Guide to Divorce in New York

Divorce can be challenging. Aside from the practical, financial, and emotional consequences of ending your marriage, divorce is a legal proceeding that involves a lot of forms, procedures, rules, and requirements. It helps to know what to expect and how to get help. This article gives an overview of the process and the most important things you need to know about divorce in New York State.

Is New York a No-Fault Divorce State?

To file for divorce, you need a legally accepted reason (or "ground") for ending your marriage. New York divorce laws recognize both fault and no-fault grounds for divorce. You can seek a no-fault divorce in the state if:

• your marriage relationship has broken down "irretrievably" for at least six months, or
• you and your spouse have lived separately and apart for at least a year, with either a separation agreement or a legal separation, and the spouse who files for divorce (the "plaintiff") has met all of the provisions in the agreement or separation decree.

New York also allows you to file for a fault-based divorce by claiming that your spouse:

• subjected you to cruel and inhuman treatment (such as physical or mental abuse) that endangered your well-being
• abandoned you for at least a year
• committed adultery, or
• has been in prison for at least three years.

A fault-based divorce usually takes longer and costs more than a no-fault divorce, because you'll need to prove that your spouse was guilty of the misconduct.

(NY Dom. Rel. L. § 170 (2025).

What Are the Residency Requirements for Divorce in New York?

To get a divorce in New York, you must meet one of the following residency requirements:

• you lived in New York as a married couple, and either spouse lived in the state for at least one year just before you filed for divorce
• you or your spouse lived in the state for at least two years before the filing date
• you were married in New York, and one of you lived in the state for at least a year before filing, or
• the grounds for your divorce happened in New York, and you or your spouse lived in the state for at least a year before filing.

(N.Y. Dom. Rel. Law § 230 (2025).)

How Do You Get an Uncontested Divorce in New York?

You can file for an uncontested divorce in New York if you and your spouse have reached a divorce settlement agreement that covers all the legal issues involved in ending your marriage (including property division, child custody and support, and alimony). Uncontested divorces are much quicker, less expensive, and less stressful than contested divorces.

Uncontested divorce has gotten even easier in New York since early 2025, when the state allowed couples to file jointly for this type of divorce, as long as they agree on the "irretrievable breakdown" ground for their divorce (as discussed above) as well as the other issues. You can download the uncontested joint divorce forms from the New York Courts website, along with instructions for completing and filing the forms.

How Will a Judge Divide Property in a New York Divorce?

New York uses "equitable distribution" rules in divorce. That means unless couples have agreed on how they'll divide their property and debts when they divorce, a judge will decide what would be fair under the circumstances. Note that "equitable" doesn't necessarily mean an equal, 50-50 split of the assets and debts.

When deciding on a fair property division, the judge must consider a long list of specific factors, including the length of the marriage and each spouse's probable financial circumstances in the future. (Learn more about property division in New York divorces, including all of the factors that go into the judges' decisions, as well as what counts as marital and separate property.)

(N.Y. Dom. Rel. Law § 236(B)(5) (2025).)

When Do Judges Award Alimony in New York?

In New York, alimony is called "spousal maintenance." Unlike most other states, New York uses a formula for calculating a recommended amount of spousal maintenance after a divorce. The formula is largely based on the spouses' respective incomes and whether the supported spouse will also be receiving child support. If the suggested guideline amount of spousal maintenance would be unjust or inappropriate, the judge may award a higher or lower amount after considering a long list of circumstances in the case.

New York also has a suggested schedule for how long spousal maintenance should last after the divorce, depending on the length of the marriage. Here again, judges may consider other specific circumstances when deciding on the duration of the maintenance payments.

Judges may also award temporary spousal maintenance while a divorce case is proceeding. As with post-divorce maintenance, New York has an official calculator for temporary maintenance, but judges may award a different amount if the calculated amount would be unjust or inappropriate under the circumstances.

(N.Y. Dom. Rel. Law § 236(B)(5-a), (6) (2025).)

Learn more about spousal maintenance in New York, including all of the factors judges will consider when deciding whether to deviate from the guidelines. You can find links to the official spousal maintenance calculators on the New York Courts Maintenance and Child Support Tools page.

Child Custody in New York

Parents are free to come up with a custody agreement, including where their children will live most of the time and a parenting schedule. They'll need to submit their parenting plan to the court, but judges usually approve these agreements as long as they appear to be in the children's best interests.

When the parents can't agree, a judge will have to decide which custody and visitation arrangements would be in the best interests of the child under the circumstances of the case. Unlike most other states, New York law doesn't spell out a list of "best interest factors" that judges must consider. Typically, they'll look into issues such as:

• the child's relationship with each parent and with any siblings
• each parent's ability to provide a stable, safe home for the child
• children's need for stability in their lives, and
• each parent's willingness to support the child's relationship with the other parent

However, when one parent has proven that the other parent engaged in domestic violence against any household member, the judge must consider the effect of the abuse on the child's best interests. The judge must also consider evidence of child abuse when deciding on visitation arrangements that are best for the child.

(N.Y. Dom. Rel. Law § 240(1) (2025).)

New York's Child Support Guidelines

In New York, both parents have a legal duty to support their children until they turn 21. When the parents are divorced or separated, the one who doesn't have the kids most of the time (the noncustodial parent) will usually be obligated to pay child support to the custodial parent. Meanwhile, custodial parents meet their support obligation by paying directly for the children's daily needs, like housing, food, and clothing.

Like all other U.S. states, New York has guidelines for calculating child support. The calculation is primarily based on both parents' income, with adjustments for certain expenses. In some cases, judges may allow a "deviation" from the guidelines if the calculated amount would be unjust or inappropriate based on the circumstances.

Learn how child support works in New York, including what counts as income, when judges may impute income to a parent, and how to enforce or change your existing child support order.

Is There a Mandatory Waiting Period for Divorce in New York?

Unlike some other states, New York doesn't have a mandatory waiting period between the time you file for divorce and when the divorce is final. However, that doesn't mean you can get your final divorce decree right away.

When you've filed for an uncontested divorce, the amount of time it takes will largely depend on how busy the court is and how soon a judge will be available to review your documents and sign the final divorce judgment. Typically, it takes several weeks.

A contested divorce can take anywhere from several months to a year or more, depending on whether you and your spouse can eventually reach a settlement agreement (usually with the help of your lawyers) and, if not, whether you need to go to trial.

Do You Need a Lawyer for Your Divorce?

Many couples can handle an uncontested divorce on their own, without hiring lawyers. If you're having trouble agreeing with your spouse about some or all of the issues in your divorce, you can try mediation. Once you have a comprehensive settlement agreement, you also have the option of filing for divorce online. In addition to providing you with the completed forms, some of these services will also file the divorce papers for you (for an extra fee).

Still, it could be a good idea to hire a lawyer to draft your settlement agreement—or at least review the agreement before you sign—to make sure you haven't left something out or given up your legal rights.

And you should strongly consider speaking with a lawyer if you and your spouse simply can't agree on all the issues in your divorce, even after trying mediation. Contested divorces involve extra steps and legal proceedings that are difficult to navigate without the help of an experienced family law attorney. And if your spouse has a lawyer, you'd be at a serious disadvantage attempting to go through the process without your own legal representation.

You can take our quiz to help decide whether a DIY divorce is a good option for you.