New York Divorce Laws (2026): Grounds, Residency, and Process

To divorce in New York, one spouse can swear under oath that the marriage has suffered an irretrievable breakdown for at least six months, which is the no-fault ground added in 2010 under DRL 170(7). Before a judge can grant the divorce, all economic issues and any custody or support matters must be fully resolved. New York has multiple residency paths, the most common requiring two years of continuous residence.

Grounds for divorce in New York

New York added a true no-fault divorce ground in 2010, making it one of the last states to do so. Under DRL 170(7), one spouse can obtain a divorce by submitting a sworn statement that the relationship has suffered an irretrievable breakdown for a period of at least six months. The other spouse does not need to agree, and no specific wrongdoing must be shown.

There is an important procedural condition attached to the no-fault ground: a court cannot enter the divorce judgment until all economic issues (property division, debt, alimony) and all custody and support matters have been resolved, either by written agreement or by court order. This means that filing on the no-fault ground does not automatically speed up a divorce if the parties disagree on finances or children.

Fault grounds remain available under DRL 170(1) through 170(4). They are cruel and inhuman treatment, abandonment for one or more years, confinement in prison for three or more consecutive years, and adultery. Using a fault ground is strategically complex because it requires proof and can lengthen litigation. Most New Yorkers now file on the no-fault ground even in contested cases.

Living apart under a separation decree or a written separation agreement for six or more months is a different route, set out in DRL 170(5) and 170(6). Those are conversion grounds, not fault grounds: they convert an existing separation into a divorce and require no proof of marital misconduct, only satisfactory proof that the plaintiff has substantially performed the terms of the decree or agreement.

Residency requirement

New York sets its residency rules in DRL 230 and offers multiple paths to qualify. The most common path is two years of continuous residence in New York by either spouse. The required period drops to one year if the parties were married in New York, if they lived in New York as a married couple at some point, or if the grounds for divorce arose in New York. If both spouses are currently residents of New York and the grounds arose there, no minimum residency period is required.

Divorce petitions in New York are filed in Supreme Court. Despite the name, the Supreme Court is New York's trial-level court of general jurisdiction, not an appellate court. Every county has a Supreme Court, and you generally file in the county where you or your spouse resides.

Waiting period and separation

New York does not have a statutory cooling-off or waiting period after you file the divorce petition. There is no mandatory number of days you must wait between filing and the final decree being entered.

That said, the no-fault ground under DRL 170(7) does contain a built-in time element: the irretrievable breakdown must have existed for at least six months. This is not a separation requirement in the traditional sense. The parties can be living together during those six months. It is simply the minimum duration of the breakdown that must be sworn to.

A separate situation applies to the separation grounds under DRL 170(5) and 170(6): if spouses choose to pursue divorce based on a separation decree or a written separation agreement, they must have lived apart under that decree or agreement for at least six months. This is a true separation requirement, but it only applies if you choose to proceed on those particular grounds rather than the standard no-fault ground.

How property is divided

New York is an equitable distribution state. That means marital property is divided fairly between the spouses, but not automatically in equal shares. A court weighs factors including the length of the marriage, each spouse's income and earning potential, contributions to the marriage (including as a homemaker or caregiver), and what each spouse will need after the divorce.

Marital property covers most assets and debts acquired during the marriage, regardless of whose name they are in. Separate property, such as assets owned before the marriage or received as a gift or inheritance during the marriage, is generally kept by the spouse who owns it and is not subject to division. Like most equitable distribution states, New York treats the marital home, retirement accounts accumulated during the marriage, and business interests as marital property to be divided.

Because the division is guided by a multi-factor test rather than a fixed 50/50 rule, outcomes can vary considerably based on the facts of each case. Financial disclosure is required from both parties, and significant or complex assets often require formal valuation. When the marital home, retirement accounts, or a business interest is at stake, get a free case evaluation from a New York family lawyer on the disclosure and any valuation before agreeing to a division (attorney advertising).

Alimony, custody, and child support

Spousal maintenance (the term New York uses for alimony) is not automatic. Courts use a formula as a starting point for calculating temporary and post-divorce maintenance, then adjust based on statutory factors including the length of the marriage, each spouse's standard of living, and whether one spouse sacrificed career opportunities. For the full framework, see the New York alimony laws page.

Child custody in New York is decided based on the best interests of the child. Courts consider the stability of each parent's home, the quality of each parent's relationship with the child, and each parent's ability to support the child's relationship with the other parent. See New York child custody laws for details. Child support is calculated under the Child Support Standards Act, primarily based on the combined parental income and the number of children. Estimate your payment with our New York child support calculator.

As noted above, all of these issues must be resolved or ordered by the court before a no-fault judgment of divorce can be granted.

How to file for divorce in New York

The first step is confirming you meet one of the residency paths under DRL 230. Once you do, the petitioner prepares a Summons with Notice or a Summons and Verified Complaint and files it with the Supreme Court in the appropriate county, along with the required filing fee (which varies by county and changes periodically).

The other spouse must be served personally within 120 days of filing. After service, the respondent has 20 days (if served in New York) or 30 days (if served outside New York) to appear or respond.

Both parties must complete mandatory financial disclosure, including a Statement of Net Worth, which itemizes income, assets, debts, and expenses. If children are involved, a parenting plan and child support calculation must be prepared.

If both spouses agree on all issues, they sign a Settlement Agreement or Stipulation of Settlement. The petitioner then submits the agreement along with the required divorce forms to the court. Once the judge reviews and approves everything, the court issues a Judgment of Divorce, which is the final order ending the marriage.

If the parties disagree on any issue, the case becomes contested. A judge will schedule conferences and, if necessary, a trial to resolve the outstanding matters. Only after all issues are decided can the judgment of divorce be entered.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in New York.

For an overview of divorce law across all states, visit the Divorce Laws by State hub. Related New York pages: New York alimony laws and New York child custody laws.

More New York Laws

• New York Alimony Laws
• New York Child Custody Laws
• New York Child Support Laws
• New York Common Law Marriage Laws
• New York Restraining Order Laws
• New York Unclaimed Property

Frequently Asked Questions

How long does it take to get a divorce in New York?

An uncontested divorce in New York where both spouses agree on all terms typically takes three to six months from filing to the final judgment, depending on the court's processing time. Contested divorces that require resolving disputes over property, maintenance, or custody can take one to three years or more.

How much does a divorce cost in New York?

Filing fees in Supreme Court are typically around $210 for the index number plus additional fees for filing the judgment. Attorney fees for an uncontested divorce may range from a few hundred to a few thousand dollars, while contested divorces routinely cost tens of thousands of dollars in legal fees. Exact court fees vary by county.

Do I need a reason to divorce in New York?

No. Since 2010, New York has had a true no-fault ground: you simply swear under oath that the marriage has suffered an irretrievable breakdown for at least six months. You do not need to prove your spouse did anything wrong. However, all financial and custody issues must be settled before the court grants the divorce.

Is New York a community property state?

No. New York is an equitable distribution state, not a community property state. Marital property is divided fairly based on multiple factors, but the split is not automatically 50/50. A judge weighs income, length of marriage, contributions, and other factors to reach a fair division.

How long do I have to be separated to divorce in New York?

You do not need to be physically separated before filing under the standard no-fault ground (DRL 170(7)). The no-fault ground requires only that you swear the relationship has been irretrievably broken for at least six months; you can be living together during that time. A formal separation for six months is required only if you choose to file on the separation-agreement or separation-decree grounds instead.

Can I get divorced without my spouse agreeing?

Yes. New York's no-fault ground allows one spouse to obtain a divorce over the other's objection. If your spouse refuses to cooperate, the case becomes contested and a judge will decide unresolved issues. You cannot be prevented from getting the divorce itself, but your spouse can contest the terms of property division, maintenance, or custody.

Do I have to live in New York to file for divorce here?

Generally yes, though the exact requirement depends on which residency path applies. The most common requirement is that one spouse has lived continuously in New York for two years. The period drops to one year in several situations tied to the connection between the marriage and New York. If both spouses currently live in New York and the grounds arose there, no minimum period is required.