Before 2010, couples in New York State had to prove that the other party was at fault in order to divorce. The main grounds for divorce are:

1. One party was abused by the other party, including mental or physical abuse. Such as physical abuse or verbal abuse.

2. Abandonment means that one party has been away from home for more than one year, or one party of the couple has forcibly excluded the other party from the house for more than one year, or one party of the couple has refused to have sex for more than one year.

3. Imprisonment or serving a sentence. If one party has served more than three years in prison, the other party can file for divorce.

4. Adultery, affair, and third party interference.

5. If both parties have signed a separation agreement for more than one year, they can file for divorce.

On August 16, 2010, the Governor of New York signed the law. According to the new law, in addition to being able to file for divorce if the other party is at fault, if either party believes that the marriage has been "irretrievably broken" for more than six months, they can file for divorce without proving that the other party is at fault. No-fault divorce is a supplement to fault divorce, not a substitute.

(Legal reference https://www.nysenate.gov/legislation/laws/DOM/170 )

Uncontested Divorce

Both spouses want to divorce and have no disagreement on child custody, support, spousal support, real estate, assets and other marital property.

Divorce by Agreement

Both spouses agree to divorce and reach an agreement on the distribution of property, child custody, living expenses, or spousal support, and put it in writing.

Contested Divorce Property Division, Support, Child Custody and Child Support

Both parties cannot reach an agreement on the distribution of property, child custody, living expenses, or spousal support, and need to go through the court to decide.

Declaration of invalid marriage

If the couple has been married for a short time, because of misunderstanding, or one party has used deception to get married, the deceived party can ask the court to declare the marriage invalid. The marriage declared invalid is not considered a marriage. It is not counted as the number of marriages.

Divorce by newspaper

When the spouse runs away from home and has no news, and the parties cannot find the whereabouts of the spouse through various means, they can apply to the court and file for divorce by publishing a notice in the newspaper.

Default judgment

After receiving the divorce complaint, there are generally only 20 days to reply to the other party. Whether you agree or disagree with the conditions proposed by the other party, you must notify the other party. Throwing the received complaint into the trash or ignoring it is not a solution to the problem. Because the court can make a default judgment, allowing the other party to win without a fight.

Division of property

The judge divides the property of both parties in a fair manner according to the property situation of both parties. Generally, judges consider the following factors:
1. The income and property of both parties during the marriage and at the beginning of the divorce proceedings;
2. The duration of the marriage, the age and health of both parties;
3. The loss of inheritance rights and pension rights after divorce;
4. The role of one spouse in promoting the appreciation, improvement or accumulation of the property registered in the name of the other spouse, whether it is movable or immovable property;
5. The situation of movable and immovable property in the marital property;
6. The possible economic situation of both spouses in the future;
7. Other factors that have an important fair and correct impact on the division of property.

It is not important whether the assets purchased during the marriage are in the name of one person or both parties.

Spousal support/alimony

In New York State, the court will consider all of the following circumstances when deciding on the payment of support/alimony:
1. The income or existing assets of each party, including property awarded in the division of property;
2. The duration of the marriage and the age and health of each party;
3. The potential earning capacity of each party;
4. Whether each party is able to seek help to support themselves and how long it will take;
5. Whether the ability to earn money for life has been reduced or lost;
6. With which party do children of the marriage live;
7. Tax consequences;
8. The contributions and services made by the party applying for support as a spouse, parent, earner, and housewife, as well as the help provided to the other party's career or career prospects;
9. Consumption and loss of assets;
10. Any transfer of property or request for property encumbrances (such as liens, etc.) made for unfair considerations;
11. Other considerations that the court clearly deems appropriate and fair. Spousal support is generally not required when the income of the couple is equal, or the marriage has been very short and there are no special circumstances.

Child custody and living expenses

Child custody has nothing to do with whether the parties have jobs, whether they are fathers or mothers, or how much they earn. There are many housewives who get custody. There are also many fathers who get custody.

New York

State uses the percentage of each spouse's income in the total income to determine the living expenses of the children. Multiply this percentage by the cost of raising the children to calculate the child support that each parent should pay. When a divorce case involves minor children, the court will consider the best interests of the children. If the couple cannot reach an agreement on the issue of child custody, the court will make a ruling on the child's custody at its discretion. The following are factors that the court must consider when determining custody obligations:
1. The economic status of the custodial party and the non-custodial party;
2. The child's physical and mental health and personal hobbies and interests;
3. The living standard enjoyed by the child during the marriage;
4. The non-monetary contributions and care of the parents for the healthy growth of the child;
5. Whether there is a large gap in the net income of the parents;
6. Other factors that have an important impact on child custody.

(Legal references https://www.nysenate.gov/legislation/laws/DOM/236
https://www.nysenate.gov/legislation/laws/DOM/240 )