New York divorce, in plain English
The words a divorce uses, each in a sentence or two. The guides linked under them carry the detail and the sources.
- Uncontested divorce
- A divorce where both spouses agree to the divorce and to every term: children, support and property. In New York it is filed in Supreme Court and usually decided on the papers, without a court appearance. How an uncontested divorce works
- Contested divorce
- A divorce where the spouses disagree on the divorce itself or on at least one term, so a judge decides. Each side usually has a lawyer billing by the hour, and it can take one to three years.
- Mediation
- A process where a neutral mediator helps both spouses reach their own agreement. The mediator does not decide anything or represent either person. With Smart Divorce NY it takes two to three video sessions.
- Mediator
- The neutral person who runs mediation. Certified mediators in New York complete formal training; they do not have to be lawyers and do not give legal advice to either spouse. About Stephen Felman
- Separation agreement
- The written contract both spouses sign that settles parenting, support and property. In an uncontested divorce it is filed with the court and becomes part of the judgment.
- Legal separation
- Living apart under a signed separation agreement without ending the marriage. In New York, a year of living apart under one is also a ground for divorce. Legal separation
- No-fault divorce
- New York’s most used ground: one spouse states under oath that the marriage has been irretrievably broken for at least six months. No wrongdoing has to be proved.
- Grounds for divorce
- The legal reasons New York accepts for a divorce. No-fault is one; the others, such as cruelty or abandonment, require proof and are rarely used in mediated divorces. Grounds for divorce in New York
- Residency requirement
- The rule that at least one spouse must have lived in New York for a set period, usually one or two years depending on where you married and lived, before a New York court can grant a divorce. Who can file in New York
- Supreme Court
- In New York, the trial court that grants divorces. Every county has one. Family Court handles custody and support between unmarried parents but cannot grant a divorce. Which court do we file in?
- Index number
- The case number the county clerk issues when a divorce is filed. Buying it is the first filing fee, $210 statewide. What the court charges
- Judgment of Divorce
- The document the judge signs that ends the marriage. Once it is signed and filed with the county clerk, the divorce is final.
- Equitable distribution
- New York’s rule for dividing marital property: fairly, considering the circumstances, which does not always mean equally. Property division in New York
- Marital property
- Almost everything either spouse acquired during the marriage, whichever name it is in: income, the house, retirement savings, a business started during the marriage.
- Separate property
- What a spouse owned before the marriage, or received during it as a gift or inheritance to them alone, and kept separate. It is not divided in the divorce.
- Child support
- The payment one parent makes to the other for the children’s costs. New York sets it by formula, the Child Support Standards Act, as a percentage of combined parental income. Child support calculator
- CSSA
- The Child Support Standards Act, New York’s child support formula: 17% of combined income for one child, 25% for two, 29% for three, 31% for four, at least 35% for five or more, up to an income cap that is adjusted every two years.
- Spousal maintenance
- What New York calls alimony: payments from the higher-earning spouse to the other, for a period that depends on the length of the marriage. Also set by a formula. Spousal maintenance calculator
- Parenting plan
- The part of the agreement that says where the children live, how time is shared on school days, weekends, holidays and summers, and how parents make decisions. Parenting plans in New York
- Legal custody
- The right to make major decisions for a child: school, medical care, religion. It can be joint or sole, separately from where the child lives.
- Physical custody
- Where the child lives. The parent the child lives with most of the time is the custodial parent and usually receives child support.
- QDRO
- Qualified Domestic Relations Order: a separate court order that tells a pension or 401(k) plan to pay part of one spouse’s account to the other. Needed to split most retirement plans; not included in the flat fee. Dividing retirement accounts
- Statement of Net Worth
- The sworn court form listing each spouse’s income, expenses, assets and debts. New York requires financial disclosure in every divorce. How to prepare for mediation
- Collaborative divorce
- A process where each spouse has a lawyer and all four agree in writing not to go to court. More structure than mediation, more cost; a step up for couples who cannot stay in one conversation. Mediation vs. collaborative divorce
- Flat fee
- One price agreed before you start. With Smart Divorce NY it covers the mediation sessions, the attorney who prepares and files the papers, and the court filing fees. Business and pension valuations and QDROs are not included. How much does mediation cost?