present

    • Stability of the Home Environment, which includes who has been the child’s primary caregiver, the quality of each parent’s home environment, and the need for stability and continuity in the child’s life.

    • Parent-Child Relationship, which includes the emotional bond between the child and each parent, the willingness of each parent to foster a positive relationship with the other parent, and evidence of alienation or attempts to undermine the other parent.

    • Parental Cooperation, which considers each parent’s ability to communicate and co-parent effectively and whether joint legal custody is realistic under the circumstances.

    • Child’s Wishes, which takes on increased weight as the child ages.

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For more details on how custody is determined in New York State please visit our Child Custody page.

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• Child Support

  • In New York, child support is calculated in accordance with the Child Support Standards Act (CSSA), which sets forth a formula based on parental income and the number of children.

  •  First, the court determines each parties adjusted gross income, which is their gross income minus certain deductions such as FICA taxes and money paid for any other children under existing child support orders. The court then adds together both parents adjusted gross income to determine a combined parental income.​ The court applies a fixed percentage of the combined parental income up to a statutory cap as follows:

    • ​1 child → 17%

    • 2 children → 25%

    • 3 children → 29%

    • 4 children → 31%

    • 5+ children → at least 35%​

  • The Court then determines each parents "pro rata share" (their percentage of the total income) with the noncustodial parent (the one the child does not primarily live with) paying their share to the custodial parent.​

  • ​​​​In addition to basic support, the court may also require parents to contribute to:​​

    • Health insurance premiums and medical expenses

    • Child care costs related to work or education

    • Educational expenses

  • Courts may deviate from the standard child support formula if the result of applying it would be unjust or inappropriate. Factors that a court may consider in making this determination include:

    • ​​The financial resources of each parent

    • The health and special needs of the child

    • The standard of living the child would have had if parents stayed together

    • The non-monetary contributions of each parent

    • Other children the parent must support.

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For more information, please see our Child Support page.

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• Pet Custody

  • Until recently, pets in New York divorce cases were divided like furniture or bank accounts, as part of equitable distribution. That changed in 2021 with the passage of an amendment to New York Domestic Relations Law § 236, which gave courts the authority to consider the best interest of the companion animal in awarding possession.

  • ​This legal shift applies only to companion animals, including dogs, cats, and other pets kept for companionship (not for commercial use or farming). This means courts can now weigh more than just ownership records. Under the new law, New York courts can evaluate a range of factors to determine where the pet will live:

    • Primary Caregiver: who feeds, walks, and takes the dog to the vet? who spends the most time with the pet?

    • Stronger Bond: emotional attachment can matter, especially if one spouse can demonstrate a closer, more consistent relationship with the pet.

    • Better Provider: stability, housing, financial resources, and daily availability to care for the dog can influence the decision.

    • Safety and Well-Being: if one party has a history of neglect, abuse, or unsafe housing, that can weigh heavily against them.

    • ​​For more on the factors that can courts can consider in determining custody of a companion animal please see our blog post Who Gets the Dog in a New York Divorce? Understanding Pet Custody Laws.

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Each divorce is unique in its own right and may have its own complications. To learn more about some of these unique situations please see our blog posts on Special Considerations in New York State Divorces Involving Children With Autism 

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How are Retirement Accounts and Pensions Divided

In New York, retirement accounts and pensions are considered marital property if they were earned or accrued during the marriage, even if the funds are not immediately accessible. The portion of the account or pension accumulated before the marriage is typically treated as separate property and is not subject to division.

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The division of retirement assets depends on the type of account:

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• Employer-sponsored plans (401(k), 403(b), pensions): These often require a Qualified Domestic Relations Order (QDRO) to legally transfer a portion of the account to the non-employee spouse. A QDRO ensures the funds are transferred without triggering taxes or early withdrawal penalties.

• Individual Retirement Accounts (IRAs) and other personal retirement accounts: These can be divided through a property settlement as part of the divorce judgment. The court may order a direct transfer or offset the value with other marital property.

• Pensions: Defined benefit pensions (which pay a set amount at retirement) and defined contribution plans (which have an account balance) may be divided based on the portion earned during the marriage. Actuarial calculations are often used to determine the marital share.

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It’s also important to note that dividing retirement accounts can involve tax consequences, timing issues, and future changes in value. For these reasons, couples typically need experienced legal and financial guidance to ensure the division is fair, enforceable, and complies with all applicable laws.

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To learn more please see our blog post titled Dividing Retirement Savings and Pensions in a New York Divorce: What You Need to Know

 

Who Gets The House?

In a New York divorce the division of the marital home is guided by the states' equitable distribution law. 

 

If the house was purchased during the marriage, it’s typically considered marital property, subject to division. If one spouse owned the house before the marriage or received it as a gift or inheritance, it may be separate property, but even so, any increase in value due to non-market conditions (additions, renovations, improvements, etc.) or contributions (like mortgage payments) during the marriage could be divisible.

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In practice, the primary options for the marital home are:

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• One Spouse Keeps It: One spouse may "buy out" the other’s share, based on the home’s appraised value and remaining mortgage.

• Sell and Split Proceeds: The couple may sell the house and divide the proceeds equitably.

• Deferred Sale: In cases involving children, the court may allow the custodial parent to stay in the home until the children reach a certain age, with the sale happening later.​

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How are Business Interests Dealt With?

In a New York divorce, business interests are subject to the state’s equitable distribution laws, meaning they are divided fairly but not necessarily equally. How a business is handled depends on its nature, ownership, and contributions during the marriage. Here’s an overview:

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• Marital vs. Separate Property: A business started or acquired during the marriage is typically considered marital property, subject to division. If one spouse owned the business before the marriage, it may be separate property, but any increase in value or contributions (e.g., time, money, or effort by either spouse) during the marriage may be divisible.​​

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• Valuation: Determining the business’s value is critical. This often requires hiring a forensic accountant or business appraiser to assess assets, revenue, liabilities, and market conditions. Valuation methods may include income-based, market-based, or asset-based approaches​​

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• Division Options:

  • Buyout: One spouse may buy out the other’s share, based on the business’s appraised value, often using other marital assets or payment plans.

  • Co-Ownership: In rare cases, spouses may agree to continue co-owning the business, though this can be complex due to ongoing personal or financial conflicts.

  • Sale: The business may be sold, with proceeds divided equitably.

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In determining how to divide business interests in a divorce, courts consider factors like each spouse’s role in the business, contributions (financial or non-financial, such as administrative work or strategic planning), the length of the marriage, and the business’s financial health. If one spouse ran the business while the other supported the household, both contributions are weighed.

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Impact on Wills and Estate Planning

In New York, a divorce can have a major impact on your will and other estate planning documents. Under New York law (EPTL § 5-1.4), a divorce automatically revokes any provisions in a will or estate plan that designate your former spouse as a beneficiary, executor, or trustee, unless the will explicitly states otherwise. This means, for inheritance purposes, your ex-spouse will generally be treated as if they had predeceased you.

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Divorce also impacts advance directives. Under EPTL § 5-1.4, any nomination of your spouse in a durable power of attorney (for financial decisions) or health care proxy (for medical decisions) is revoked upon divorce. Without an update, you might be left without a designated agent, leading to court intervention if you're incapacitated.

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To learn more please see our page on Wills, Trusts, and Estates Planning in New York and our blog post titled The Impact of Divorce on Wills and Estate Planning in New York

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How Long Does it Take to Get Divorced?​​

The ​length of a divorce matter in New York State can vary greatly depending on the particular circumstances of each case. An uncontested divorce between two parties in agreement on the issues can often be wrapped up in a few months. However, high conflict contested divorces between hostile parties or those involving high assets or contested custody can take significantly longer to resolve, from approximately 6 months to several years depending on the complexities of the case. 

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Can I Get My Ex Out of The House?​​

For married couples, the primary method of exclude an ex from the property is by obtaining an order for "exclusive use and occupancy." This is a court order that allows one spouse to remain in the marital home while requiring the other to vacate. It does not change ownership of the property but rather is a temporary arrangement during divorce or separation proceedings. The marital home is typically considered marital property if acquired during the marriage, regardless of whose name is on the title, and an order of exclusive use and occupancy does not change this.

 

These orders are not permanent and are often issued "pendente lite" (while the case is pending) motions and can last until the divorce is finalized or a specific event, like a child turning 18. Ultimately, the home may be sold, bought out by one spouse, or divided as part of the final property settlement.

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Generally, the granting of such an order is appropriate only upon a showing that the relief is necessary to protect the safety of persons or property, or one spouse has voluntarily established an alternative residence, and a return would cause domestic strife. However, courts can be hesitant to remove a spouse from the home and won't grant it without a compelling reason.

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To make their determination, New York courts weigh several factors to decide on exclusive occupancy, including:

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• Best Interests of Children: Priority may be given to the custodial parent to minimize disruption.

• Domestic Violence or Abuse: History or threats of physical/emotional harm strongly support the request.

• Financial Ability: Can you afford to maintain the home (mortgage, taxes, upkeep)? Does your ex have alternative housing?

• Overall Hardship: The impact on both parties, including financial strain from the order.

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For more information please see our blog post titled How to Get Your Ex Out of the House in New York State.

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Can I Date While Getting Divorced?

New York is a “no-fault” divorce state, which means you don’t have to prove wrongdoing, such as adultery, to get divorced. Most divorces are filed on the grounds of an “irretrievable breakdown” of the marriage. So, simply beginning a new relationship while your divorce is pending will not stop your divorce from going forward.

 

While dating itself won’t change how marital assets are divided, spending marital funds on a new partner could raise concerns. If you use joint money for gifts, trips, or living expenses with someone new, your spouse may claim “wasteful dissipation of assets.” A judge could require you to reimburse the marital estate, which may reduce your share of the property division.

 

If children are involved, dating during divorce can raise sensitive issues:​​​

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• Children’s well-being: Introducing a new partner too soon may cause stress or confusion for children who are still adjusting to the separation.

• Court perception: Judges in New York are required to make custody decisions based on the “best interests of the child.” If dating creates instability, exposes children to conflict, or causes them distress, it could negatively influence custody and parenting time decisions.

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For more insight into the potential implications of dating while your divorce is pending pleas see our blog post titled Can I Date While Getting Divorced in New York?

 

What is a Separation Agreement?​

A separation agreement is a legally binding contract between spouses who have decided to live apart but are not yet divorced. In New York, this agreement outlines each spouse’s rights and responsibilities, including matters such as division of property and debts, child custody and parenting time, child support, and spousal support.

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When properly drafted and executed, a separation agreement can serve as the foundation for a later divorce settlement. It allows spouses to resolve important issues privately and avoid extended court battles. 

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For more on separation agreements please see our blog post titled Understanding Separation Agreements in New York: What You Need to Know

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Impact on Immigration Status

​Many immigrants in the U.S. obtain legal status through marriage to a U.S. citizen or lawful permanent resident (LPR). A divorce can jeopardize these statuses, depending on the timing, the type of immigration benefit, and the circumstances of the marriage.

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For more please our blog post titled How Divorce Can Impact Immigration Status

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Contact Us Today​​​

​If you're considering divorce or have already been served with papers, I encourage you to reach out for a confidential consultation with an experienced Syracuse divorce attorney to get answers, understand your rights, and take the first step toward peace of mind.​​

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For more details on some of the most commonly asked questions regarding divorce matters in New York State please visit our Frequently Asked Questions Page

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.

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