How to File for Divorce
in New York
A complete guide for New York residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$335-$400 (check with your county supreme court)
Approximate
Timeline
3-6 months (uncontested); 12-24 months (contested)
Uncontested
Property
Equitable distribution
Division rule
New York Divorce — Key Facts
Residency Requirement
2 years of residency (reduced to 1 year if married in NY, if NY was the marital domicile, or if grounds arose in NY); if both parties are NY residents at time of filing, no minimum
Grounds for Divorce
Irretrievable breakdown of the marriage for at least 6 months
Separation Period
1 year of separation under a separation agreement is an alternative ground
Property Division
Equitable distribution
Filing Fee
$335-$400 (check with your county supreme court)
Average Timeline
3-6 months (uncontested); 12-24 months (contested)
New York-Specific Rule
New York eliminated fault-based divorce as the only option in 2010, adding no-fault irretrievable breakdown. All financial issues (support, equitable distribution) must be resolved or decided before the divorce can be finalized.
6-Step Divorce Process in New York
Confirm You Meet Residency Requirements
2 years of residency (reduced to 1 year if married in NY, if NY was the marital domicile, or if grounds arose in NY); if both parties are NY residents at time of filing, no minimum. If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on New York's terminology). State the grounds as "Irretrievable breakdown of the marriage for at least 6 months." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Equitable distribution rules apply in New York), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. New York eliminated fault-based divorce as the only option in 2010, adding no-fault irretrievable breakdown. All financial issues (support, equitable distribution) must be resolved or decided before the divorce can be finalized.
Frequently Asked Questions — New York Divorce
How long do I have to live in New York before I can file for divorce?
2 years of residency (reduced to 1 year if married in NY, if NY was the marital domicile, or if grounds arose in NY); if both parties are NY residents at time of filing, no minimum. This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in New York?
New York recognizes no-fault divorce based on "Irretrievable breakdown of the marriage for at least 6 months." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in New York?
The estimated court filing fee in New York is $335-$400 (check with your county supreme court). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a New York divorce?
New York follows Equitable distribution rules. New York eliminated fault-based divorce as the only option in 2010, adding no-fault irretrievable breakdown. All financial issues (support, equitable distribution) must be resolved or decided before the divorce can be finalized.
How long does divorce take in New York?
An uncontested divorce in New York typically takes 3-6 months (uncontested); 12-24 months (contested). Separation period: 1 year of separation under a separation agreement is an alternative ground. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in New York — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with New York-specific document checklist and organized filing packet.
- Complete intake workflow
- New York document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in New York.
Other State Guides