New York · Divorce laws · Updated Oct 2026
New York divorce laws
Who can file for divorce in New York, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in New York
- Who can file (residency)
- One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.
- Waiting period
- No set waiting period after filing. For the no-fault ground, the marriage must have broken down irretrievably for at least 6 months (you don't have to live apart), and the judgment can't be granted until property, support, fees, custody and visitation are all settled or decided.
- Court
- Supreme Court (in New York, the Supreme Court is the trial court) in a county where either spouse lives
- Official forms
- Divorce forms (New York courts)
- Court self-help
- Divorce self-help (New York courts)
- Filing fee
- About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020).
- If you can't afford the fee
- Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.
- Simpler process for agreed cases
- Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.
- Law
- N.Y. Dom. Rel. Law 230 · N.Y. Dom. Rel. Law 170(7)
Divorce in New York, step by step
Check that you can file in New York
One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (New York courts) Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.
File the papers and pay the fee, or ask for a waiver
File with the Supreme Court (in New York, the Supreme Court is the trial court) in a county where either spouse lives. Filing fee: About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020). Can't afford it? Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.
Serve your spouse
Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method.
Your spouse responds
20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a)) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
No set waiting period after filing.
Agree, or go to mediation or a hearing
Not required. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Every divorce judgment must say that each spouse may go back to their pre-marriage surname or any other former surname.
Free tools for New York
Pre-set for New York. They run in your browser and send nothing.
Divorce timeline estimator for New York
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in New York
- No-fault ground
- irretrievable breakdown of the relationship for at least 6 months (sworn by one spouse)
- Fault grounds
- Also allowed
- Law
- N.Y. Dom. Rel. Law 170 (cruel and inhuman treatment, abandonment 1 year, imprisonment 3 years, adultery, living apart 1 year under a separation judgment or agreement, irretrievable breakdown)
Property and debts in New York
- System
- Equitable distribution
- The rule
- Marital property is divided fairly (equitable distribution), not necessarily 50/50, using factors in the statute such as length of marriage, income, contributions as a homemaker, and domestic violence. Separate property stays with its owner.
- Law
- N.Y. Dom. Rel. Law 236(B)(5)
Alimony (spousal support) in New York
Called maintenance. New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%. The judge can depart from the formula if it would be unjust, and must explain why. N.Y. Dom. Rel. Law 236(B)(6).
Children: custody and support in New York
- What New York calls custody
- custody and visitation (parenting time)
- Child support calculator
- Official child support calculator or guidelines
Serving your spouse in New York
- How your spouse gets the papers
- Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method. Your spouse can instead sign an affidavit agreeing to the divorce. You must also give the notice about health insurance coverage.
- Time to respond
- 20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))
- Law
- N.Y. Dom. Rel. Law 232, 255; CPLR 320
Going back to a former name in New York
Yes. Every divorce judgment must say that each spouse may go back to their pre-marriage surname or any other former surname. N.Y. Dom. Rel. Law 240-a.
Mediation in New York
Not required. Some courts offer mediation or referral programs.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in New York: New York family offense / orders of protection information (NY Courts CourtHelp): https://ww2.nycourts.gov/courthelp/Safety/index.shtml
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Free help in New York
Good to know in New York
- New York has the longest default residency rule: 2 years, unless you have an extra tie to the state (then 1 year). (DRL 230)
- Post-divorce maintenance follows a statutory formula and an advisory duration schedule. (DRL 236(B)(6))
- Every divorce judgment must allow both spouses to resume a former surname. (DRL 240-a)
Divorce checklist for New York
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in New York
How long do you have to live in New York to file for divorce?
One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.
How long does a divorce take in New York?
No set waiting period after filing. For the no-fault ground, the marriage must have broken down irretrievably for at least 6 months (you don't have to live apart), and the judgment can't be granted until property, support, fees, custody and visitation are all settled or decided.
What are the grounds for divorce in New York?
New York's no-fault ground is irretrievable breakdown of the relationship for at least 6 months (sworn by one spouse). Fault grounds are also allowed.
Is New York a community property state?
No. New York uses equitable distribution. Marital property is divided fairly (equitable distribution), not necessarily 50/50, using factors in the statute such as length of marriage, income, contributions as a homemaker, and domestic violence. Separate property stays with its owner.
How much does it cost to file for divorce in New York?
About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020).
Can I get the divorce filing fee waived in New York?
Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.
Is there a simpler divorce process in New York?
Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.
How long does my spouse have to respond in New York?
20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))
Can I change my name back in a divorce in New York?
Yes. Every divorce judgment must say that each spouse may go back to their pre-marriage surname or any other former surname. N.Y. Dom. Rel. Law 240-a.
Is mediation required in a divorce in New York?
Not required. Some courts offer mediation or referral programs.
How does alimony work in New York?
Called maintenance. New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%. The judge can depart from the formula if it would be unjust, and must explain why. N.Y. Dom. Rel. Law 236(B)(6).