Editing New York divorce law (section)

==Ancillary issues==

===Children===
There are three keys issues when children are involved in a divorce or separation:

# '''Child custody''' - physical custody (where is the child's main residence) and legal custody (who makes decisions about the child) are the two elements of custody. Custody may be joint (shared by consent between the parties) or it may be sole as determined by agreement or by court order. Before custody is awarded the court usually undertakes various investigative steps to determine what is in the best interests of the child or children. If custody is not decided upon by consent (with the court and a court-appointed law guardian representing the child) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child (or children). The forms for filing for custody and visitation can be found online.<ref>{{Cite web |title=Custody & Visitation Forms {{!}} NYCOURTS.GOV |url=https://ww2.nycourts.gov/forms/familycourt/custodyvisitation.shtml |access-date=2023-03-15 |website=ww2.nycourts.gov}}</ref>
# '''Child visitation''' - the parent who does not have physical custody has either: a) reasonable rights of visitation, b) a specified visitation schedule, or c) is limited to supervised visitation. Only in very rare cases may the non-custodial parent be denied visitation. Usually, this is for very specific reasons such as severe substance abuse, history of domestic violence or lack of interest in the child.
# '''Child support''' - In New York the amount of [[child support]] paid by the non-custodial parent to the custodial parent is determined by the state ''Child Support Standards Act.'' Based on an [[adjusted gross income]] formula the payments are 17% for one child and 25% for two children. There are limits that can be reached for individuals with very low income below the poverty level or very high income (statutorily above $80,000 but usually over $150,000) that will allow for deviations from these percentages. Over and above monthly or weekly child support, the court is also able to award a child support "add-on" for daycare costs if the custodial parent works, educational costs for the child (usually limited to college, not private or religious elementary or high school), and medical expenses, including the cost of medical insurance.

===Property===
[[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|date=July 2010}} 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.

===Spousal support===
Today [[alimony]] is known as "maintenance" or  "spousal support." Unlike child support, there is a set formula to calculate spousal support ''[[pendente lite]]'' ("pending the litigation"), but there is no post judgment formula. A grant of spousal support depends on the facts of the case, such as the disparity between the income of the parties, the duration of the marriage, the health of the parties, and the presence of very young children. 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). Generally, it is granted for a set period of time so the other party can get back on their feet after the termination of the marriage. The length of time depends on the facts of the case as the judge sees fit to award.

===Legal fees===
When one party to a divorce is unable to afford an attorney that party is allowed to request the court to order the spouse with the greater income or assets to pay all or part of the other spouse's legal fees. These awards can be on a temporary basis at the beginning of the suit or at the end, as the judge sees fit in each case.<ref>{{Cite web |title=Counsel Fees in Divorce |url=https://suffolkdivorcelawyer.com/practices/divorce/counsel-fees-in-divorce-in-ny/ |access-date=2025-02-23 |website=Law Office of Louis L. Sternberg P.C. |language=en}}</ref>

===Name change===
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. Legally, one can change one's name at any time simply by using this newly chosen name consistently and without an intent to commit fraud. However, to give people easy "legal proof" of a name change made in connection with divorce, every divorce decree mentions the name change option and itself represents legal proof or documentation of any concomitant name change. (A parallel provision in the Domestic Relations Law (Section 15) also renders every marriage certificate legal "proof" of a name change upon marriage (if there is one).)