New York Family and Divorce Laws: A Plain-English Guide to the Statutes That Decide Your Case

New York family and divorce laws live in two big places, the Domestic Relations Law and the Family Court Act, and they are written for lawyers and judges, not for the parent or spouse trying to understand what is about to happen to their family. This guide translates the laws that actually decide a New York family case into plain English.

Each page below covers one law: what it says, what it means in real terms, and what it controls in a divorce, a custody case, a support case, or a family offense matter. Where the law sets a number, like the child support percentages or the spousal maintenance cap, the figures are current for 2026 and noted as such, because several of them changed on March 1, 2026.

Use this page as the map. Start with the area that fits your situation, whether that is the divorce process itself, dividing property, support, custody, or safety, and follow the links into the specific law you need.

New York Divorce Laws: Grounds, Residency, and How a Case Begins

A New York divorce starts with two threshold questions: do you have a ground for divorce, and can you file here. These pages cover how a divorce is grounded, where it can be filed, and what happens automatically the moment a case begins.

• New York Grounds for Divorce (DRL § 170): the seven grounds, including no-fault and the fault grounds.
• New York No-Fault Divorce (DRL § 170(7)): ending a marriage on irretrievable breakdown.
• New York Divorce Residency Requirements (DRL § 230): the five ways to qualify to file here.
• Automatic Orders in a New York Divorce (DRL § 236(B)(2)(b)): the restraints that bind both spouses at filing.
• New York Annulment Law (DRL § 140): when a marriage can be voided instead of dissolved.
• Counsel and Expert Fees in a New York Divorce (DRL § 237): how the less-monied spouse can get fees.
• Restoring a Former Name After a New York Divorce (DRL § 240-a): resuming a former or maiden name in the judgment.

New York Property Division Laws: Equitable Distribution and Separate Property

New York divides marital property by equitable distribution, a fair division rather than an automatic even split. These pages cover how property is divided, what counts as marital versus separate, and how agreements change the rules.

• New York Equitable Distribution Law (DRL § 236(B)(5)): how marital property is divided.
• Marital vs. Separate Property in New York (DRL § 236(B)(1)): the definitions that drive most fights.
• The Equitable Distribution Factors a New York Court Weighs (DRL § 236(B)(5)(d)): the statutory factor list.
• New York Prenuptial and Postnuptial Agreement Law (DRL § 236(B)(3)): what makes an agreement hold up.

New York Spousal Maintenance Laws: The Formula, the Cap, and Duration

Spousal maintenance in New York is set by a formula with a 2026 income cap of $241,000. These pages cover how the number is calculated, how long it lasts, and the Family Court support option.

• New York Spousal Maintenance Law 2026 (DRL § 236(B)(6) & (5-a)): the formula and the $241,000 cap.
• How Long Spousal Maintenance Lasts in New York (DRL § 236(B)(6)): the advisory duration schedule.
• Spousal Support in New York Family Court (FCA § 412): support without a pending divorce.

New York Child Support Laws: The CSSA, Add-Ons, and Enforcement

New York child support runs on the Child Support Standards Act, with a 2026 combined-income cap of $193,000. These pages cover how the number is set, what gets added on, and how orders are changed and enforced.

• New York Child Support Law / CSSA 2026 (DRL § 240(1-b) & FCA § 413): the percentages and the $193,000 cap.
• Child Support Add-On Expenses in New York (FCA § 413(1)(c)): child care, health, and education.
• When Child Support Ends in New York (Age 21): why the obligation runs to 21, not 18.
• Modifying Child Support in New York (FCA § 451): the three triggers to change an order.
• Enforcing Child Support in New York (FCA § 454): willful violation and enforcement remedies.

New York Child Custody and Parenting Time Laws: Best Interests, Relocation, and Visitation

New York decides custody by the best interests of the child, with no automatic preference for either parent. These pages cover the custody standard, relocation, and the visitation rights of relatives.

• New York Child Custody Law and Best Interests (DRL § 240 / FCA § 651): legal and physical custody.
• Custody Between Parents in New York (DRL § 70): the core custody petition.
• New York Relocation and Move-Away Custody Law: what a parent must show to move with a child.
• Grandparent Visitation Rights in New York (DRL § 72): when a grandparent can petition.
• Sibling Visitation in New York (DRL § 71): a brother or sister’s right to visitation.
• Interstate Custody and the UCCJEA in New York (DRL Article 5-A): which state decides custody.

New York Family Offense and Order of Protection Laws

When a family or household member threatens your safety, New York family offense law lets you seek an order of protection. These pages cover who can file, for what, and what an order can do.

• New York Family Offense Law (FCA § 812): the qualifying acts and relationships.
• How to Get an Order of Protection in New York Family Court (FCA § 821 & § 828): filing and the temporary order.
• What an Order of Protection Can Order in New York (FCA § 842): the terms and how long it lasts.
• Family Court vs. Criminal Court Orders of Protection (CPL § 530.11): the concurrent-jurisdiction choice.
• Order of Protection in a New York Divorce (DRL § 252): protection inside a matrimonial case.

New York Paternity Laws

Paternity establishes a legal father, which opens the door to custody, visitation, and child support. These pages cover the proceeding, the acknowledgment, and genetic testing.

• New York Paternity Law (FCA Article 5): how a paternity case works.
• Acknowledgment of Paternity in New York (FCA § 516-a): the voluntary acknowledgment and the 60-day window.
• DNA / Genetic Testing in a New York Paternity Case (FCA § 532): when the court orders testing.

New York Adoption Laws

Adoption creates a permanent legal parent-child relationship. These pages cover the framework and the stepparent and second-parent paths.

• New York Adoption Law (DRL Article 7): who may adopt and how a case finalizes.
• Stepparent and Second-Parent Adoption in New York (DRL § 110 & § 111): adopting a partner’s or spouse’s child.

New York Marriage Laws

The laws that govern entering a marriage in New York. These pages cover the license and the minimum age.

• New York Marriage License Law (DRL § 13): the license requirement.
• Minimum Age to Marry in New York (DRL § 15-a): the floor is 18, effective 2021.

Talk to Cedeño Law Group About Your New York Family Law Case

These laws decide real outcomes for real families. Cedeño Law Group represents New York parents, spouses, and family members across the five boroughs, and prepares every case as if a judge will read the whole file. Call us to talk through where your situation fits.

Updated 2026. This guide reflects New York family and divorce law as in effect in 2026, with child support and maintenance figures current as of March 1, 2026. It is general information, not legal advice.