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Getting divorced in New York: grounds, residency and how the process works

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York, a divorce is granted by the Supreme Court, the State's main trial court. You can get a no-fault divorce if one spouse states under oath that the marriage has broken down irretrievably for at least six months (Domestic Relations Law § 170(7)). The judgment is granted only after property, support, lawyers' fees, custody and visitation are settled by agreement or decided by the court. In most cases one of you must have lived in New York for at least one or two years before filing (§ 230). If you agree on everything, the courts offer forms for an uncontested divorce; if you have children, a home, pensions, a business or any safety concern, talk to a lawyer first.

Read on for the details, the exceptions and the sources.

In plain words

Uncontested divorce
A divorce where both spouses agree on ending the marriage and on every issue — money, property, children — so no trial is needed.
Irretrievable breakdown
The no-fault ground: the marriage has broken down for good, for at least six months. Nobody has to prove who was at fault.
Marital property
Almost everything either of you acquired during the marriage, whoever's name is on it. It is divided 'equitably' — fairly, not always 50/50.
Separate property
What you owned before the marriage, inheritances and gifts from someone other than your spouse, and compensation for personal injuries. It generally stays yours.
Index number
The case number the county clerk gives your divorce when you file and pay the filing fee.

The grounds for divorce

Domestic Relations Law § 170 lists seven grounds. The one most people use today is irretrievable breakdown: the relationship has broken down irretrievably for at least six months, and one spouse says so under oath (§ 170(7)). You don't have to prove fault, and your spouse can't block the divorce just by disagreeing that the marriage is over.

The other grounds are cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years after the marriage, adultery, and living apart for at least six months under a court separation judgment or a signed and acknowledged separation agreement (§ 170(1)–(6)). These fault grounds have to be proved, so they make a case longer and more expensive.

Under the no-fault ground, the judge can't grant the divorce until the money and children issues — division of marital property, spousal support, child support, lawyers' and experts' fees, and custody and visitation — are resolved by agreement or decided by the court (§ 170(7)).

Who can file in New York

Under Domestic Relations Law § 230 you can file in New York if any one of these is true:

  • Either spouse has lived in New York continuously for at least two years right before filing.
  • Either spouse has lived in New York for at least one year right before filing, and you were married in New York, or you lived in New York as a married couple, or the ground for divorce happened in New York.
  • Both spouses live in New York when the case is filed and the ground for divorce happened in New York (no minimum time).

Where to go

Divorce cases are filed in the New York State Supreme Court, through the county clerk's office — generally in a county where you or your spouse lives (CPLR § 503(a)). Family Court can decide child support, custody and orders of protection, but it can't grant a divorce.

The court system publishes divorce forms and step-by-step instructions for people without a lawyer, including an uncontested divorce packet, on its Divorce Resources pages. Many courthouses also have help centers for people representing themselves.

What documents you need

  • A summons with notice, or a summons and verified complaint, to start the case (Domestic Relations Law § 211).
  • A copy of the 'automatic orders' to serve with the summons: from filing (for you) and service (for your spouse), neither of you may sell, hide or give away property without written consent or a court order (§ 236(B)(2)(b)).
  • Your marriage date and place, both spouses' addresses, and your children's names and dates of birth.
  • Income, asset and debt information: where support is at issue, both spouses must disclose their finances, including a sworn statement of net worth when demanded in writing (§ 236(B)(4)).
  • If you agree on everything, a written settlement agreement signed by both of you, and later the judgment forms the court requires.

Fees and costs

Buying an index number from the county clerk costs $210: a $190 fee plus $5 and $15 add-on fees set by CPLR § 8018. More fees are due to bring the case before a judge — for example $125 to place a cause on the calendar, or $95 for a request for judicial intervention followed by $30, and $45 for each motion (CPLR § 8020(a)). Ask the clerk which ones apply to your case.

If you can't afford the fees, you can ask the court to waive them ('poor person' relief) under CPLR § 1101. Lawyers' fees are the larger cost in a contested divorce. The court can order one spouse to pay the other's lawyer and experts, and there is a rebuttable presumption that fees will be awarded to the spouse with less money (Domestic Relations Law § 237(a)).

Deadlines

  • No-fault ground: the breakdown must have lasted at least six months before you file (§ 170(7)).
  • Residency: one or two continuous years before filing, depending on your situation (§ 230).
  • After you file, your spouse must be served with the summons within 120 days (CPLR § 306-b).
  • Your spouse generally has 20 days to respond after being personally handed the summons in New York, or 30 days after other kinds of service (CPLR § 320(a)).
  • Separation-based grounds: you must have lived apart for six months or more under the separation judgment or agreement (§ 170(5)–(6)).

Step by step

  1. Check residency and the ground

    Confirm you meet one of the § 230 residency rules and decide on the ground — for most people, irretrievable breakdown for six months.

  2. Try to agree

    If you and your spouse can agree on property, debts, support and the children, write it down in a settlement agreement. An agreement makes the case faster and far cheaper.

  3. File and buy an index number

    File the summons with the county clerk in the Supreme Court and pay the $210 index number fee, or ask for a fee waiver.

  4. Serve your spouse

    Have someone who is 18 or older and not a party to the case deliver the papers, with the automatic orders, within 120 days (CPLR § 306-b; § 2103(a)). You can't serve them yourself.

  5. Exchange financial information

    If money or support is disputed, both spouses disclose income, assets and debts.

  6. Settle or go before a judge

    An uncontested divorce can be granted on written proof, without a trial (Domestic Relations Law § 211). In a contested case there will be court appearances and, if you don't settle, a trial on the open issues.

  7. Get the judgment

    Once every issue is resolved, the judge signs the judgment of divorce. Keep a certified copy for your records.

What happens next

The automatic orders end when the judgment is entered (§ 236(B)(2)(b)). Marital property is divided under the judgment or your agreement; separate property generally stays with its owner (§ 236(B)(1)(c)–(d), (5)). Support and custody orders can later be modified if circumstances change.

Divorce also changes your estate plan: under Estates, Powers and Trusts Law § 5-1.4, a divorce generally revokes gifts to your former spouse in your will and their appointment as your executor. Review your will, beneficiary designations and health care proxy after a divorce.

When to talk to a lawyer

  • There is any domestic violence or you feel unsafe — ask about an order of protection right away.
  • You have children and don't agree on custody or support.
  • There is a house, a pension or retirement account, a business, or significant debt.
  • Your spouse has a lawyer, or has hidden or moved money.
  • You were served with divorce papers — the response deadline is short.

Frequently asked questions

Can my spouse stop me from getting a divorce?

Not by simply refusing. Under the no-fault ground in Domestic Relations Law § 170(7), your sworn statement that the marriage has broken down irretrievably for at least six months is the ground. But the judgment can't be granted until property, support, fees and children's issues are resolved by agreement or decided by the court.

Do I need a lawyer to get divorced in New York?

No. You can represent yourself, and the court system publishes forms for uncontested divorces. A lawyer is strongly advisable when there are children you disagree about, real estate, pensions, a business, significant debt, or any safety concern.

How much does a divorce cost in New York?

The index number alone is $210 (CPLR § 8018), and further court fees apply when the case goes before a judge (CPLR § 8020). You can ask the court to waive the fees if you can't afford them (CPLR § 1101). Lawyers' fees, if any, are usually the largest cost.

We just moved to New York. Can we divorce here?

Possibly not yet. Domestic Relations Law § 230 usually requires one or two years of continuous residence, unless both of you live in New York and the ground for divorce happened here. Check the § 230 options against your situation.

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Official sources

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.