How Long Does a Divorce Take in New York? No Waiting Period, but a Six-Month Rule
New York family law · Last reviewed October 7, 2026
New York is one of the few states with no waiting period between filing and divorce. Nothing in the Domestic Relations Law makes you wait a set number of days or months after you file. What takes time is everything else: the ground itself, serving your spouse, the response period, settling or deciding the money and custody issues, and the court's review.
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CPLR 306-b and 320(a) · the court’s 40-day calendaring rule for uncontested cases · planning dates, not a promise of when a judge will sign
The six-month rule is about the marriage, not the case
The no-fault ground requires that the relationship "has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath" (DRL § 170(7)). That's a fact about the marriage before you file, not a waiting period after. If your marriage has already been broken for six months, you can file today.
The conversion grounds work similarly. Since February 17, 2026, spouses who have lived apart for six months under a judgment of separation or a properly signed and filed separation agreement can convert it into a divorce (§ 170(5)–(6)). For cases started before that date, the period was one year.
The steps that take time
| Step | Time limit | Source |
|---|---|---|
| Serve your spouse | Within 120 days after filing | CPLR 306-b |
| Spouse appears or answers | 20 days after personal delivery in New York; 30 days after service is complete otherwise | CPLR 320(a) |
| Place an unanswered uncontested case on the calendar | 40 days after service, unless the spouse signs form UD-7 | Uncontested Divorce Instructions |
| Seek a default judgment | Within one year after the default, or the case may be dismissed | CPLR 3215(c) |
| Statement of Net Worth (contested cases) | 20 days after a demand, or 10 days after issue is joined | DRL § 236(B)(4)(a) |
| Preliminary conference (contested cases) | Within 45 days after a judge is assigned | 22 NYCRR § 202.16(f) |
Uncontested cases
When both spouses agree, an uncontested divorce is mostly paperwork: file, serve (or have your spouse sign the Affirmation of Defendant), submit the packet, and wait for the judge's review. How long the review takes depends on the county's workload, and papers with mistakes come back for correction. Using the court's current forms and checking every name and date carefully is the best way to avoid delay. The Joint Divorce program, where both spouses file together, skips service altogether.
Contested cases
When spouses disagree, the case follows the court's matrimonial schedule: Statements of Net Worth, a preliminary conference, document exchange and depositions, possibly a forensic custody evaluation and valuations of businesses or pensions, and then settlement talks or trial. The no-fault judgment can't be entered until all the money and custody issues are resolved or decided (§ 170(7)), so a contested case can take a year or more.
When the divorce is final
You are divorced when the judge signs the Judgment of Divorce and it is entered by the county clerk. The court's papers treat these as separate steps: after entry, the plaintiff serves the judgment with a Notice of Entry (form UD-14) and files proof of that service.
Appeals and reopening
A party who wants to appeal must file a notice of appeal "within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry" (CPLR 5513(a)). That's one reason to serve the notice of entry promptly: it starts the other side's appeal clock.
Remarrying
New York has no waiting period to remarry after a divorce. Domestic Relations Law § 8 provides that after a divorce "either party may marry again." The only wait is the general rule that a marriage can't be performed "within twenty-four hours after the issuance of the marriage license" without a court order (§ 13-b).
Frequently asked questions
Is there a waiting period for divorce in New York?
No. New York has no waiting period after filing. The no-fault ground requires a marriage that has been broken for at least six months, but that period runs before filing, not after.
What is the fastest way to get divorced in New York?
An uncontested no-fault divorce, either through the Joint Divorce program or with your spouse signing the Affirmation of Defendant (UD-7), which waives the 40-day wait. Settle every issue in advance and use the court's current forms.
How long does an uncontested divorce take in New York?
There's no fixed time. After filing and service, the main variable is how long the court takes to review the papers, which depends on the county.
Does the separation period have to be one year in New York?
Not anymore. For divorce actions started on or after February 17, 2026, six months of living apart under a separation judgment or a valid, filed separation agreement is enough.
How soon can I remarry after a divorce in New York?
As soon as the judgment is entered. A new marriage license still carries the usual 24-hour wait before the ceremony.