Divorce Laws | By the People

New York Divorce Laws

In order to get a divorce in NY, you and your spouse must have lived apart for at least one year and must have a separation agreement. Alternatively, you can file on the grounds of cruel and inhumane treatment, abandonment by your spouse for more than one year, adultery, or your spouse’s imprisonment for more than three years.


To get a divorce in NY, you must have been married in New York and one spouse must have lived in the state for at least one year, or you lived in New York as a married couple and either spouse has lived in the state for at least one year, or you or your spouse has lived in the state for at least two years.

Marital property is allocated equitably in New York, meaning that property and debts acquired during the marriage are divided between the spouses based on what is fair.

Property includes home, income, and personal possessions. The court will consider each spouse’s future circumstances, the value of the assets or business interests and the tax consequences of any other division. New York courts may order one spouse to pay alimony. The judge will determine the amount, number and duration of the payments based on the length of the marriage, each spouse’s current and future earning ability, the receiving spouse’s ability to become self-sufficient and each spouse’s contributions to the marriage.

At By The People, we only handle uncontested divorces. If your divorce is uncontested:

  1. Download and complete the divorce workbooks that pertain to your particular relationship/situation here.
  2. Call Us Now for a free consultation!