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New York recognizes seven grounds for divorce, including no fault divorce based on irretrievable breakdown for at least six months, plus fault-based grounds like cruel and inhuman treatment, abandonment, imprisonment, and adultery, and conversion-style grounds tied to separation agreements or judgments of separation.

New York follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. The court considers factors like the length of the marriage, the income and property of each spouse at the time of the marriage and at present, and the health and age of both spouses.

A contested divorce occurs when the spouses cannot agree on one or more major issues concerning their separation, such as asset division, child custody, child support, and spousal maintenance. Because the parties disagree on these matters, the court may intervene to resolve them through the New York court process.

For temporary maintenance, a statutory formula subtracts 20% of the payee’s income from 30% of the payor’s income. For post-divorce maintenance, the court considers the length of the marriage to determine the duration of payments, with longer marriages potentially leading to longer support periods.

New York recognizes several types of child custody arrangements, including sole custody, joint custody, legal custody, and physical custody. The court may also consider other arrangements such as split custody or bird’s nest custody, depending on the family’s unique circumstances and the child’s best interests, including the child’s routine and stability.