California vs. New York: A Tale of Two Divorce Laws

Divorce laws vary significantly across jurisdictions, even within the US. Let’s compare the approaches of California and New York:

Grounds for Divorce

California: Operates on a no-fault system. Irretrievable breakdown of the marriage is the sole ground for divorce, regardless of who is at fault.
New York: Allows both no-fault and fault-based divorces. No-fault requires a six-month separation, while fault-based grounds include adultery, cruelty, and abandonment.

Division of Assets and Debts

California: Follows a community property system, dividing all assets and debts acquired during the marriage equally, regardless of who earned or incurred them.
New York: Employs an “equitable distribution” system, where the court divides assets and debts fairly based on various factors like the length of marriage, income disparity, and contributions of each spouse.

Child Custody and Support

Both states: Prioritize the child’s best interests when determining custody and support arrangements. Factors like the child’s age, fnf go needs, and relationship with each parent are considered.
California: Child support calculations are based on a statutory formula considering both parents’ incomes.
New York: Child support guidelines exist, but judges have more discretion in determining the final amount.