Divorce in New York
In New York, divorce is a no-fault process, meaning you don’t need to prove your spouse did anything wrong. The most common ground for divorce is the irretrievable breakdown of the marriage for at least six months. Either spouse can file for divorce as long as they meet New York's residency requirements (see below). The process begins by filing a Summons with Notice or a Summons and Verified Complaint with the Supreme Court and paying a filing fee of around $210.
Once your spouse is served with the papers, you’ll need to address issues such as property division, child custody, child support, and spousal maintenance. If the divorce is uncontested, the process can move relatively quickly. Contested divorces may take longer, especially if there are disputes over finances or parenting.
Do I need my spouse’s agreement to get a divorce in New York?
No. As long as you meet the legal grounds and residency rules, you can proceed without your spouse's consent.
How long does it take to finalize a divorce in New York?
The timeline varies. Uncontested divorces may be finalized in 3 to 6 months. Contested divorces can take a year or more, depending on complexity.
Can I file for divorce in New York if I just moved here?
It depends. New York has several residency requirement options, including:
- You or your spouse have lived in NY for at least 2 years, or
- You lived in NY for 1 year and were married in NY, lived here as a couple, or the grounds for divorce occurred here, or
- Both parties are residents of NY on the date of filing, and the grounds occurred in NY.
Legal Process in New York
Step 1: File Divorce Papers & Pay Fee
Start by filing a Summons with Notice or Summons and Complaint in the Supreme Court of your county and pay the $210 fee.
Step 2: Serve Your Spouse
Serve your spouse within 120 days of filing and submit an Affidavit of Service to the court.
Step 3: Resolve Financial and Family Issues
Both spouses must exchange financial information. Agree on property, custody, and support—or let the court decide.
Step 4: Final Judgment of Divorce
Once all forms are submitted and issues resolved, the court issues a Judgment of Divorce, finalizing the process.