New York Divorce Laws

If you're facing a divorce in New York, it pays to do your homework. Whether you plan to hire a lawyer or get a do-it-yourself divorce, you're going to have to make some decisions, and you should know what to expect. So the more you can familiarize yourself with New York divorce laws, the further ahead of the game you'll be.

New York Laws on Qualifying for Divorce

New York has two basic requirements that you must meet in order to get a divorce in the state: a legally accepted reason for ending your marriage, and a residency requirement.

Grounds for Divorce in New York

To begin a divorce case in New York, you must have one of the legally acceptable reasons, or "grounds, for ending your marriage. New York has both "fault" and "no-fault" grounds. Fault grounds come into play when you're accusing your spouse of wrongdoing, such as adultery, mental or physical cruelty, or desertion. With no-fault grounds, neither spouse is blaming the other for the collapse of the marriage.

New York law provides three no-fault grounds:

• The spouses have lived separate and apart under a court-ordered legal separation judgment for at least one year, and the spouse who files for divorce (the "plaintiff") has met all the conditions in the judgment.
• The spouses have lived separate and apart for at least a year with a written, signed separation agreement, and the plaintiff has met the agreement's conditions.
• One spouse states under oath that the marriage has "broken down irretrievably" for at least six months.

In New York, a judge may not grant a divorce based on the marriage's breakdown unless all of the issues in the divorce have been resolved, either by the judge or the spouses themselves, in a marital settlement agreement. (N.Y. Dom. Rel. Law § 170 (2025).)

Because your spouse is likely to dispute claims of misconduct when you choose one of the fault-based divorce grounds, you're almost always better off filing for a no-fault divorce if you want to avoid an unnecessary (and costly) legal battle.

Residency Requirement for a New York Divorce

Before you can file for divorce in New York, you must meet at least one of the following criteria:

• You and your spouse were married in New York or resided there as a married couple, and at least one of you has been a resident of the state for a continuous period of one year immediately before the filing date.
• Either you or your spouse has continuously been a resident of the state for at least two years just before the divorce begins.
• The cause (ground) for divorce happened in New York, and you or your spouse has been a resident of the state continuously for a year just before the filing date.
• The ground for divorce happened in New York, and both you and your spouse are residents of the state when you start the divorce process.

(N.Y. Dom. Rel. Law § 230 (2025).)

How to File for Divorce in New York

The New York Courts website provides an overview of the divorce process, as well as most of the forms you'll need to move forward. If you're filing for an uncontested joint divorce (more on that below), you can download those forms, along with complete instructions for completing and filing the documents, from the court's Uncontested Joint Divorce Forms page. There are separate packets of forms depending on whether you have children.

Even when you're filing for an uncontested joint divorce, one spouse will be identified as the plaintiff, and the other will be the defendant. In other cases, the spouse who starts the divorce process will complete and file the forms as the plaintiff.

When you've completed the forms and signed them in the presence of a notary, make at least two copies and bring them to the county clerk's office in the county where either you or your spouse lives. (N.Y. C.P.L.R. § 503(a) (2025).)

You'll need to purchase an index number, which will go on all the documents. You'll also need to pay a fee (now or later) for the Notice of Issue and Request for Judicial Intervention. (More below on those fees.)

Some counties may have additional procedures and requirements, so be sure to ask the county clerk about anything else you need to do.

The Cost of Filing for Divorce in New York

When you submit your divorce papers to the court, you have to pay various fees. The total fees are at least $335 (as of 2025, but always subject to change).

If you can't afford to pay the filing fees, you can submit a request for a fee waiver. Based on the information you provide about your income, assets, and debts, the court will determine whether you qualify. Information necessary for a waiver may vary by county, so ask your county clerk's office about the local requirements.

Overview of the Divorce Process in New York

After you've filed your initial divorce papers, the process of getting a final divorce in New York depends in large part on whether your case is contested or uncontested, as well as local rules.

Uncontested Divorces in New York

In an uncontested divorce, the spouses have already agreed on all the issues involved in ending their marriage by the time they file for divorce, including:

• how they'll divide their marital property and debts
• whether one spouse will pay alimony (known as "spousal maintenance" in New York) and if so, how much and for how long, and
• if they have minor children together, their arrangements for child custody, visitation, and child support.

With a comprehensive settlement agreement at the start of the process, the divorce will be relatively easy and quick. (You'll also have the option of using an online divorce service, which will supply and complete the forms for you.) You'll submit your agreement with your initial divorce papers and ask the judge to include it in your final divorce judgment.

If you're having trouble agreeing about any or all of the issues involved in ending your marriage, divorce mediation may help.

Here are the next steps for uncontested divorces:

• When you've filed for an uncontested joint divorce, you won't need to submit any additional forms after filing your initial paperwork. In some counties, the county clerk's office will forward the paperwork to the judge assigned to your case. In other counties, you'll need to take the documents to the Supreme Court.
• With other uncontested divorces, you'll need to include a signed and notarized copy of your spouse's "Affidavit of Defendant" along with the other divorce papers. Then you'll place your case on the court's calendar, which may involve filing additional forms.
• Depending on your county, you might not have to appear in court for a final hearing. In that case, a judge will simply review your paperwork and, if everything is in order, will sign the final divorce judgment. Check with the clerk's office to learn about the local rules for any final steps.

Contested Divorces in New York

The court will consider your divorce to be contested when you and your spouse don't agree about any issues in your case when you file for divorce.

Contested cases are much more complex than uncontested ones and involve extra steps in the process, including:

• Serving the complaint. In a contested divorce, you'll need to have someone else serve your spouse with the divorce papers. If your spouse lives in New York, any adult state resident who isn't directly involved in the divorce can hand-deliver the forms. If you haven't been able to serve your spouse personally, or if your spouse is out-of-state, New York law provides alternative methods of service, such as publishing a notice in a local paper. Ask the court clerk for details. (N.Y. C.P.L.R. §§ 306-B, 308, 315 (2025).)
• Answering the complaint. The defendant has 20 days to respond after being served with the divorce papers in New York (or 30 days if served out of state). (N.Y. C.P.L.R. § 320(a) (2025).)

There are also additional forms in contested cases, including financial disclosure statements. These documents require you to provide a great deal of data about your income and assets. You must be thorough and honest when completing them. You could face penalties (including fines and possible jail time) if you hide assets or don't disclose all of your financial accounts, debts, or other assets.

Even in divorces that begin as contested cases, most couples eventually reach a settlement agreement at some point during the divorce process, usually with the help of their lawyers, a mediator, or both. (In fact, New York now requires "alternative dispute resolution," such as mediation, in contested divorces.)

If spouses don't settle all their issues, they'll have to go to trial to have a judge make the final decision on unresolved matters.

Some disputes are more difficult to resolve than others. Without an agreement, New York law will guide judges in their decisions on these issues:

• Child support. This is usually the easiest issue to resolve, because New York law has guidelines for calculating child support, which is largely based on the spouses' income and the amount of time a child will spend with each parent.
• Child custody. Parents often find it more difficult to agree about custody and visitation, in part because these issues can be so emotionally charged. Settlement can be further complicated by any allegations—or documented history—of spousal or child abuse (domestic violence) by either parent. The bottom line is that New York child custody laws require judges to make sure that custody and visitation agreements and orders are in the best interests of the children.
• Property and debts. New York law requires an "equitable division" of your marital property and debts. That means that the judge will decide what's fair under the circumstances of your case. Unlike what you'd see in some "community property" states like California, equitable distribution doesn't necessarily result in a 50-50 split.
• Alimony. Unlike most other states, New York has guidelines with formulas for calculating the amounts of temporary spousal maintenance (during the divorce proceedings) and post-divorce maintenance, as well as the duration of post-divorce maintenance. However, judges may award a different amount of maintenance (or for a different length of time) if, under the circumstances of the case, it would be unjust or inappropriate to stick with the formula. (N.Y. Dom. Rel. Law § 236(B)(5-a), (6) (2025).)

You can find the state's official calculators for child support and spousal maintenance, as well as related worksheets, on the New York Courts Maintenance & Child Support Tools page.

Contested divorces tend to be very expensive. (Think legal fees.) The cost of divorce climbs as cases drag on without a settlement—and the bills are highest for couples who need a trial to resolve their issues.

How Long Does a Divorce Take in New York?

The amount of time it will take to complete your case will largely depend on the type of divorce. Obviously, an uncontested divorce will take less time than a contested one, because the spouses have resolved all their issues—so there's nothing left to fight about.

• Uncontested divorces will likely take two to three months to complete, depending on the number of judges handling divorces in your county and each judge's caseload.
• Default divorces could take somewhat longer than an uncontested divorce. If your spouse didn't respond to the divorce complaint, you must wait at least 40 days (from the date your spouse was served) to ask the court to schedule your case for a hearing on a default divorce.
• Contested divorces typically take considerably longer—from six months to a year or more—depending on the complexity of the case, how long it takes a couple to try to work out a settlement, and whether they have to go to trial.

Should You Represent Yourself in a New York Divorce?

You certainly have the right to represent yourself in your divorce. But whether you should do that is a different matter. Self-representation (known as appearing "pro se") is most practical when you have an uncontested case, or you have no minor or dependent children and very few assets. But in situations where you have custody disputes or a significant amount of property, you should strongly consider hiring an attorney. Divorce laws, as well as court rules on evidence and discovery, can be quite complicated. A qualified divorce lawyer will know the intricacies of the law, as well as the ins and outs of the court system.

Remember, you're likely going to have to live with the results of your case well after the divorce is over. If, down the road, you realize you made a mistake, there's no guarantee you'll be able to correct it. So it pays to get it right the first time.