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Valuable Information and Resources
We’ve gathered some links we thought you’d find helpful and informative. Of course, if you still have questions about your situation, we invite you to call our offices.
Divorce Faq's
Can We Get Divorced in New York State, Even if We Didn’t Get Married in NYS?
Yes, but a divorce action may only be started in a NYS court if one of the residency requirements of Domestic Relations Law (“DRL”) Section 230 is met: DRL Section 230 states that a divorce, separation action, annulment action, or an action to declare the nullity of a void marriage, may be maintained in NY where:
- The parties were married in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
- The parties resided as a married couple in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
- The cause of action for divorce occurred in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
- The cause of action for divorce occurred in NY, and both parties are residents when the divorce action is started or
- Either party has been a NY resident for a continuous period of two years immediately before the action is started.
What is a Void Marriage?
A marriage is “absolutely” void if one of the parties is previously married to another person. The action to declare the nullity of a void marriage can be brought by the husband, wife, or the “former” spouse. An incestuous marriage is also void. A marriage is incestuous if it is between an ancestor and a descendant, a brother and sister, an aunt and a nephew, or an uncle and niece.
Does NY Have a “no-fault” Divorce?
Effective October 12, 2010, a new ground for divorce was added–irretrievable breakdown. If the spousal relationship has “broken down irretrievably” for a period of six months or more, and either party says so under oath, a court may grant a judgment of divorce provided all economic and custody issues have been resolved between the parties or by a court.
What Are the Court Fees for an Uncontested Divorce?
Currently, the fees are $210 for an index number and $125 to file a note of issue, for a total of $335.
How Long Do I Have to Answer the Divorce Summons I Was Just Served With?
In order to avoid default, quick action should be taken. If a divorce summons was served upon you personally, there is a twenty-day period in which to serve a formal response. However, the other party must wait at least forty days after service to put the case on the “uncontested” calendar.
The Courts
Manhattan
Supreme Courts
Family Court
Bronx
Supreme Court
Tel: (718) 618-1400
IDV
Bronx Hall of Justice
265 E.161 Street
Bronx, NY 10451
Family Court
Staten Island
Supreme Court
Family Court
Queens
Supreme Court
Family Court
Brooklyn
Supreme Court
Family Court
Westchester
Supreme Court
(also, WP IDV)
Tel: (914) 824-5300Yonkers IDV
100 S. Broadway
Yonkers, NY 10701
Family Court
Nassau
Supreme Court
Nassau County Matrimonial Center
400 County Seat Drive
Mineola, NY 11501Tel: (516) 571-0773
Family Court
Suffolk
Supreme Court
Tel: (631) 852-2333
400 Carleton Ave. (P.O. Box 9075)
Central Islip, NY 11722 (also IDV)Tel: (631) 853-5423
Family Court
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Family Help
Help for Children
NYC Administration for Children’s Services
NY State Office of Children and Family Services
US Department of Health and Human Services
NYS OTDA Child Support Services
Children and the Law
ABA Center on Children and the Law
Selected Parenting Guidelines*
Arizona
California
Florida
Indiana
*For informational purposes only. These are not to be construed as legal advice, nor are they guaranteed to be current, accurate, or in use by the state.
NY State Forms
Statewide Uncontested Divorce Forms
Net Worth Statement
Financial Disclosure Affidavit
NYS Child Support Standards Chart
Other Services
Legal Services, New York
Bronx Defenders
Domestic Violence
NY Office for the Prevention of DV
Legal Research Sites
NYS Statutes
NYS Bill Search
Law Library of Congress
Legal Information Institute
(Cornell University Law School)
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NY State Reports
NY State Office of Court Administration
NY State Family Court Information
NYC Family Court Locations and Information
Nassau County Family Court Home Page
Nassau County Family Court Forms
Suffolk County Family Court Locations and Information
Westchester County Family Courts Home Page
NY State Supreme Court Information
Bronx Matrimonial Support Bureau
Manhattan Supreme Court
Queens Supreme Matrimonial Office
Brooklyn Supreme Court Matrimonial Office
Richmond County Supreme Court
Suffolk Co. Civil Alternative to Litigating in Matrimonial
Matrimonial Part Westchester Supreme
The NY State Divorce Process
Matrimonial Commission Report
Standards
Professional Standards
Rules that apply to attorneys in domestic relations matters, including divorce, separation, annulment, custody, visitation, maintenance, child support, or alimony, or to enforce or modify a judgment or order in connection with any such claims, actions, or proceedings.
See: Rules for Divorce Attorneys
The NY Code of Ethics defines proper professional conduct for attorneys. “The touchstone of the client-lawyer relationship is the lawyer’s obligation to assert the client’s position under the rules of the adversary system, to maintain the client’s confidential information except in limited circumstances, and to act with loyalty during the period of the representation.”
See: Code of Ethics
Attorneys for children, formerly known as law guardians, are subject to the same ethical constraints as the attorneys for the parties in a divorce or custody proceeding.
See: Attorneys for Children
The American Psychological Association (APA) has published guidelines for psychologists performing child custody evaluations. Guidelines, which are aspirational in nature, suggest professional behaviors and practices. They are not mandatory. These guidelines give insight into the purpose of a child custody evaluation and the best professional practices for psychologist-evaluators.
See: Child Custody Evaluations
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