Despite the COVID-19 outbreak, we are still open, and will remain so. Our promise of complete customer satisfaction will never change.
Divorce Process
Filing Fees
Divorce without a lawyer
DIY-Divorce
Property Division
Division of Property
Divorce & Children
Child Custody Child Support
Property Division
Start divorce process now

Division of Property

New York is considered to be an "equitable distribution" state. This means that separate property will remain with the spouse who owns it. Separate property includes any property owned before marriage as well as gifts and inheritances. Separate property will also include gains earned on separate property and property that is acquired in exchange for separate property.

On the other hand, marital property, or property that is acquired during the marriage, is equitably divided between the two spouses based on the following criteria:

  • The contribution of spouses to obtaining said marital property - this includes the contribution of spouses serving as a homemaker
  • Income and value of spouse's property at the time of marriage and at the time of divorce
  • Probable future financial situations of each spouse
  • The length of the marriage
  • The age and overall health of both spouses
  • The sources of income and amounts of the spouses
  • Any potential loss of inheritance or pension rights that may occur once marriage is dissolved
  • Whether the property is considered as part of the maintenance
  • Needs of children who require a custodial parent to occupy the marital home
  • The types of marital property in question (i.e., liquid or non-liquid)
  • How difficult it may be to determine a spouses interest in property ownership or other investment
  • Tax consequences which may come to either party
  • Wasteful disposal of assets
  • Any noted transfer of property that may have been made in anticipation of divorce by either party
  • Other factors required to determine a fair division of property between the two spouses
Welcome to your online New York divorce guide
Qualify for divorce1
Provide your case details2
Get your papers3
File for divorce4
Customer Testimonials
Maria P.
Ontario County
Our smooth breakup allowed us to file for uncontested divorce and we just decided to arrange it as simply as possible. Online divorce seemed to be a good idea, and now I'm sure we did it right. All the papers were prepared with no issues and I'm pleased with the price. Thanks.
Review stars
Kylie G.
Fulton County
I think that all the papers related to a certain county with its own legal nuances would be prepared correctly only by a New York-based company. So that's why I used OnlineDivorceNewYork and I was really satisfied. My divorce papers were completed in a timely manner and I had no troubles with filing. That was a really smooth process and you can be confident with your filing.
Review stars
Mia J.
Wayne County
Thinking about all that paperwork thing I was preparing for the worst. Fortunately, we agreed on an online divorce! The site was easy to use and we got our completed divorce papers really quickly. We didn't have any problems with the court as well.
Review stars
Mark F.
Herkimer County
It always seemed to me that divorce must be a much more complicated process. I couldn't imagine how I would cope with that. Where do I get all those papers, how to fill them out and where to go and what to do? So, I was really glad I found onlinedivorcenewyork.com and they took care of all the paperwork and gave me clear instructions on how to file with the court. That made the whole process so much easier!
Review stars
Dan C.
Albany County
Got a first class service for a low price. Everything was ready on time, and the court approved the papers without questions. Thanks for the help!
Review stars
Ellie S.
Delaware County
Great service, affordable price, and - what's really important - clear explanations of what is happening! Thanks to those who created this site.
Review stars
Laura G.
Kings County
The staff is knowledgeable and attentive, and the help with documents preparation was excellent. Our divorce papers were ready much faster than I expected.
Review stars
Gabriel H.
Schuyler County
I completed everything really fast and with no hassle. Their support was quite helpful too. I'm pleased with the service of OnlineDivorceNewYork.
Review stars
Anthony D.
Orange County
My divorce is final now! Thanks for the preparation of all the paperwork, it was really fast and helpful for me!!
Review stars