New York
New York Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
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. 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
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.
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Domestic Relations Law
§ 170Action for divorceIn forcecited in 2 of our articles
Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds: (1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant. (2) The abandonment of the plaintiff by the defendant for a period of one or more years. (3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant. (4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of vaginal sexual contact, oral sexual contact or anal sexual contact, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 428 court opinionsMost recently applied by a court: 2026
Leading cases:
- Anglin v. Anglin (New York Court of Appeals 1992, 80 N.Y.2d 553)“…1989, the wife commenced an action for divorce, pursuant to Domestic Relations Law § 170 (5). The husband sought an order declar…”
- Hoffer-Adou v. Adou (Appellate Division of the Supreme Court of the State of New York 2014, 121 A.D.3d 618)“…ed to a judgment of divorce under the no-fault provision of Domestic Relations Law § 170 (7), since her statement under oath tha…”
- Rinzler v. Rinzler (Appellate Division of the Supreme Court of the State of New York 2012, 97 A.D.3d 215)“…ounds of cruel and inhuman treatment and abandonment (see Domestic Relations Law § 170 [1], [2]). Defendant answered and count…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in New York: Is It Recognized? (2026)
§ 230Required residence of partiesIn force
Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or 5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 54 court opinionsMost recently applied by a court: 2026
Leading cases:
- Unanue v. Unanue (Appellate Division of the Supreme Court of the State of New York 1988, 141 A.D.2d 31)“…clarify the durational residence requirements set forth in Domestic Relations Law § 230. I The plaintiff and the defendant…”
- Black v. Black (Appellate Division of the Supreme Court of the State of New York 2013, 108 A.D.3d 842)“…ntiff did not meet the durational residency requirements of Domestic Relations Law § 230. Supreme Court denied the motion, findi…”
- Capdevilla v. Capdevilla (Appellate Division of the Supreme Court of the State of New York 1989, 149 A.D.2d 312)“…ntiff did not meet the durational residency requirements of Domestic Relations Law § 230. We agree with the Second Department th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- N.Y. Domestic Relations Law, Section 170 (Grounds for Divorce)(nysenate.gov).gov
- N.Y. Domestic Relations Law, Section 230 (Residency Requirements)(nysenate.gov).gov
- New York Courts Self-Help: Divorce(nycourts.gov).gov