+ Can I file for divorce in New York?

As a general rule, any spouse can file for a divorce if they have continuously been a resident of New York for at least one year. However, residence does not mean the same as domicile. Parties can sometimes temporarily move out of New York for brief periods, but still be considered a resident of New York for purposes of commencing a divorce action.

+ Where do divorce actions get filed?

All actions for divorce must be commenced in Supreme Court in the county in which either of the parties resides.

+ Do I need to seek a divorce if I am looking for child or spousal support or child custody?

No. While a divorce case will certainly address child support, spousal support and child custody issues, parties do not need to commence a divorce to have a court address those concerns. A party can file a petition in the family court to address each of those issues. Family court, however, cannot issue a divorce or deal with issues concerning distribution of marital property.

+ Does New York recognize a palimony?

Palimony refers to the concept of support for a non-married partner akin to spousal support (also referred to as alimony). New York does not recognize palimony and an unmarried partner will, in most circumstances, not be entitled to support except for child support.