New York Family Law Help | Free Divorce & Custody Call 24/7

Family Law in New York — what to do right now

Do not sign anything or agree to a custody or money arrangement under pressure first. If you were served with a divorce summons, write down the date — you generally have 20 days to respond if you were personally served in New York (30 days if served another way or outside the state) before the other side can ask for a default judgment on property, support, and custody. If you're in danger right now, call 911 — then know you can ask Family Court for a temporary order of protection the same day, often without the other person present (an ex parte order). For everything else — which court, what to file, what you're entitled to under New York's support and maintenance formulas — call 1-844-690-0555 first. The call is free and 24/7, and we'll walk you through your New York options before you make a move you can't undo. This is legal information, not legal advice, and it creates no attorney-client relationship.

The law in New York: Family Law

New York family law is split across two different courts, and that split blindsides almost everyone. A divorce — and the equitable distribution of marital property and the spousal maintenance that come with it — can ONLY be granted by the New York State Supreme Court (which, despite the name, is the general trial-level court, not the state's highest court; in New York the highest court is the Court of Appeals). Standalone custody, child support, paternity, and family-offense / order-of-protection cases run through Family Court instead. Unmarried parents use Family Court exclusively for custody and support. File in the wrong court and you can lose weeks you didn't have.

To divorce, most people now use the no-fault ground under Domestic Relations Law § 170(7): a sworn statement that the marriage has been 'irretrievably broken' for at least six months. New York was the last state in the nation to adopt true no-fault divorce, in 2010 — and the no-fault ground itself cannot be contested by the other spouse (an Appellate Division line of cases makes the sworn statement, by itself, sufficient). But you can't file at all until you satisfy one of the residency pathways in DRL § 230 (most require a year of New York residency, or two years if neither the marriage nor the grounds have any New York connection), and the court will not finalize the divorce until every economic and custody issue is resolved or settled.

Money is unusually formula-driven here. Marital property is divided by equitable distribution under DRL § 236 Part B — what's fair after weighing the statutory factors in § 236(B)(5)(d), NOT an automatic 50/50 split, which is exactly what separates New York from community-property states like California and Texas. Child support runs on the Child Support Standards Act (DRL § 240(1-b) in a Supreme Court divorce, Family Court Act § 413 in Family Court): fixed percentages of combined parental income up to a statutory cap that is adjusted for inflation every two years. Spousal maintenance follows its own guideline formula under DRL § 236(B)(6), with an advisory duration schedule tied to the length of the marriage.

For safety, Family Court Act Article 8 lets a petitioner seek a civil order of protection, and who qualifies is broad: 'members of the same family or household' under FCA § 812 covers former spouses, people with a child in common, blood relatives, and — since 2008 — people in an 'intimate relationship' who never married or lived together (dating partners can qualify). A survivor can pursue a Family Court civil order and a criminal-court order under Criminal Procedure Law § 530.12 at the same time; they are not mutually exclusive. Any qualifying order can trigger surrender of firearms, and violating an order is a separate crime (criminal contempt). To understand which path fits your facts, call 1-844-690-0555.

Key Statutes

DRL § 170(7) — no-fault divorce ground: marriage 'irretrievably broken' for at least 6 months; the ground itself cannot be contested by the other spouse.
DRL § 230 — residency pathways; usually 1 year of NY residency (2 years if neither spouse nor the grounds connect to NY) before you can file.
DRL § 236 Part B — equitable distribution of marital property (fair, not automatic 50/50) and the spousal maintenance guideline.
DRL § 240(1-b) / Family Court Act § 413 — Child Support Standards Act (CSSA) percentage formula.
Family Court Act Article 8 (§§ 812, 842) — civil family-offense petitions and orders of protection; § 812 defines who can file.

Courts & Agencies

NY State Supreme Court (Matrimonial Part) — the ONLY court that can grant a divorce, divide marital property, and award maintenance.
Family Court — custody, visitation, child support, paternity, and family-offense / orders of protection (cannot grant a divorce).
Criminal Court / County Court — prosecutes family offenses and issues CPL § 530.12 orders of protection in a criminal case.
Attorney for the Child (AFC) — court-appointed lawyer who independently represents the child in a contested custody case.
NYS Child Support Processing Center / local DSS Child Support Enforcement units — collect, disburse, and enforce support (income withholding, license suspension, tax refund intercept).

Penalties & Deadlines

Respond to a divorce summons within ~20 days if personally served in NY, or 30 days if served another way or outside the state — or risk a default judgment.
No-fault breakdown must have lasted at least 6 months before you file under DRL § 170(7).
A temporary order of protection generally lasts only until the next court date — you must return to court or it can lapse.
Final Family Court order of protection: up to 2 years, or up to 5 years on a finding of aggravating circumstances or a prior-order violation (FCA § 842).
Surrender of firearms can be required when a qualifying order of protection is issued; violating any order can be charged as criminal contempt.

The Two-Court Trap That Costs New Yorkers Months

Here's what almost no one tells you: New York runs family matters through two separate court systems, and that splits people up at the worst possible moment. Only the Supreme Court can grant a divorce and divide marital property — but if you're an unmarried parent, or you 'just' need custody, child support, or an order of protection, that's Family Court: a different building, different forms, different filing process. Every week people file the wrong petition, get bounced, and lose weeks they couldn't spare while a deadline keeps running. The two systems can even run at once in a single family — a Supreme Court divorce and a Family Court protection order side by side. Before you fill out a single petition or pay a single filing fee, call us and we'll tell you, in plain English, which court your situation actually belongs in. Call 1-844-690-0555 — free, 24/7. Information, not advice.

Likely outcomes & penalties

Every New York family case turns on its own facts, but the state's statutory formulas make some outcomes unusually predictable. Here is the realistic range under current New York law (the support and maintenance caps below took effect March 1, 2026).

Child support (CSSA, caps effective March 1, 2026)

Statutory percentages of combined parental income up to the $193,000 cap — 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more — then pro-rated by each parent's income share, plus add-ons for childcare, health insurance, and unreimbursed medical. Income above the $193,000 cap is discretionary (the court may apply the percentages, the statutory factors, or both).

Spousal maintenance (cap effective March 1, 2026)

A guideline formula applied to the payor's income up to the $241,000 cap (a lower-percentage formula applies if the payor also pays child support; the court awards the lower of the two results). Advisory duration tied to marriage length: 0–15 years runs 15–30% of the marriage length; over 15 up to 20 years, 30–40%; over 20 years, 35–50%. The schedule is advisory, not mandatory.

Property division

Equitable — fair, not automatically 50/50 — of marital property under the DRL § 236(B)(5)(d) statutory factors. Separate property (owned before the marriage, plus inheritances and gifts to one spouse) stays with its owner, though appreciation during the marriage can be partly marital. Note: an enhanced earning capacity from a professional license or degree is NO longer divisible property — the 2015 maintenance reforms ended O'Brien-style license valuation.

Orders of protection

Family Court order: up to 2 years, or up to 5 years on a finding of aggravating circumstances or a prior-order violation (FCA § 842). Criminal-court order on conviction (CPL § 530.12): up to 2 years for a violation, up to 5 years for a class A misdemeanor, up to 8 years for a felony — and the court can order firearm surrender.

Mistakes to avoid

⚠️

Filing for custody or child support in the Supreme Court when you needed Family Court — or trying to get a divorce out of Family Court, which has no power to grant one — and losing weeks getting bounced to the right building.

⚠️

Filing for divorce before you meet a DRL § 230 residency pathway, which gets the case dismissed for failure to meet the durational residency requirement.

⚠️

Ignoring a divorce summons or assuming you have plenty of time — you generally have only 20 days to respond if personally served in New York, and missing it can hand the other side a default judgment on property, support, and custody.

⚠️

Letting a temporary order of protection lapse by not returning to Family Court on the next date, leaving you unprotected just when you thought you were covered.

⚠️

Assuming New York splits everything 50/50 like a community-property state, then signing away marital property or accepting a lopsided settlement when equitable distribution might have given you far more.

How it works

Call 1-844-690-0555 — free, 24/7. No web form, no income test, no waiting room. Call any hour from anywhere in New York — Manhattan to Buffalo to Long Island to the North Country — including in Spanish. Tell us what's happening: served with a summons, a custody fight, a child-support question, or fear for your safety.

Talk to an AI assistant trained on New York family law. Our assistant explains how your specific situation works under New York law — Supreme Court vs. Family Court, the right petition, the deadline you're facing, and what the CSSA and maintenance formulas likely mean for you. For anything involving immigration, it will flag that those matters are decided under federal law before the immigration courts (EOIR) and USCIS, not the New York state courts. This is clear legal information, not legal advice, and it creates no attorney-client relationship.

Get matched with a New York family law attorney — if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a New York-licensed family law attorney, arranged through the call. There's never any pressure, and you'll always know the free resources available to you first — we are not a law firm and not a public defender's office.

Free & low-cost Family Law help in New York

If you can't afford a lawyer, New York has some of the strongest free family-law and domestic-violence help in the country. These organizations are real and independently verified — and our free call can help you figure out which one fits your county before you dial.

NYS Domestic & Sexual Violence Hotline (OPDV)

24/7 multilingual hotline at 1-800-942-6906 (text 844-997-2121), supported by the NY State Office for the Prevention of Domestic Violence — safety planning and connection to local services statewide.

Safe Horizon

The nation's largest victim-services nonprofit, with a 24-hour domestic violence hotline at 1-800-621-HOPE (4673) and court-based advocates across New York City.

Her Justice

Free legal help with divorce, custody, child support, and DV-based immigration (VAWA self-petitions, U-visas) for low-income women across New York City's five boroughs.

Sanctuary for Families

Legal representation and helplines for domestic violence and trafficking survivors, including Family Court and family-immigration matters in New York City.

The Legal Aid Society (NYC)

Free Family Court, divorce, domestic violence, and family-immigration representation across all five boroughs of New York City.

Legal Assistance of Western New York (LawNY)

Free family-law and domestic-violence help for the Rochester region, the Southern Tier, and many upstate and western New York counties outside New York City.

NY CourtHelp (Unified Court System)

The official state court self-help portal — DIY (uncontested) divorce and DV resources, plain-language guides, official court forms, and in-person CourtHelp Centers for people without lawyers.

LawHelpNY

Statewide free legal-help directory — find free family-law and DV assistance by ZIP code and county across all of New York.

FAQ — Family Law in New York

Do I file for divorce in Family Court or Supreme Court in New York?

Only the New York State Supreme Court can grant a divorce and divide your marital property — Family Court cannot. But custody, child support, paternity, and orders of protection are usually handled in Family Court, and unmarried parents use Family Court exclusively for custody and support. Many people lose weeks by filing in the wrong place. Call 1-844-690-0555 and we'll tell you, free, exactly which court your situation belongs in. Information, not advice.

How long do I have to respond after being served with divorce papers in New York?

Generally 20 days if you were personally served (handed the papers) within New York, or 30 days if you were served another way or outside the state. Miss that window and the other side can ask the court for a default judgment on property, support, and custody without your input. Don't guess at the date — call 1-844-690-0555 and we'll help you understand the clock you're on. Information, not advice.

Is New York a 50/50 divorce state? Who gets the house?

No. New York is an equitable-distribution state, which means marital property is split by what's fair after the court weighs the statutory factors — not automatically down the middle like a community-property state. The marital home may be marital property even if the deed is in one name, and separate property can have a marital share if it grew in value during the marriage. Call 1-844-690-0555 to understand how this applies to your situation.

How much is child support for two kids in New York?

Under the Child Support Standards Act, the guideline is 25% of combined parental income for two children, applied up to the $193,000 cap (effective March 1, 2026) and then pro-rated by each parent's share — plus add-ons for childcare, health insurance, and unreimbursed medical costs. It's 17% for one child and 29% for three. Call 1-844-690-0555 and we'll walk you through how the formula likely applies to you.

How long do I have to be separated to get divorced in New York?

You don't have to be separated at all to use the no-fault ground — you just swear the marriage has been irretrievably broken for at least six months (DRL § 170(7)). The older one-year separation grounds still exist, but most people no longer need them. Call 1-844-690-0555 and we'll explain which ground fits your circumstances, for free.

Can my spouse stop me from getting a no-fault divorce in New York?

No. New York's no-fault ground itself cannot be contested by the other spouse — your sworn statement that the marriage has been irretrievably broken for six months is enough. Your spouse can still fight over money, property, and custody, and the divorce won't finalize until those are resolved, but they can't keep you married. Call 1-844-690-0555 to understand what happens next in your case.

How do I get an order of protection in New York?

You can file a family-offense petition in Family Court and ask for a temporary order of protection — often the same day, sometimes without the other person present (an ex parte order). You can also pursue a criminal-court order (CPL § 530.12) at the same time; the two paths aren't mutually exclusive. Who qualifies is broad, covering former spouses, co-parents, and even dating partners. If you're in danger now, call 911, then call 1-844-690-0555 to understand your options.

Can I get an order of protection against a boyfriend or girlfriend I never lived with?

Often yes. New York's Family Court Act § 812 covers 'members of the same family or household,' which since 2008 expressly includes people in an 'intimate relationship' who never married and never lived together. That's broader than many states. Call 1-844-690-0555 and we'll help you understand whether your situation likely qualifies for a Family Court order. Information, not advice.

How long does an order of protection last in New York?

A final Family Court order can last up to 2 years, or up to 5 years if the court finds aggravating circumstances or a prior-order violation (FCA § 842). A criminal-court order on conviction (CPL § 530.12) can run up to 2, 5, or 8 years depending on the offense level. A temporary order, though, generally only lasts until your next court date, so you have to keep returning to court. Call 1-844-690-0555 to understand your timeline.

How much spousal maintenance (alimony) will I pay or receive in a New York divorce?

New York calls it spousal maintenance and uses a guideline formula on the payor's income up to the $241,000 cap (effective March 1, 2026), with a lower-percentage formula if you also pay child support. The advisory duration runs from 15–30% of the marriage's length for shorter marriages up to 35–50% for marriages over 20 years, though that schedule is advisory, not mandatory. Call 1-844-690-0555 and we'll explain how the numbers may apply to you.

Are You a New York Family Law Attorney? Join Our Network.

We send frightened, ready-to-act New Yorkers — facing divorce, custody fights, child-support disputes, and orders of protection — to vetted family law attorneys across the state, from New York City and Long Island to Buffalo, Rochester, Syracuse, and Albany. If you're admitted to practice in New York and want qualified family-law referrals, we'd like to talk. This is a referral relationship for clients who've chosen to speak with a lawyer — it never competes with the free help we give callers first. We are not a law firm and do not provide legal representation ourselves.

For Attorneys →

Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Divorce, Custody, or an Order of Protection in New York? Get Answers Before You Sign Anything.