Divorce in New York

How to file for divorce in New York

1. Check residency. One of three pathways: 2 years of continuous NY residency by either spouse; 1 year of continuous residency plus a NY marriage, NY cohabitation as a married couple, or NY grounds; or both spouses are current NY residents and the grounds arose in NY.
2. Check any separation requirement. One year of separation under a signed separation agreement or a court judgment of separation is an alternative ground to no-fault.
3. Prepare and file the Summons with Notice (or Summons and Complaint) with the Supreme Court in your county. The filing fee is typically $335, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. A sworn Statement of Net Worth, with recent pay stubs, tax returns, and W-2s, must be provided by both parties in any matrimonial case where maintenance, support, or equitable distribution is at issue.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No post-filing waiting period, but for the no-fault ground the marriage must have been irretrievably broken for at least 6 months before judgment. Then ask the court for your final judgment.

Residency and grounds

Residency: One of three pathways: 2 years of continuous NY residency by either spouse; 1 year of continuous residency plus a NY marriage, NY cohabitation as a married couple, or NY grounds; or both spouses are current NY residents and the grounds arose in NY.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: One year of separation under a signed separation agreement or a court judgment of separation is an alternative ground to no-fault.

How property is divided

New York uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: New York uses the terms custody and visitation. Every decision is made in the child's best interests.

Parenting class: Not required statewide; requirements are set case-by-case or by local county practice, mainly in contested custody matters.

Child support: New York uses the percentage of income model, which sets support as a percentage of the paying parent's income, rising with the number of children. Try the child support calculator.

Spousal support

Spousal maintenance uses statutory formulas (roughly 30% of the payor's income minus 20% of the payee's, or a lower formula when child support is also paid) applied up to a $192,000 payor income cap, with advisory duration guidelines tied to marriage length.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

DIY Uncontested Divorce Program: Available when there are no children under 21 of the marriage and the marriage has been irretrievably broken for 6 months or more, using court-approved uncontested divorce packet forms.

Legal separation: available in New York, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no post-filing waiting period, but for the no-fault ground the marriage must have been irretrievably broken for at least 6 months before judgment. A typical timeline is several months from filing to judgment for an uncontested case; the Supreme Court is the only court that hears divorces statewide. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in New York

• New York's Supreme Court, not Family Court, has exclusive jurisdiction to grant a divorce.
• Child support uses a percentage-of-combined-income formula (17% for one child, 25% for two, 29% for three, and so on) under the Child Support Standards Act.
• As of 2026, a new statute (Ch. 673, Laws of 2025) allows the separation ground to be pursued on a no-fault basis.

Some local details vary by county in New York, including parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from New York's courts. Sources we reviewed:

• nycourts.gov
• nycourts.gov
• nycourts.gov
• lgtlegal.com

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.