New York Filing for Divorce

Filing for divorce in New York requires careful attention to both legal requirements and court procedures. Whether the divorce is uncontested or contested, the process begins by meeting specific residency rules, choosing grounds for divorce, and submitting the correct forms to the appropriate county clerk’s office.

Residency Requirements for Divorce in New York

Before filing for divorce in New York, the residency requirement must be met. A divorce case can proceed if at least one of the following conditions applies:

• Either spouse has lived in New York for at least two consecutive years before filing.
• Both spouses currently live in New York, and the grounds for divorce occurred within the state.
• Either spouse has lived in New York for at least one year, and one of the following is true:

• The couple was married in New York.
• The couple lived together in New York after marriage.
• The grounds for divorce happened in New York.

These residency rules are critical for ensuring the New York Supreme Court accepts the case.

Grounds for Divorce in New York

New York allows both no-fault and fault-based divorces. The most common no-fault ground is irretrievable breakdown of the marriage for at least six months. No proof of wrongdoing is needed, but all divorce-related issues must be resolved before finalization, including property division, child support, and spousal maintenance.

Steps to File for Divorce in New York

1. Prepare the Required Forms

Filing for divorce begins with preparing the following forms:

• Summons with Notice or Summons and Complaint
• Notice of Automatic Orders (restrictions on property and insurance changes during the case)
• Notice Concerning Health Care Coverage
• Settlement Agreement, if available (this outlines asset division, support, and custody)

These documents must be properly signed and notarized.

2. File the Documents with the County Clerk

File the paperwork at the County Clerk’s Office in the county where either spouse resides. Some counties allow electronic filing through the New York State Courts Electronic Filing System (NYSCEF). Check the e-filing county list to confirm availability.

3. Pay the Filing Fee

If the filer cannot afford the fees, a fee waiver may be requested from the court.

4. Serve the Divorce Papers

After filing, the divorce papers must be personally served to the spouse (the defendant). Service must occur within 120 days of filing. Service cannot be done by the plaintiff; it must be completed by someone over 18 years old who is not involved in the case.

If the defendant cannot be located, the court may approve alternative service, such as publishing a notice in a newspaper.

5. Defendant’s Response

The defendant can:

• Agree by signing an Affidavit of Defendant, making the case uncontested.
• Ignore the papers, resulting in a default divorce after 40 days.
• File an Answer, disputing the claims, which makes the divorce contested.

6. Complete the Remaining Forms

Once the defendant responds or defaults, the following forms may need to be filed to place the case on the court calendar:

• Note of Issue
• Request for Judicial Intervention (RJI)
• Affidavit of Service
• Certificate of Dissolution of Marriage
• Child support and custody worksheets (if children are involved)

For uncontested divorces without children under 21, the DIY Uncontested Divorce Program is available online to help generate the remaining documents.

7. Court Review and Judgment

A judge will review the submitted paperwork. If all forms are correct and there are no disputes, the judge will sign a Judgment of Divorce. The final judgment must be filed with the County Clerk’s Office. A copy must be served to the defendant, and an Affidavit of Service must be completed again to prove delivery.

Settlement Agreements in Divorce

A settlement agreement can speed up the divorce process by resolving issues in advance, including:

• Division of property and debts
• Spousal support (maintenance)
• Child custody and visitation
• Child support

Once signed, the agreement becomes part of the court file and may be incorporated into the divorce judgment.

Uncontested Divorce and the DIY Program

New York offers a DIY Uncontested Divorce Program for couples without children under 21 who agree on all divorce terms. This program helps prepare the necessary forms without hiring an attorney.

Requirements for using the DIY program:

• The marriage has been over for at least six months.
• Both spouses agree on asset division, custody (if applicable), and support.

For additional resources, visit the New York Unified Court System website or check the DIY Uncontested Divorce Program for eligible cases.