New York State is primarily a "fault" state while most other states are "no-fault" states. What that means is that, absent any voluntary agreement or court order of separation, one party must use one of the six grounds for divorce that is set forth in Section 170 of the New York State Domestic Relations law.
 

1.  Cruel and inhuman treatment.
2.  Abandonment for more than one year.
3.  Confinement of the defendant in prison for 3 or more years after the marriage.
4.  The commission of an act of adultery.
5. The husband and wife have lived separated and apart pursuant to a decree or judgment of separation for one or more years after the granting of such decree or judgment.
6. The husband and wife have lived separated and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proven in the form required for a deed to be recorded, for a period of more than one year.

 
If there are children involved in the divorce then of course there is going to be the issue of custody.  Furthermore, in cases of contested custody the court would appoint a lawyer known as the "law guardian" to represent the best interest of the child/children.  The parties may be required to pay for the legal services of this law guardian.
 

• One Child: Gross Income minus FICA X .17%
• Two Children: Gross Income minus FICA X .25%
• Three Children: Gross Income minus FICA X .29%
• Four Children: Gross Income minus FICA X .34%

The courts will also order child support pursuant to the Child Support Standards Act. The basic formula is gross income less FICA.  There are a number of criteria which are significant in determining the exact amount of support but this is just a rule of thumb. Other items to be considered are day care; medical insurance; uninsured medical and dental co-pays and quite possibility college education.
 
To speak with an experienced New York lawyer, contact the Law Office of Emanuel N. Mouganis.