NEW YORK DIVORCE
ONLINE
.png)
Dramatization. Not an actual event.
Actor. Not an actual Judge
Divorcing with children in New York isn’t just about ending a marriage — it’s about creating a legally binding plan for custody, parenting time, and support. Judges demand precision, and even small mistakes in paperwork can cause long delays.
That’s why we handle the drafting for you. From Parenting Plans to child support worksheets, we prepare every document to meet New York’s strict standards, so your case moves forward without setbacks. Continue reading to see how New York courts handle divorce with children and why proper preparation is the key to a smooth outcome.
Divorces in New York are governed by the Domestic Relations Law (DRL). All divorces — including those with custody and support issues — are filed in the Supreme Court of the State of New York, not Family Court.
Parents can pursue either:
When children are involved, the Supreme Court has authority to decide:
At every stage, the guiding principle is the best interests of the child.
New York recognizes two forms of custody:
Custody may be joint or sole in either category. Joint legal custody is common, but even in joint arrangements, one parent is often designated as the primary residential custodian.
Parenting time (visitation) refers to the schedule of when a child spends time with each parent. This includes weekdays, weekends, holidays, school breaks, and summer vacations. Parenting Plans must be specific enough to prevent disputes.
Judges review a wide range of factors when determining custody:
Our drafting ensures that your plan is clear, balanced, and aligned with what judges expect.
A Parenting Plan (sometimes called a custody and visitation agreement) is required in every divorce with children. It should spell out:
Parents who agree may submit a joint plan for approval. If they cannot agree, each files a separate plan and the court imposes one.
Our service ensures that your Parenting Plan is drafted with the right level of detail to satisfy judicial review. This prevents unnecessary back-and-forth and keeps your case moving toward final judgment.
Even if parents share time equally, one parent is usually designated as the child’s primary residence for school enrollment and legal purposes. Under New York law, relocation more than 50 miles away typically requires either court approval or the other parent’s written consent.
We draft Parenting Plans that take residency restrictions into account, reducing the risk of future disputes or litigation.
Child support is determined under the Child Support Standards Act (CSSA). A percentage of the parents’ combined income up to a statutory cap is applied, based on the number of children:
The calculation also considers health insurance premiums, childcare costs, and extraordinary medical or educational expenses.
Even if both parents agree to waive child support, the court will not allow it unless it is clearly in the child’s best interest. Judges usually require at least the guideline amount unless strong evidence supports a deviation.
Support orders are enforceable by wage garnishment, license suspension, tax refund interception, or contempt proceedings. Judges usually issue an Income Withholding Order so payments are made through the New York State Disbursement Unit rather than directly between parents.
Orders may be modified if circumstances change substantially — for example, a job loss, disability, or increased costs of raising the child. Updated financial affidavits are required.
We draft the Child Support Worksheet and sworn financial affidavits correctly, ensuring that your numbers are accurate and acceptable to the court. This prevents delays that often occur when parents try to calculate on their own.
New York is an equitable distribution state, meaning assets and debts acquired during the marriage are divided fairly, not necessarily equally. Judges may award the custodial parent use of the marital home to maintain stability for the children.
Spousal maintenance (alimony) is also calculated under statutory formulas but may be adjusted based on parenting duties. A parent who has limited earning potential due to caregiving may receive additional support.
Some New York counties require parents to attend Parenting Education Programs, which focus on the effects of divorce on children and improving co-parenting skills. Judges may also order mediation to resolve disputes before moving to hearings.
These requirements can delay final judgment if not completed. We draft your paperwork so these steps are properly reflected and documented in your filings.
New York divorces follow a two-step structure:
Other key steps include:
Even uncontested divorces with children usually take six months or more. Contested custody cases often last a year or longer.
Parents often struggle with:
We eliminate these pain points by drafting documents that judges accept without delay.
Divorce with children in New York is more than ending a marriage — it’s about creating enforceable custody, parenting time, and support arrangements that judges must approve. The process is detailed, longer than divorces without children, and full of procedural requirements that can trip up parents who try to do it on their own.
Our service simplifies this by drafting every required document accurately and in compliance with New York law. Instead of wasting months correcting rejected paperwork, you move forward confidently, knowing that your agreements are ready for judicial approval.
Divorce is always difficult, but with the right preparation, you can close this chapter and give your children the stability they need.
.svg){kind=small}
https://www.newyorkdivorceonline.com/
Website services provided by duly licensed or qualified professional.
The URL when entering personal data on the website matchesthe domain identified as: https://www.newyorkdivorceonline.com/
The website underwent usabiliy and compatibility testingto verify that the website functions harmoniously with various computeroperating systems and different types of website browsers.
Century Legal encourages attorneys and licensed professionals to offer unbundled and/or limited representation legal services to the public. Century Legal technologies leverage the internet as a way to streamline the delivery of legal services in order to reduce costs for both the attorney and consumer. Century legal works with attorneys and other professionals who want to improve their ability to provide great services in the most efficient and effective way. By using Century Legal’s methods attorneys and licensed professionals can offer reduced rates allowing consumers professional choices. These choices protects the public from unlicensed and untrained legal service providers who prey on consumers by offering low cost services that are often inadequate for the intended legal purpose.
