New York Family Law is divided into various areas, such as divorce, child support, custody and spousal maintenance. Under New York Family Law, divorce is not an absolute right. Rather, in New York a party must prove "fault" or that they are entitled to a divorce against their spouse. New York does not recognize a divorce based on irreconcilable differences

or simply because one spouse no longer wishes to be married. If the Court determines that a party is entitled to a divorce, it can then move on to the issue of dividing the marital assets and liabilities. If the Court determines that grounds for divorce have not been established, it cannot equitably divide the marital assets and debts.

New York Family Law also address issues of support. In New York, both parents must contribute to the support of their children. The presumptively correct amount of support is calculated by a New York Family law known as the Child Support Standards Act. The Court will apply the formula contained in the Child Support Standards Act to calculate the correct amount of support. In New York, spouses are not automatically entitled to spousal support from the other. The Court will determine a party’s request based on a variety of factors, such as the requesting party’s age, health and earning ability.

New York Family Law also applies to issues of child custody and visitation. Either parent may request an order of custody or visitation, even if a divorce action has not been commenced and even if the parties have never been married. New York Family Law determines the issue of custody based upon the "best interests" of the children. In determining what type of schedule would meet the best interests of the children, the Court will consider a variety of relevant factors. Generally, marital fault is not a factor in custody determinations.