Divorce Petition in New York
Federal & State Law Editorial TeamLast reviewed: April 2026
New York Requirements
- At least one spouse must be a New York resident for at least one year (or two years for no residency connection)
- No-fault ground: irretrievable breakdown for at least 6 months
- Automatic orders freeze marital assets and insurance upon filing
- Statement of Net Worth required from both parties
- Equitable distribution of marital property — not necessarily 50/50
Filing Location
Supreme Court (Matrimonial Part)
Filing Fee
$210 (index number fee)
Statute Reference
How to Complete This Form
- 1Confirm that you meet your state's residency requirements for filing.
- 2Gather financial records, including income statements, bank accounts, debts, and property valuations.
- 3Obtain the appropriate divorce petition forms from your court or court website.
- 4Complete the petition, including grounds for divorce, proposed property division, and custody arrangements (if applicable).
- 5File the petition with the court clerk and pay the filing fee.
- 6Serve the petition on your spouse according to your state's service requirements.
- 7Attend any required hearings, mediation sessions, or settlement conferences.
Download Form Template
Download a template for the Divorce Petition customized with New York-specific requirements and instructions.
Divorce Petition in Other States
Other Forms in New York
When to Talk to a Lawyer
- Your divorce involves significant assets, a business, retirement accounts, or disputes over child custody.
- There is a history of domestic violence, hidden assets, or your spouse has hired an attorney.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.