Divorce in New York: How It Works, Step by Step (2026 Guide)
New York family law · Last reviewed October 7, 2026
New York grants divorces in the Supreme Court, which, despite its name, is the state's main trial court. The most common ground is no-fault: a marriage that has been irretrievably broken for at least six months. There's no waiting period after filing, property is divided by equitable distribution, and both spousal maintenance and child support follow formulas written into the Domestic Relations Law.
This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it. The divorce law is in the Domestic Relations Law (DRL), and the procedure is in the Civil Practice Law and Rules and the court's matrimonial rules.
New York divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Court | Supreme Court, in a county where either spouse or a minor child lives | CPLR 515 |
| Residency | Usually 2 years, or 1 year plus a New York connection (five alternatives) | DRL § 230 |
| No-fault ground | Marriage irretrievably broken for at least 6 months, stated under oath | DRL § 170(7) |
| Waiting period after filing | None | DRL § 170 |
| Court fees | $335 ($210 index number + $125 note of issue and RJI), statewide | CPLR 8018, 8020 |
| Automatic orders | Bind both spouses from filing and service | DRL § 236(B)(2)(b) |
| Property | Equitable distribution of marital property | DRL § 236(B)(5) |
| Maintenance | Formula; payor income cap $241,000 (March 1, 2026) | DRL § 236(B)(5-a), (6) |
| Child support | 17% to 35% of combined income; cap $193,000 (March 1, 2026) | DRL § 240(1-b) |
| Child support ends | Age 21 | DRL § 240(1-b) |
| Custody | Best interests; no prima facie right in either parent | DRL § 240(1)(a) |
| Remarriage | No waiting period beyond the 24-hour marriage license wait | DRL §§ 8, 13-b |
Who can file for divorce in New York
New York has five residency tests. You qualify if one of these was true when the case began (DRL § 230):
- You married in New York, and either spouse has lived here continuously for the year before filing.
- You lived in New York as a married couple, and either spouse has lived here for the year before filing.
- The grounds arose in New York, and either spouse has lived here for the year before filing.
- The grounds arose in New York, and both spouses live here when the case is filed.
- Either spouse has lived in New York continuously for the two years before filing.
The residence must exist when the action is commenced. Since February 19, 2025, the case must be filed in a county where either spouse lives or, if there are minor children, where a child lives (CPLR 515), with an exception for confidential addresses.
Grounds
| Ground | What it requires | DRL |
|---|---|---|
| Irretrievable breakdown (no-fault) | Broken down for at least 6 months; one spouse says so under oath; all money and custody issues resolved before judgment | § 170(7) |
| Cruel and inhuman treatment | Conduct that makes it unsafe or improper to live together | § 170(1) |
| Abandonment | For one year or more | § 170(2) |
| Imprisonment | Three or more consecutive years after the marriage | § 170(3) |
| Adultery | As defined in the statute | § 170(4) |
| Separation judgment | Living apart 6 months or more after a judgment of separation | § 170(5) |
| Separation agreement | Living apart 6 months or more under a signed, acknowledged and filed separation agreement | § 170(6) |
Almost everyone uses the no-fault ground. Your spouse doesn't have to agree that the marriage is over, but the judgment waits until property, maintenance, child support, fees and custody are settled or decided.
Which New York divorce route fits your case?
A quick sort using Domestic Relations Law §§ 170 and 230 and the court system’s programs. A starting point, not advice.
Step by step
1. File the summons
The spouse who files (the plaintiff) buys an index number for $210 and files a Summons with Notice or a Summons and Verified Complaint with the county clerk. Filing starts the case. Spouses who agree on everything and haven't filed yet can instead use the Joint Divorce program and file together. See uncontested divorce and forms.
2. Automatic orders take effect
From the moment of filing for the plaintiff, and service for the defendant, automatic orders bar both spouses from selling or hiding property, raiding retirement accounts, running up unreasonable debt, dropping each other or the children from health insurance, or changing life insurance beneficiaries. Since January 20, 2026, a spouse who learns of a tax lien, foreclosure, bankruptcy or lawsuit that could hurt the marital estate must notify the other in writing within ten days (DRL § 236(B)(2)(b)).
3. Serve your spouse
Your spouse must be served within 120 days of filing (CPLR 306-b), personally, by an adult who isn't a party, unless a court orders another method (DRL § 232). Serve the Notice of Automatic Orders, the Notice of Guideline Maintenance and the health coverage notice with the summons.
4. The response, or a default
A spouse served in person in New York has 20 days to appear; otherwise 30 days after service is complete (CPLR 320(a)). A spouse who agrees can sign the Affirmation of Defendant (UD-7). If your spouse doesn't respond, you can proceed on default after 40 days, but the court still needs written proof (DRL § 211).
5. Financial disclosure
In a contested case, each spouse files a sworn Statement of Net Worth and supporting documents, and the court holds a preliminary conference within 45 days after a judge is assigned. See property division.
6. Temporary relief
While the case is pending, a spouse can ask for temporary maintenance (by formula), temporary child support, temporary custody, exclusive use of the home, and counsel fees, with a presumption in favor of the less monied spouse (DRL § 237).
7. Settle, or try the case
Most cases settle in a written agreement, which must be signed and acknowledged like a deed. Unresolved issues go to trial before a judge.
8. The judgment
In an uncontested case, the papers go to the judge after the note of issue and request for judicial intervention ($125). Once the judge signs the Judgment of Divorce and the county clerk enters it, the divorce is final. Serve it with a Notice of Entry, which starts the 30-day appeal clock (CPLR 5513).
Money and children: how New York decides
Property. Marital property, meaning nearly everything acquired during the marriage until the case starts, whatever the title, is divided equitably under 16 factors. Inheritances, gifts from third parties, premarital property and personal injury awards are separate. A spouse's degree or license isn't divided. See property division.
Maintenance. A statutory formula, with the payor's income counted up to $241,000, an advisory duration schedule tied to the length of the marriage, and a self-support reserve. See spousal maintenance.
Child support. 17% of combined parental income for one child, up to 35% for five or more, on income up to $193,000, split in proportion to income, until age 21. See child support.
Custody. The child's best interests, with no presumption for either parent, mandatory consideration of proven domestic violence, and no fixed age for a child's preference. See child custody.
Separation and annulment
Legal separation still exists in New York. A spouse can seek a judgment of separation on fault grounds or, since February 17, 2026, on a no-fault ground. DRL § 200(6):
6. The relationship between the spouses has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.
Couples can also separate by a written separation agreement. After six months apart under a separation judgment or a properly signed and filed agreement, either can be converted into a divorce (§ 170(5)–(6)).
Annulment is available on the grounds in DRL § 140, such as a spouse who was still married to someone else, a spouse under the age of consent, incapacity, or consent obtained by force, duress or fraud.
After the divorce
- Remarriage: "either party may marry again" (DRL § 8), subject only to the usual 24-hour license wait.
- Name: every judgment includes a provision letting each spouse resume a former surname (DRL § 240-a).
- Records: certified copies from the county clerk; a divorce certificate from the Department of Health for divorces since 1963. Files are confidential for 100 years. See divorce records.
- Health insurance: a former spouse "may or may not be eligible" to stay on the other's plan (DRL § 255).
- Changes: child support can be modified for a substantial change, after three years, or after a 15% income change; maintenance for a substantial change in circumstances.
What's new in New York divorce law
| Effective | Change | Law |
|---|---|---|
| Jan. 1, 2024 | Affirmations may replace notarized affidavits on most sworn papers (but not matrimonial agreements) | CPLR 2106; L.2023 ch.559, L.2025 ch.564 |
| Sept. 27, 2024 | Child support: imputed income requires written findings based on the parent's actual circumstances; incarceration is never voluntary unemployment | L.2024 ch.357 |
| Feb. 19, 2025 | New venue rule: file in a county where either spouse or a minor child lives | CPLR 515; L.2024 ch.638 |
| Jan. 15, 2025 | Uncontested Joint Divorce program available statewide | Court system |
| Jan. 20, 2026 | Automatic orders: ten-day notice of liens, foreclosures, bankruptcies and lawsuits | L.2025 ch.535 |
| Feb. 17, 2026 | Separation-to-divorce conversion periods cut from one year to six months; new no-fault separation | L.2025 ch.673; L.2026 ch.73 |
| Mar. 1, 2026 | Maintenance cap $241,000; child support cap $193,000; self-support reserve $21,546 | Court system, under DRL § 236 and § 240 |
Pending, not law: Kyra's Law (S5998-C/A6194-C), on child safety in custody cases, passed both houses in June 2026 but had not been signed as of October 2026. A bill to presume shared parenting (A4786) has seen no action.
Common myths about divorce in New York
| Myth | What the law says |
|---|---|
| You need two years of residency. | Two years is one of five tests; one year is enough with a New York connection (§ 230). |
| There's a waiting period after filing. | No. The six months is about the marriage, before filing. |
| You must live apart for a year before divorcing. | Not for no-fault. Conversion of a separation now takes six months (§ 170(5)–(6)). |
| My spouse can block the divorce by refusing to sign. | The no-fault ground needs only your sworn statement; the money and custody issues are then decided. |
| Divorce records are public. | Files are confidential for 100 years (DRL § 235). |
| Child support ends at 18. | It runs to 21 (§ 240(1-b)). |
| Family Court can grant a divorce. | Only the Supreme Court grants divorces. |
Frequently asked questions
How long do you have to live in New York to get a divorce?
Two years of continuous residence by either spouse, or one year if you married in New York, lived here as a married couple, or the grounds arose here. If the grounds arose here and both spouses live here, there's no minimum period.
How long does a divorce take in New York?
There's no waiting period after filing. An uncontested divorce depends mainly on service and the court's review; a contested divorce can take a year or more.
How much does a divorce cost in New York?
Court fees are $335 in every county. Lawyers and experts in a contested case cost far more, and the court can order the higher earner to contribute to the other spouse's counsel fees. The fees can be waived for people who can't afford them.
Is New York a no-fault divorce state?
Yes. The no-fault ground requires a sworn statement that the marriage has been irretrievably broken for at least six months. Fault grounds still exist but are rarely needed.
Is New York a 50/50 divorce state?
No. New York uses equitable distribution: marital property is divided fairly after weighing 16 factors, which isn't always equally.
Can I get divorced in New York without a lawyer?
Yes. The court system publishes free uncontested divorce forms, a Joint Divorce packet and a free DIY program. A lawyer is wise when there's significant property, a business, maintenance or a custody dispute.
Does New York recognize legal separation?
Yes. You can get a judgment of separation, including on a no-fault ground since February 17, 2026, or sign a separation agreement. Either can be converted into a divorce after six months apart.