How do I file for divorce in New York?

New York divorce is governed by the Domestic Relations Law (DRL).

1. Residency Requirements — Most common: one spouse has lived in New York continuously for 1 year and was married in NY, lived in NY as spouses, or grounds arose in NY. Otherwise, 2 years' continuous residency by either spouse is required.

2. Grounds — Since 2010, New York permits no-fault divorce based on 'irretrievable breakdown of the relationship for at least 6 months' (DRL § 170(7)). Fault grounds remain: cruel and inhuman treatment, abandonment of 1+ year, imprisonment of 3+ years, adultery, and judgment of separation.

3. Required Forms — File a Summons with Notice (UD-1) or Summons and Verified Complaint, plus a Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage, and Settlement Agreement if uncontested.

4. Filing Fee — $210 to file the index number plus $125 for the Request for Judicial Intervention (total approximately $335).

5. Service of Process — Personal service within 120 days of filing. Respondent has 20 days (in-state) or 30 days (out-of-state) to answer.

6. Waiting Period — No formal waiting period, but the 6-month breakdown must have already existed when filed.

7. Property Division — New York is an equitable distribution state. Marital property is divided fairly — not equally — based on factors including length of marriage, income, and contributions.

8. Final Judgment — The Judgment of Divorce must be signed by a Supreme Court Justice. Uncontested papers are submitted by mail to the County Clerk.

This is legal information, not legal advice.