New York Divorce Laws (2026): Grounds, Residency, and Process
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. They include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, adultery, and living apart for six or more months under a formal separation decree or separation agreement. 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.
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.
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.
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.
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Sources
- N.Y. Domestic Relations Law, Section 170 (Grounds for Divorce): https://www.nysenate.gov/legislation/laws/DOM/170
- N.Y. Domestic Relations Law, Section 230 (Residency Requirements): https://www.nysenate.gov/legislation/laws/DOM/230
- New York Courts Self-Help: Divorce: https://www.nycourts.gov/courthelp/family/divorce.shtml
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.