Since 2010, a new ground has been added, effectively permitting no-fault divorce in New York state: The parties may also disagree over child support, custody, alimony, division of joint assets or who is going to pay legal fees.
The grounds in all cases must be specifically stated in the complaint, giving factual details, dates, and actual places of occurrence.
Lack of proper content is not an affirmative defense; the plaintiff must prove the allegations even if uncontroverted; proof is made according to the general rules of evidence.
Such Preliminary Conference will be scheduled if one of the parties files a "Request for Judicial Intervention" (RJI) with required fee.
If all the issues are decided between the parties they may agree to submit the papers to the court for approval; this is known as an uncontested divorce.
When the defendant is served but does not answer the legal pleadings, the plaintiff may seek a default judgment by application to the court.
There are three keys issues when children are involved in a divorce or separation: Equitable distribution is the law in New York that determines the division of property at the end of a marriage.
The court examines thirteen factors [citation needed] in determining the fair division of the property that was accumulated during the marriage and the debts of the parties.
The courts have routinely held that equal distribution is the norm except in cases of egregious misconduct, or when dealing with businesses, professional licenses, and college & advanced degrees.
In New York, spousal support is rarely granted on a permanent basis, except in cases of physical or mental disability or when the parties are elderly (about 60 years old or older).
[citation needed] According to NY Civil Rights Law Section 65, people have the right to choose, and to change, their name without government approval or involvement; thus, people who chose to change their names in connection with marriage do so according to custom, not law.