How Do I File for Divorce in New York?

Every state has its own rules and procedures for getting a divorce. Here's what you need to know to get started with your divorce in New York.

The Different Routes to Divorce

Depending on your circumstances, one of three paths to getting a divorce will be appropriate for you:

• You can follow the traditional route and get an attorney to represent you from the start.
• You can choose to use an online divorce service. These companies will provide the completed forms, based on your answers to a questionnaire. But be aware that these services normally only handle "uncontested" divorces (more on that below).
• You can opt to handle the divorce on your own. If you take this road, you'll need to understand and follow the state's requirements, including where to file your case and what steps to take after that. This article will give you an overview of those requirements and steps.

Qualifying for Divorce

If you want to file for divorce in New York, you must meet two basic qualifications: a legally acceptable reason ("ground") for ending your marriage, and a residency requirement.

Grounds for Divorce in New York

New York allows both "fault" and "no-fault" grounds for divorce. When you file for a fault-based divorce, you'll claim (and have to prove) that your spouse engaged in certain wrongful conduct:

• cruelty that endangers your physical or mental well-being
• adultery
• abandonment for at least a year, or
• imprisonment (for three or more years during the marriage).

In contrast, no-fault grounds don't point a finger of blame at either spouse. New York has two no-fault grounds:

• Separation. To qualify, you and your spouse must've lived apart for at least a year under either a written separation agreement or a legal separation decree, as long as you can show that both of you have met all the provisions in the agreement or decree.
• Irretrievable breakdown of the marriage for six months. This means you and your spouse can't get along, and there's no reasonable prospect of that changing.

(N.Y. Dom. Rel. Law § 170 (2025).)

New York Residency Requirements for Divorce

You can get a divorce in New York if you meet one of the state's residency requirements. Typically, you'll qualify if:

• you were married in New York or lived there together as a married couple, and at least one of you has lived there continuously for one year just before you file for divorce, or
• either spouse has been a state resident for two years before the filing date.

New York also has separate residency requirements that apply when the ground for your divorce happened in the state. (N.Y Dom. Rel. Law § 230 (2025).)

Preparing and Filing Your Forms

You can file for an uncontested divorce in New York if:

• you're requesting a no-fault divorce based on the irretrievable breakdown of your marriage (as discussed above), and
• you and your spouse have reached a settlement agreement that addresses all of the issues in your divorce, including the division of your property and debts, spousal maintenance ("alimony"), child custody, and child support,

New York now allows couples to file uncontested joint divorce forms, which means they'll prepare and sign the forms together. You can download the uncontested joint divorce forms from the court's website. There are separate packets of forms, depending on whether you have children under age 21. The site also provides a booklet with full instructions on how to fill out and file the forms.

If you haven't been able to reach an agreement by the time you file your initial paperwork, you'll need to at least start the process with a contested divorce. The New York Courts don't provide official forms online for contested divorces. You might be able to get copies from the court clerk's office, but you should consider at least speaking with a lawyer (more on that below).

Bring the completed forms (along with two copies) to the Supreme Court clerk's office in the county where you're starting the divorce (typically, the county where either you or your spouse resides). The clerk will assign an index number for your case, which you must include on all your divorce forms.

Be prepared to pay the various New York court filing fees (which total $335 as of March 2025 but are always subject to change). If you can't afford to pay because of financial hardship, you can apply for a fee waiver.

Serving and Responding to Divorce Forms

If you've filed for an uncontested joint divorce, you can simply make sure that both you and your spouse have copies of all the signed forms.

When you haven't filed for divorce jointly, you'll need to serve your spouse with the divorce papers within 120 days after you've filed them with the court. Usually, you'll do this by arranging to have another person (who's at least 18 years old and isn't directly involved in the divorce) hand deliver the documents to your spouse or your spouse's lawyer. However, you may mail the papers by first-class mail (along with a pre-stamped return envelope) as long as your spouse is willing to sign an acknowledgment of service. (N.Y. C.P.L.R. §§ 306-B, 312-a, 2103(a) (2025).)

There are different rules for service if your spouse lives outside New York state. Also, if you've tried but haven't been able to find your spouse, you may ask the court to approve an alternate method of service (such as publishing a notice in a newspaper).

Also, if the two of you didn't file for an uncontested joint divorce, your spouse will have to file a response within 20 days after being personally served with the divorce complaint (or 30 days after out-of-state service).

• If the divorce is uncontested (but you didn't file jointly), your spouse should sign and file an "Affidavit of Defendant in Action for Divorce."
• In a contested divorce, your spouse will file an answer with an objection to something in the complaint.

(N.Y. C.P.L.R. § 320 (2025).)

If your spouse doesn't respond in time, you may request a default divorce judgment. (N.Y. Dom. Rel. Law § 211 (2025).)

When Do You Need a Lawyer to Get Divorced?

If you're filing for an uncontested joint divorce, the process is relatively easy and quick. And if you're having trouble reaching a settlement agreement on your own, you can try divorce mediation. The cost of private divorce mediation can vary widely, but it's almost always a lot cheaper than paying lawyers for a drawn-out court battle.

Even with an uncontested divorce, however, it can be a good idea to have a lawyer write your divorce settlement agreement—or at least review the agreement before you sign it—to make sure you haven't forgotten something important or inadvertently given up your rights.

Getting legal representation is almost crucial if you and your spouse can't agree on the issues—particularly if you have minor children, own significant assets, or your spouse has already hired a lawyer. Navigating all of the legal steps involved in a contested divorce would require familiarizing yourself with New York's complex divorce laws, as well as the state's rules regarding evidence and discovery (the legal process for getting information from your spouse). That's a heavy lift for a non-lawyer. A qualified divorce attorney will know the intricacies of the law, as well as the ins and outs of the court system.

Remember, you're likely going to have to live with the results of your case well after the divorce is over. If, down the road, you realize you made a mistake, there's no guarantee you'll be able to correct it. So it pays to get it right the first time.