Did you know that New York has one of the lowest
divorce rates in the United States? This could be because it is not necessarily
an easy process, as compared to other states. A helpful report and comparison
of laws, rates and filing fees can offer insight regarding divorce basics
in New York.
According to information on
FindTheBest, the annual divorce rate in New York is 7 per 1,000 residents, the second-lowest
in the country behind New Jersey, which has a rate of 6 per 1,000 residents.
Several other states also have a 7/1000 divorce rate, including Massachusetts,
Minnesota, Pennsylvania, Wisconsin and the District of Columbia. The state
with the highest divorce rate is Alaska, at 14 per 1,000 residents.
There are several factors that may influence a particular state's divorce
rate. Divorce laws, filing fees and the subsequent "ease of divorce"
in the state may influence whether married couples file for divorce. In
FindTheBest has given Alaska, as an example, an "ease of divorce"
score of 100, meaning it would be the easiest to get divorced in that
state. This score is based on the sum of divorce waiting periods required
by the state as well as filing fees. In Alaska, filing fees are listed
at $150 and the minimum total processing time is 30 days.
In comparison, New York has an "ease of divorce" score of 30,
the seventh-lowest listed. Filing fees are listed at $335, the fifth-highest
of all states, and the minimum total processing time is listed at 360 days.
Here is some more basic information regarding divorces in New York:
The state allows for judicial
separation. Also referred to as legal separation, this allows a married couple to draft an
agreement that allows them to live legally separate without dissolving the marriage.
- One or both spouses must have resided in New York for at least 12 months
to file in the state.
- There is no waiting period for a person to file for divorce in New York.
In some states, a couple must have been married for a certain amount of
time in order to file.
As of 2010, New York allows for
no-fault divorce on the basis of an "irretrievable breakdown" of the marriage,
for at least six months. Divorce may also be granted on the basis of legal
separation for at least 12 months or fault, which may include cruel and
inhuman treatment, abandonment, imprisonment or adultery.
Property division will be determined on an
equitable basis. While in some states property is considered community property
and divided 50/50 between divorcing spouses, in New York it will be divided
in what is considered a fair basis.
The determination of
spousal support (often referred to as "alimony")is conducted based on a set
list of guidelines and may include consideration of such factors as standard
of living and child custody.
Child custody will be determined based on the child's best interests and may include
taking the following factors into consideration: the child's wishes,
domestic violence (if any), each parent's living situation, the amount
of time spent with the child by each parent, and more.
Interested in learning more about divorce in New York? With extensive experience
in this complex area of law, a
New York City divorce lawyer at Eiges & Orgel, PLLC may be able to help you get the answers you
need to make informed choices about your case. Because legal issues and
complicated financial matters are involved, you may benefit from involving
a professional who can protect your interests. Call today!