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 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.
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:
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.
Before you can file for divorce in New York, you must meet at least one of the following criteria:
(N.Y. Dom. Rel. Law § 230 (2025).)
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.
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.
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.
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:
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:
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:
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:
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.
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.
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.