How to File for Divorce in New York: Requirements & Process
New York has its own rules around divorce — including residency, acceptable grounds, required documents, and court processes. Here’s a state‑specific overview of how to file in New York.
Residency & Jurisdiction
To file in New York, you must meet one of the residency conditions under New York’s Domestic Relations Law § 230 — for example:
- Spouse lived continuously in NY for 2 years before filing, or
- Marriage took place in NY and one spouse is a resident, or
- Separation occurred in NY and one spouse is a resident
If you don’t meet any condition, the court may lack jurisdiction.
Grounds for Divorce
New York allows **no‑fault divorce** based on “irretrievable breakdown” after a separation period (commonly 6 months). Fault grounds (adultery, abandonment, cruelty, etc.) are still available but less frequently used.
Key Documents & Forms
The divorce process typically begins with a **Summons and Complaint**, including details on what the filing spouse seeks (property division, support, custody). You’ll also typically include **financial disclosures**, affidavits, custody proposals, and related forms.
File the Papers & Pay Fees
Submit documents to the **Supreme Court / Family Court** in your county. Pay the applicable filing fees (which vary by county). Courts may also allow partial fee waivers depending on income and circumstances.
Serve the Spouse
The defendant spouse must be properly served with the Summons and Complaint according to New York procedural rules (e.g. personal service or by alternate means).
Negotiate or Litigate Disputes
If both parties agree, the case can proceed as uncontested. If not, issues such as support, property division, custody, and spousal maintenance must be decided through negotiation or court.
Submit Judgment Papers
After resolving issues (or having the court decide), file judgment documents or a settlement stipulation. The court signs a **Judgment of Divorce** to finalize the divorce.
Tips & Warnings
- Carefully check residency rules — a misstep can derail the case.
- Financial disclosure is heavily scrutinized — be thorough and accurate.
- Even in no‑fault cases, fault grounds may be used strategically.
FAQ
- How long does a divorce take in New York?
- It depends on complexity, contested issues, and court scheduling; uncontested divorces may resolve more quickly.
- Can I file on my own?
- Yes, as a pro se litigant—but using correct forms and procedures is essential.
- Is mediation required?
- Some counties may encourage or require mediation before trial on certain issues.