How To File for Divorce in New York

Anyone who has been through a divorce will tell you it's complicated. It is typically fraught with intense emotions and frayed nerves. Some divorces are amicable, and you can get a divorce without much conflict.

Whatever your situation, it's essential to understand the New York divorce process before taking action. This is especially true for divorces involving minor children. The following information will help you navigate the New York divorce process. Before filing your divorce action, consider a collaborative divorce.

How To File for Divorce in New York

Wading through pages of statutes or court rules is sometimes necessary. But, it helps to have this information in plain English for people who aren't divorce law experts. Here's what you need to know and the steps you need to take to get a divorce in New York.

Meet the Residency Requirements

For the New York courts to accept your divorce case, you must show that you or your spouse have lived in New York for at least a year before you file for divorce. You don't have to show that you and your spouse lived separately before starting divorce proceedings. This is because New York law doesn't require legal separation to file for divorce.

Know the Grounds for Divorce in New York

Besides the residency requirements, you must also state your reasons for getting a divorce. New York recognizes seven grounds for divorce. These are:

• Irretrievable breakdown of the marriage for six months or longer (typical in a no-fault divorce)
• Cruel and inhuman treatment (domestic violence)
• Abandonment for at least one year
• Adultery
• Imprisonment of a spouse for three or more years
• Separation. You must sign and file a separation agreement and live apart for one year.
• Judgment for legal separation. The spouses must live apart for one year.

The above fault grounds for divorce apply in a fault-based divorce. (Except for the irretrievable marriage breakdown, common in a no-fault divorce.)

Gather the Information You Need to Complete the Forms (Uncontested Divorce)

A divorce is uncontested if one of the following two things happen:

• You and your spouse agree on the terms of divorce, including financial issues, alimony, property division, child custody, and child support or
• Your spouse fails to respond to your divorce complaint

To fill out the forms for an uncontested divorce, you will need the following:

• Your name and address
• A copy of your marriage certificate
• A copy of any agreement the married couple reaches, such as a divorce settlement agreement
• A list of marital property and debts
• A copy of any orders for protection

Prepare and File the Necessary Forms

New York courts require divorcing parties to fill out many forms. These forms vary depending on whether you have children.

• If you have been married for at least six months and have no children under 21, use the DIY Uncontested Divorce Program to prepare your papers
• If you and your spouse have children under 21, use the Uncontested Divorce Packet.

After you check that your forms are correct and complete, you must file a summons and complaint with your county clerk's office. Some courts allow you to file an online divorce using NYSCEF. Check the e-filing county list to see if your county has an e-filing system.

Serve the Forms to Your Spouse

You must ensure that your spouse is aware of the divorce case. You must see that they receive the divorce papers in person. This process is "service." You must complete service within 120 days of the filing date.

You can't serve your spouse with divorce papers. You must assign another resident of New York who is at least 18 years old to serve your spouse.

Response by Your Spouse

If your spouse agrees to the divorce, they must complete and return the form to you within 40 days of receipt. If your spouse fails to respond, they will be in default.

Your divorce becomes contested if your spouse files an answer disagreeing with anything in your divorce papers.

Get Your Case on the Court Calendar

If your spouse agrees to the divorce or defaults by failing to respond, you will get your case on the court's docket.

To get your divorce case on the calendar, complete the remaining applicable forms (see the New York Courts' document "Introduction to Uncontested Divorce Instructions" to learn more). Once you do this, you will file them with the court clerk.

If the judge approves your complaint and settlement agreement, they will issue your divorce judgment.

What If Your Spouse Contests?

If your spouse disagrees with anything in your divorce papers, the divorce will become a contested divorce. The family law judge will decide on any outstanding legal issues in these cases. Some of these include:

• Child custody
• Child support
• Alimony/spousal support
• Equitable distribution of marital property
• Allocation of liabilities

The family court judge will include their findings in your divorce judgment.

Child Custody Issues in a New York Divorce Case

Child custody issues will arise if you and your spouse have minor children. The two main issues will be:

• How the children will divide their time between the parents
• Who will make legal decisions about the children

The procedure for determining custody will be straightforward if you and your spouse already agree on custody issues. If you do, the judge will likely approve and include your agreement in the divorce order. The only reason they would reject your custody arrangement and child support is if they are not in the best interests of the child.

If you and your spouse disagree on custody, the judge will hear arguments from both sides and decide the issue using the best interests of the child standard.

Alimony in New York

Alimony is the financial support one spouse pays the other to help maintain the same standard of living the married couple enjoyed while together.

The court determines spousal support after considering the following:

• The financial resources of the parties
• The job skills and the job market in their profession
• The time it takes the dependent spouse to get the education or training they need to increase their earning capacity
• The ability of the independent spouse to pay support without compromising their financial obligations
• Custody of any children
• Any child support the parties pay
• How the court divided marital property

There is no guarantee that either party will receive alimony. If the court orders alimony, there will typically be an end date. Permanent alimony is rare.

Child Support in New York

Child support ensures the children's financial well-being after the divorce. If the parents agree on child support payments, they'll submit the agreement for the court's approval. The court will generally accept their agreement as long it meets specific requirements.

If the parties don't agree, the court will use the state's child support guidelines to determine child support.

How Long Do You Have to Separate Before You File for Divorce in New York?

Unlike other states, New York has no waiting period for divorce. You don't have to separate before you ask for a divorce.

How Much Does It Cost to File for Divorce in New York?

The cost of getting a divorce in New York depends on your situation.

The initial filing fee to get a divorce in New York is $335 (as of 2025). There are extra costs, such as notary services and mailing fees. You can request a fee waiver if you can't afford the fee.

Do You Need an Attorney to File for Divorce in New York?

Having a New York divorce attorney will help ensure the best outcome in your divorce case. But you can file for a divorce by yourself. The New York Unified Court System provides the resources you need to file for divorce without using an attorney.

But, if your spouse disagrees with the terms of the divorce, you should speak to an experienced family law attorney.

How To Find a Divorce Attorney in New York

The New York divorce process is complex. Some divorces are simple, but even amicable divorces can become highly emotional and challenging.

If you need help with your divorce, consider contacting a local divorce attorney. They can give you sound legal advice. FindLaw provides access to lawyers across New York State, including lawyers in New York City and Buffalo.

More Resources

• Filing and Serving Divorce Papers
• Divorce Information by State
• Divorce Forms and Instructions New York
• Divorce in Your New York County