USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
(FCA § 115 and Article 5-B) provide for the rec - ognition and enforcement/modification of for - eign divorce judgments, child custody and child support orders. 2.2 Service and Process Service Requirements The Family Court Act §427 lays out the manner of service of process for support proceedings in New York Family Courts. If the financial requests for relief are part of a divorce action in Supreme Court, then the sum - mons with notice/summons with verified com - plaint are to be served personally on the defend - ant spouse unless there is permission from the court to serve that spouse using an alternative method, or if the defendant spouse agrees to have an attorney accept service on their behalf. (Note: There may be alternative methods of ser - vice available where a NY action is being served There is no mandatory timeline and courts main - tain discretion as to the length of individual pro - ceedings, as well as the process, from the initial appearance, status and compliance conferenc - es, and through and after trial. 2.3 Division of Assets New York law applies the principles of equitable distribution, which does not necessarily mean an equal distribution of marital assets. The court will take into account 16 factors, including but not limited to: • the income and property at the time of mar - riage, and at the time of the commencement of the action; • the duration of the parties’ marriage and the age and health of both parties; in a foreign jurisdiction.) Process and Timeline
• the need of a custodial parent to occupy or own the marital residence and to use or own its household effects; • the loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution; • the loss of health insurance benefits upon dissolution of the marriage; • any award of maintenance under subdivision 6 of DRL § 236(B); • any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not hav - ing title, including joint efforts or expenditures and contributions and services as a spouse, parent, wager earner and homemaker, and to the career potential of the other party; • the liquid or non-liquid character of all marital property; • the probable future financial circumstances of each party; • the impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party; • the tax consequences to each party; • the wasteful dissipation of assets by either spouse; • any transfer or encumbrance made in con - templation of a matrimonial action without fair consideration; • whether either party has committed an act or acts of domestic violence against the other party and the nature, extent, duration and impact of such act or acts; • in awarding the possession of a compan - ion animal, the court shall consider the best interest of such animal. “Companion animal”, as used in this subparagraph, shall have the
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