New York Divorce Lawyer J Douglas Barics Matrimonial Attorney

Law Office of

J. Douglas Barics

New York Divorce and Family Law

NY Divorce Attorney J Douglas Barics Family Law Lawyer

356 Veterans Memorial Highway. Suite 3, Commack, NY 11725  Phone: (631) 864-2600  Email: lawyer@jdbar.com



New York Divorce & Family Law FAQ

What are the residency requirements for a New York Divorce?

What are the grounds for a New York divorce?

Are there any options open to me if I don't have grounds for a divorce?

I don't know where my spouse is? Can I still file for a divorce?

How is child support calculated in New York?

What is marital property?

What isn't marital property?

How is marital property divided under New York's equitable distribution law?

How is equitable distribution different than community property?

So what happens to marital property if I can't get a divorce?

How is spousal support in New York determined?

How is child custody determined?

What happens when one parent wants to move away from New York with a child?

What happens if I don't have enough money to pay for a lawyer?

What will happen to the marital home?

Can I appeal my judgment?



What are the residency requirements for a New York Divorce?

In order to file a divorce in New York, either spouse must live in New York for one year if (a) the marriage took place in New York, (b) the parties lived as husband and wife in New York, (c) the grounds for the divorce occurred in New York (d) the grounds occurred in New York and both parties lived in New York when the divorce is filed. A divorce may also be filed if either spouse lives in New York for at least two years. For additional details, see DRL 232 and the article "New York Residency Requirements."

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What are the grounds for a New York divorce

New York has seven grounds for divorce. They are (1) Cruel and inhuman treatment, (2) Abandonment for one year or more, (3) Adultery, (4) Imprisonment for three years or more, (5) Living apart pursuant to a judicial separation for one year or more, (6) Living apart pursuant to a written separation for one year or more, (7) Irretrievable breakdown of the marriage for six  months or more. For additional information, see DRL 170 and the article "Divorce Grounds in New York."

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Are there any options open to me if I don't have grounds for a divorce?

This is rarely a problem since 2010 when New York adopted no fault under DRL 170(7). In the rare instances where 170(7) does not apply, there are other options. Lack of support constitutes grounds for a separation action. In addition, a spouse may file a proceeding for support against his or her spouse. See DRL 200, FCA 412, and the article Grounds for a New York Separation

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I don't know where my spouse is? Can I still file for a divorce?

Yes. The court can authorize service of the divorce action by substituted service if it is shown that the location of your spouse cannot be determined. Substituted service can include service on member of your spouse's family or service by publication in a newspaper.

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How is child support calculated in New York?

Child support in New York is a percentage of the non custodial parent's adjusted gross income. For one child, it is seventeen percent. Two children, twenty five percent, three children, twenty nine percent, four children, thirty one percent, and for five children or more children, no less than thirty five percent. For additional information, see DRL 240 or FCA 413, and the article "Child Support in New York."

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What is marital property?

Marital property is any asset acquired by either spouse during the marriage. However, there are a few exceptions. For additional information, see DRL 236B(5) and the article "Equitable Distribution."

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What isn't marital property?

Gifts to one spouse, an inheritance, personal injury awards for pain and suffering, and property acquired by separate property. For details, see DRL 236B(5) and the article "Equitable Distribution."

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How is marital property divided under New York's equitable distribution law?

In New York, marital property in is divided under the theory of equitable distribution. Under equitable distribution, the court may only divide marital property when the marriage is dissolved. Each spouse receives an equitable, or "fair" share of the marital property based on the overall facts of the case, based on the thirteen factors of Domestic Relations Law (DRL) 236B(5). For further reading, see "Equitable Distribution"

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How is equitable distribution different than community property?

Under community property, both spouses have a vested right in the marital property at any time, independent of a divorce. Under equitable distribution, a non titled spouse may assert his or her claim to marital property only when the status of the marriage is changed.

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So what happens to marital property if I can't get a divorce?

The court has no authority to distribute marital property if a divorce or annulment is not granted.

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How is spousal support in New York determined?

As of 2016, there is a set formula for maintenance. The court will calculate an award of maintenance in accordance with the formula for post divorce maintenance found in Domestic Relations Law (DRL) Section 236B(6). For additional information, see the article on New York Maintenance.

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How is child custody determined?

No single factor will determine custody. The court will look at the overall facts and circumstances and determine what is in the best interests of the children. Some of the more significant factors are (1) which parent is more likely to foster a relationship with the other parent, (2) which parent is the primary caretaker, (3) where the child is currently living and for how long the child has lived there, (4) the results of any forensic evaluation, (5) and the wishes of the child as presented by the attorney for the child. See the article on Child Custody for more information.

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What happens when one parent wants to move away from New York with a child?

If the parents cannot reach an agreement on relocation, the court will permit or deny a request to relocate based on the best interests of the child.

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What happens if I don't have enough money to pay for a lawyer?

When there is a large disparity between the spouse's income and assets, the court may grant an award of counsel fees. See DRL 237, DRL 238, and the article "Lawyer and Expert Fees" for more information.

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What will happen to the marital home?

The court may allow one spouse to buy the other spouse out, it may order the home to be sold to a third party, or it may grant exclusive occupancy of the marital residence to one spouse.

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Can I appeal my judgment?


If the court made an adverse decision, you have a right to appeal once the decision is in the form of an appealable paper. However, you can't appeal anything you agreed to.


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J. Douglas Barics, Esq.

356 Veterans Memorial Highway - Suite 3

Commack, NY 11725

Phone:(631) 864-2600

Email: lawyer@jdbar.com

Website: www.jdbar.com


Copyright © 2008 - 2016 by J. Douglas Barics, Esq. All rights reserved

J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.



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