Your New York Divorce: The Basics

When you said your vows, you never imagined you would one day file for divorce. Nobody enters a marriage thinking that things won't work out. New York City's divorce rate fluctuates each year but stays near 2 per 1,000 people.

If you're considering divorce, you should familiarize yourself with the New York divorce process. Here, we'll explain the basics of a New York divorce. We'll also discuss how New York law affects things like alimony, child custody, and division of property.

If you still have questions about your divorce case, contact an experienced New York divorce attorney.

Do You or Your Spouse Live in New York?

Every state has specific requirements to qualify for divorce. One of these is a residency requirement. In New York, either you or your spouse must be a resident of New York State for a specific period of time before you can file for divorce.

The exact time rule depends on your circumstances. According to the New York courts, you must meet one of the following criteria to file for divorce:

• You or your spouse have lived in-state for at least two years
• You got married in New York and have lived in-state for at least one year
• The cause of the divorce happened in New York, and you've lived in-state for one year

If you meet one of these criteria, you should have no problem filing your divorce papers with the clerk's office. You must file your divorce with the family court in your county.

What Is the Legal Reason for Your Divorce?

People don't get divorced for no reason. At the same time, very few people decide to file for divorce after a single event. Most couples end their marriage because they don't want to be together anymore.

The State of New York is not a no-fault divorce state. The NY courts allow you to file either a no-fault or fault-based divorce. If you choose to file a no-fault divorce action, you must only certify that there's been an "irretrievable breakdown of the relationship."

Claiming "no-fault" requires that your marriage has been "broken" for at least six months. You must also certify that you can't fix or salvage your marriage. The good news is that you don't have to specify why your marriage is over.

New York state also offers a fault-based divorce. The fault grounds for divorce in New York include:

• Cruel and inhuman treatment (abuse)
• Abandonment (for at least one year)
• Imprisonment of your spouse (for at least three continuous years)
• Adultery
• Living apart with a legal separation agreement

You can cite any of these legally acceptable reasons as the basis for your divorce. But, New York divorce law requires that you submit specific proof that your spouse engaged in the marital misconduct you allege in your divorce complaint.

Orders the Judge May Include in Your Divorce Judgment

There are two ways the family law judge can finalize your divorce. If you file an uncontested divorce, you'll submit a divorce settlement agreement with your divorce petition. If the judge approves your agreement, they'll incorporate the terms of the agreement into your final judgment of divorce.

If you file a contested divorce, the judge may decide on things such as spousal maintenance, custody of the minor children, and property division. If so, they may order some or all the following court orders:

• Child support: The judge will likely order the non-custodial parent to pay child support. The court determines the amount of child support payments using the state's guidelines. These guidelines consider the number of children and each parent's income.
• Child custody and visitation: A judge will decide child custody and visitation issues. This includes the child's primary home and which parent will be the primary caretaker. The judge's primary concern is the best interests of the child.
• Spousal support: During the divorce proceedings and after final judgment, the judge may order one party to pay spousal support to the other. The judge has discretion when awarding alimony after the divorce becomes final.
• Division of property: The family court judge will divide marital property using "equitable distribution." This approach considers several factors. With equitable distribution, the courts rarely divide marital property 50/50. One spouse could get more than half of the property in certain situations.
• A change of name: Many spouses change their last name after marriage. A judge can restore your birth name or previous name.
• Order of protection: If your marriage involved domestic violence or if you fear for your safety, the judge may grant an order of protection.
• Payment of legal fees: If one spouse can't afford a New York divorce lawyer, the judge may order the other party to pay the other spouse's legal fees.

What if I Don't Want to Go to Court?

Where there is no history of abuse or domestic violence, you may consider divorce mediation or collaborative law. These programs help you and your spouse settle the terms of your divorce. If you succeed, you can proceed with an "uncontested" divorce. This should reduce the number of times you need to go to court.

Where Do I Go to File For a Divorce?

The Supreme Court of the State of New York handles all divorce cases. In New York City, you must file your paperwork with the Clerk of the County Court at 60 Centre St. If you plan to represent yourself in an uncontested divorce, you can use the Supreme Court Uncontested Divorce DIY Program.

Once you file the paperwork, you must follow the court rules to ensure your spouse gets a copy. The Uncontested Divorce Packet contains instructions for filling out the paperwork and serving your spouse.

How Much Does it Cost to File for Divorce?

As of 2024, the filing fee for an uncontested divorce is $335. If you file a contested divorce, there are extra court conferences and hearings fees.

The court may issue a fee waiver if you file a sworn statement stating you can't pay.

What If My Spouse Does Not Agree to the Divorce?

Your spouse has the right to respond to your divorce complaint. If they fail to respond, you can request a default divorce judgment.

If your spouse objects to the reason for your divorce or with the orders you have requested from the judge, you will get notice that they are contesting the divorce. A contested divorce has important deadlines and court dates. You must respond to the notice on time.

Consider consulting an experienced family law attorney to help you with a contested divorce.

How Long Does it Take to Get a Divorce?

The courts typically finalize uncontested divorce cases within six or seven months.

A contested divorce takes a lot longer than six months. It can take years to resolve a contested divorce action. It depends on the outstanding legal issues you and your spouse disagree on. It also depends on whether you have minor children or significant marital assets.

Hire a New York Divorce Lawyer

New York City does not require you to hire an attorney to complete your divorce, but many divorces are complex and emotionally challenging. A New York divorce attorney can help explain the law and recommend the best legal strategy for your case.