Looking for New York’s rules on marriage, divorce, child custody, and child support? Want to find New York’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in New York, see the Resources by State section on this site.
Marriage Rules in New York
Requirements: A blood test is generally not required, but African American and Hispanic applicants are required to take a sickle cell test. You must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient mental capacity, meaning you understand what you are doing when you marry. You can marry 24 hours after your marriage license is issued, and your license is good for 60 days. For more details, check your county clerk’s office.
Common law marriage: No.
Community property: No.
Same-sex marriage: Yes.
New York Divorce Rules
Grounds for divorce: Fault or no-fault grounds are allowed, or you can base your divorce on the fact that you’ve been separated from your spouse for at least one year.
Residency requirement: At least one spouse must be a resident of New York for one year before filing for divorce.
How property is divided: Equitable division.
Child Custody Rules in New York
Child custody guidelines: New York courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements.
New York Child Support Rules
Child support guidelines: New York requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children.
Child support calculators to determine state guidelines: .www.alllaw.com/calculators/childsupport/New_York.
State child support enforcement agency: Division of Child Support Enforcement, www.newyorkchildsupport.com.
New York Courts and Other Family Law Resources
New York court information and family law forms: www.courts.state.ny.us.
Family services section of New York website: www.ocfs.state.ny.us/main.
