New York Divorce Guide
Everything you need to know about filing for divorce in New York — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
New York Divorce at a Glance
| Residency Requirement | 12 months in state |
| Waiting Period | 0 days — New York has no mandatory waiting period before a divorce can be finalized. However, for no-fault divorce under DRL Section 170(7), the marriage must have been irretrievably broken for at least 6 months prior to filing, and one party must state this under oath. In practice, an uncontested divorce typically takes 3-6 months to process through the courts, and a contested divorce can take 9 months to 2+ years. The average timeline is approximately 9.5 months. |
| Filing Fee | $335(fee waiver available) |
| No-Fault Grounds | Irretrievable Breakdown |
| Fault Grounds | Cruel and Inhuman Treatment, Abandonment, Imprisonment, Adultery, Separation Judgment, Separation Agreement |
| Property Division | Equitable Distribution |
| E-Filing | Available — New York uses the NYSCEF (New York State Courts Electronic Filing) system at https://iapps.courts.state.ny.us/nyscef/HomePage. Historically, matrimonial actions were excluded from mandatory e-filing under the CPLR. Effective June 1, 2020, the Chief Administrator adopted rules (22 NYCRR 202.16-c) allowing consensual e-filing in matrimonial actions in authorized Supreme Court counties. As of January 1, 2026, Erie County expanded mandatory e-filing to include matrimonial matters. Most other counties allow consensual (voluntary) e-filing for divorce cases. Registration for a NYSCEF account is required. Both contested and uncontested matrimonial actions may be e-filed in participating counties. Check the NYSCEF County List for current authorized courts and case types. |
| Response Window | 20 days — If the defendant was served within New York State, they have 20 days to respond (file an Answer). If the defendant was served outside of New York State, they have 30 days to respond. If the defendant does not respond within the applicable timeframe, they are considered in default, and the divorce can proceed without their participation. |
Grounds for Divorce in New York
New York recognizes 7 grounds for divorce under DRL Section 170: irretrievable breakdown of the marriage relationship for at least 6 months (no-fault), cruel and inhuman treatment, abandonment for 1+ year, imprisonment for 3+ consecutive years, adultery, living apart under a separation judgment for 1+ year, and living apart under a separation agreement for 1+ year.
No-Fault Grounds
- Irretrievable Breakdown — The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath (DRL Section 170(7)). This is the standard no-fault ground, effective since October 12, 2010. It is unilateral -- one spouse can proceed even if the other objects. The court may not grant the divorce until all ancillary issues (equitable distribution, spousal support, child support, counsel fees, custody, and visitation) have been resolved by the parties or determined by the court.
Fault-Based Grounds
- Cruel and Inhuman Treatment — The conduct of the defendant so endangers the physical or mental well-being of the plaintiff as to render it unsafe or improper for the plaintiff to cohabit with the defendant (DRL Section 170(1)). All acts must have occurred within 5 years of the date the summons is filed with the County Clerk. Typically requires a pattern of behavior rather than a single incident.
- Abandonment — The abandonment of the plaintiff by the defendant for a period of one or more years (DRL Section 170(2)). Abandonment may be actual (physically leaving the marital residence without consent or justification and without intention to return) or constructive (locking out the other spouse, or refusing sexual relations -- sometimes called 'constructive abandonment').
- Imprisonment — The imprisonment of the defendant after marriage for three or more consecutive years (DRL Section 170(3)). The action must be commenced while the defendant is imprisoned or within 5 years after release. The imprisonment must have begun after the marriage.
- Adultery — The commission of an act of adultery (DRL Section 170(4)). Defined as vaginal, oral, or anal sexual contact voluntarily performed by the defendant with a person other than the plaintiff after the marriage. Must file within 5 years of learning of the adultery. Cannot be based on the plaintiff's own admission alone; requires corroborating evidence. The plaintiff cannot have forgiven (condoned) the adultery, and the plaintiff cannot have also committed adultery.
- Separation Judgment — The parties have lived apart pursuant to a decree or judgment of separation for one or more years after the granting of such decree or judgment, and satisfactory proof that the plaintiff has substantially performed all the terms and conditions of the separation decree or judgment (DRL Section 170(5)).
- Separation Agreement — The parties have lived apart pursuant to a written agreement of separation for one or more years after the execution of such agreement, and satisfactory proof that the plaintiff has substantially performed all the terms and conditions of such agreement (DRL Section 170(6)). The separation agreement must be filed in the county clerk's office of the county in which either party resides.
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How to File for Divorce in New York
Meet Residency Requirements
You must have lived in New York for at least 12 months before filing. New York has five alternative residency bases under DRL Section 230. You must satisfy at least one: (1) The marriage was performed in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (2) The parties resided in New York as husband and wife AND either party has been a continuous resident for at least 1 year immediately preceding filing; (3) The grounds for divorce arose in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (4) The grounds for divorce arose in New York AND both parties are residents at the time of filing (no minimum duration); (5) Either party has been a continuous resident of New York for at least 2 years immediately preceding filing (no other connection required). Residency requires both physical presence and intent to make New York a permanent home. There is no separate county duration requirement, but the action must be filed in Supreme Court in the county where either spouse resides.
Complete Your Forms
New York requires 12 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $335 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: personal, substitute, nail and mail, court ordered alternative, publication, mail with acknowledgment. The process server must be at least 18 years old and not a party to the case (CPLR 2103(a)). In matrimonial actions, the affidavit of service must describe the person served (sex, skin color, hair color, approximate age and weight) and must state how the server identified the person as the named defendant (DRL Section 232(b)). The Automatic Orders notice (DRL Section 236(B)(2)(b)) must be served together with the summons.
Wait for Response & Finalize
Your spouse has 20 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in New York
Automatic Orders
Upon commencement of a matrimonial action, automatic restraining orders take effect under DRL Section 236(B)(2)(b) and 22 NYCRR 202.16-a. They apply to the plaintiff upon filing and to the defendant upon service. Neither party may: transfer, encumber, assign, remove, or dispose of property except in the ordinary course of business or for usual household expenses; incur unreasonable debt; sell, transfer, or change beneficiaries on life insurance; change beneficiaries on retirement accounts, annuities, or pensions; or discontinue or reduce health insurance coverage. Violations are enforced like any court order.
Applies when: All cases
Barriers to Remarriage (Get Law)
Under DRL Section 253, any party commencing a divorce must allege in the verified complaint that they have taken or will take all steps solely within their power to remove any barrier to the defendant's remarriage. This primarily applies to Jewish marriages where a 'Get' (religious divorce) is required. The plaintiff must serve a Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) if married in a religious ceremony. Refusal can affect equitable distribution and maintenance awards.
Applies when: Parties married in a religious ceremony
All Issues Must Be Resolved for No-Fault
Under DRL Section 170(7), no judgment of divorce on the no-fault ground of irretrievable breakdown shall be granted until all ancillary issues are resolved: equitable distribution of marital property, spousal maintenance (payment or waiver), child support, counsel and expert fees, and custody and visitation. All issues must be settled by the parties or determined by the court before the divorce is final.
Applies when: No-fault divorce under DRL 170(7)
Divorce Filed in Supreme Court Only
In New York, divorce actions can only be filed in Supreme Court -- not Family Court, Civil Court, or any other court. Supreme Court has exclusive jurisdiction over divorce and annulment proceedings. Family Court handles only custody, visitation, support, and family offenses as ancillary matters.
Applies when: All cases
No Right to Jury Trial on Irretrievable Breakdown
Courts have held that there is no right to a trial on the issue of whether the marriage has irretrievably broken down under DRL Section 170(7). The non-filing spouse cannot force a trial to contest the no-fault ground itself.
Applies when: No-fault divorce
Separate Property Excluded from Distribution
Separate property (property acquired before the marriage, by inheritance or gift to one spouse, compensation for personal injuries, and property described as separate in a prenuptial agreement) is not subject to equitable distribution under DRL Section 236(B)(1)(d). However, appreciation in value of separate property during the marriage may be considered marital property if the non-titled spouse contributed to that appreciation.
Applies when: Property division
Contested RJI Fee
In contested divorces, an additional $95 fee is charged for the Request for Judicial Intervention to have a judge assigned. In uncontested divorces within New York City, no separate RJI fee is required.
Applies when: Contested cases
Mandatory Requirements
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