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How Divorce Works in New York: A Step-by-Step Guide

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New York allows both contested and uncontested divorces. Here's what you need to know about the process:

Residency requirement: At least one spouse must have lived in New York for a continuous period before filing. The specific requirement depends on the grounds and where the marriage took place.

No-fault grounds: New York allows no-fault divorce based on an irretrievable breakdown of the marriage for at least 6 months.

Equitable distribution: New York is an equitable distribution state, not community property. This means marital property is divided fairly, but not necessarily 50/50.

Child custody: Courts use the best interests of the child standard, considering factors like each parent's ability to provide care and the child's existing relationships.