Filing for divorce is never easy, but knowing the steps can help. If you’re wondering how to file for divorce in NY, this guide will walk you through the process in simple terms.
At Krasner Law, we help people across New York handle divorce with care and clarity. Our goal is to make each step easier to manage. Our family law attorney in Westchester NY and family law attorney in NYC are ready to assist.
How to File for Divorce in NY
Step 1: Make Sure You Meet the Residency Requirements
Before you can file for divorce in New York, the court needs to confirm that you or your spouse has a real, ongoing connection to the state. This is called meeting the residency requirement, and it’s the very first step in the divorce process.
So, what does that mean exactly?
To file for divorce in New York, you need to meet at least one of the following conditions:
- You or your spouse has lived in New York for at least the past two years. This is the most common situation. If one of you has lived in the state without moving away for two full years before filing, you qualify.
- You or your spouse has lived in New York for the past year, and one of these is also true:
- You got married in New York
- You and your spouse lived in New York as a married couple
- The reason for the divorce (like the breakdown of the relationship) happened in New York
- You and your spouse both currently live in New York, and the events leading to the divorce happened in the state.
If none of these apply yet, you’ll probably need to wait until you meet one of them. Trying to file without meeting the residency requirement can delay your case or get it dismissed by the court.
According to the New York State Division of Legal Affairs, these residency requirements help establish the court’s jurisdiction over your case.
Why does the residency rule matter?
New York courts can’t handle your divorce case unless there’s a clear legal connection to the state. These rules help prevent people from “court shopping” or filing in places that don’t have the right to hear the case.
What counts as living in New York?
To meet the requirement, you need to live in the state continuously. That means New York is your main home, even if you took short trips out of state. Moving out for an extended time or setting up residence somewhere else could affect whether you qualify.
What if only one of us lives in New York?
That’s fine. Only one spouse needs to meet the residency requirement. If your spouse moved away, but you still live in New York and meet one of the timelines above, you can file for divorce here.
What if we got married somewhere else?
You don’t have to get married in New York to file here. As long as you meet one of the residency rules listed above, you’re still eligible. Many couples move to New York after they get married elsewhere, and they file here once they’ve lived in the state long enough.
What if we’re separated but still live in New York?
If you both currently live in the state, and the breakdown of your marriage happened here, that’s enough to meet the rule, even if you’re no longer living together as a couple. For more on this, understand the differences between legal separation vs divorce.
At Krasner Law, we can help you figure out whether you meet New York’s residency rules for divorce. If you do, we’ll walk you through the next steps. If not, we’ll help you understand what’s needed and how long you might need to wait before filing. Taking the time to get this first step right helps everything else go more smoothly.
Step 2: Choose the Reason for Your Divorce
Once you know you meet the residency requirements, the next step is choosing the reason you’re filing for divorce. In New York, this reason is called your grounds for divorce. Learn more about New York divorce types.
When you file, the court will ask why you want to end the marriage. This isn’t about pointing fingers, it’s about meeting the legal requirement to move forward. There are two main options in New York: no-fault and fault-based divorce.
No-Fault Divorce (Most Common)
A no-fault divorce is the easiest and most common type in New York. It means the marriage has been broken for at least six months, and there’s no reasonable chance of getting back together. You don’t have to prove that either person did something wrong. You’re simply saying that the relationship isn’t working anymore.
Why choose a no-fault divorce?
- It’s usually faster (learn how long a divorce takes)
- It’s often less expensive (explore divorce cost details)
- You don’t have to share personal or painful details in court
- It helps reduce tension, especially if you have children
Do both spouses have to agree? No. Only one spouse needs to say the marriage has broken down. If one person wants a divorce, they can still move forward with a no-fault case, even if the other doesn’t agree.
What does “broken beyond repair” really mean? It doesn’t need to be dramatic. It just means that the marriage isn’t working, and you’ve tried or decided not to fix it. You don’t have to be separated for six months, just be able to say that things haven’t worked for that long.
Fault-Based Divorce
A fault-based divorce means one spouse is blaming the other for causing the end of the marriage. This path requires you to prove that something specific happened.
In New York, fault-based reasons include:
- Cruel treatment – Emotional or physical abuse that makes it unsafe to stay married
- Abandonment – If your spouse left you and stayed away for one year or more, either physically or emotionally
- Adultery – If your spouse was unfaithful during the marriage
- Imprisonment – If your spouse was in jail for three years in a row after you got married
Why would someone choose a fault-based divorce?
- They want the court to consider a spouse’s bad behavior
- The actions may have affected finances, safety, or child custody
- They feel the situation should be officially acknowledged
But be aware: fault-based divorces are more complicated. You’ll need evidence to support your claim, like documents, photos, or witness testimony. These cases often take longer and can lead to more court time and legal costs.
Which One Should You Choose?
This depends on your situation.
For many people, a no-fault divorce is the better choice. It’s simpler, more private, and often less stressful. Even if your marriage ended on bad terms, going the no-fault route can help you move forward faster.
However, there are times when a fault-based divorce may be helpful, especially if:
- Your spouse’s actions caused harm to you or your children
- Their behavior had a financial impact
- You’re trying to protect your parenting rights
- You want their misconduct considered when dividing assets or deciding support
Do I Need to Decide This Alone?
No. You don’t have to figure it out by yourself.
At Krasner Law, we’ll talk with you about your situation and help you decide which path makes the most sense. We’ll explain the pros and cons of each option and guide you through the process from start to finish. For more reasons for hiring a divorce attorney, consider our insights.
Whether your divorce is simple or complicated, we’re here to protect your rights and help you take the next step with clarity and confidence.
Step 3: Learn the Basics of Divorce Laws in New York
Now that you’ve chosen your reason for filing, the next step is understanding how divorce laws in New York work. These laws help the court decide how to handle your property, money, and, if you have kids, your parenting plan. Knowing what to expect can make the process feel a lot more manageable.
Here’s a breakdown of the key parts of New York divorce law.
Property and Finances
In New York, anything you or your spouse earned, saved, or bought during the marriage is usually considered marital property. It doesn’t matter whose name is on the title or who paid for it, if it was acquired during the marriage, it’s likely shared.
Marital property can include:
- Homes
- Vehicles
- Joint bank accounts
- Retirement plans (like 401(k)s and pensions)
- Credit card debt or loans
- Businesses started or grew during the marriage
So what happens to all this stuff in a divorce? New York uses something called equitable distribution. That means the court divides marital property fairly, but not always equally. One spouse may get a larger share based on their needs or contributions. For more information, read about property division in divorce.
Is everything divided? No. Property you had before the marriage, or things you inherited or received as a gift just for you, may be considered separate property, but only if it was kept completely separate from marital finances. It’s smart to speak with a lawyer if you’re unsure what counts as marital or separate. Learn more about separate vs marital property.
Spousal Support (Alimony)
Sometimes, one spouse needs financial help after the divorce. This is called spousal support, also known as alimony.
Spousal support is designed to help one person adjust, especially if they earned less or gave up work to care for the family. It’s not automatic. The court looks at the full picture before deciding if support is necessary.
There are two main types of support:
- Temporary support – Paid while the divorce is still in progress
- Post-divorce support – Paid after the divorce is finalized
The court will look at:
- Both spouses’ incomes and earning potential
- How long did the marriage last (e.g., how long do you have to be married to get alimony)
- Each person’s health and age
- Whether one spouse gave up a job or education for the marriage
- The standard of living during the marriage
Can we agree on spousal support without going to court? Yes. If both spouses agree on an amount and how long it will be paid, you can include it in your settlement. But the court still has to approve it to make sure it’s fair.
Child Custody and Support
If you have children, divorce laws in New York make their health, safety, and well-being the top priority. The court wants to make sure your children are cared for and that both parents stay involved whenever possible. For specific information, explore child custody laws in New York.
There are two types of custody:
- Legal custody – The right to make big decisions for the child (like school, medical care, or religion)
- Physical custody – Where the child lives most of the time
Custody can be:
- Joint – Both parents share responsibilities (joint custody in NYC)
- Sole – One parent has full responsibility, while the other may have visitation (sole custody defined)
The court will look at:
- Each parent’s ability to care for the child
- Who has been the child’s main caregiver?
- Each parent’s work schedule and living situation
- The relationship between the child and each parent
- Any history of domestic violence, neglect, or substance abuse (child protection)
- What the child wants (if they’re old enough to express a clear preference)
Do parents have to go to court to settle custody? Not always. If you and your spouse agree on a parenting plan, you can write it up and submit it to the court for approval. If you can’t agree, a judge will decide.
Understanding types of restraining orders can help you prepare for custody discussions and know what to expect during the process.
Child Support
Child support is money paid by one parent to the other to help cover the child’s basic needs. In most cases, the parent who spends less time with the child pays support to the parent who has primary custody.
Child support covers things like:
- Food
- Clothing
- Housing
- School supplies
- Health insurance
- Childcare or after-school care
New York uses a formula to calculate support. It’s based on both parents’ incomes and how many children are involved. The final number may be adjusted depending on things like special medical needs or education costs. Read more about child support.
Can we agree on a different amount? You can, but the court still has to approve it to make sure the child is being properly supported.
Do We Still Need a Court Order If We Agree?
Yes. Even if you and your spouse agree on everything, from who gets the car to how you’ll split custody, it’s important to get a written agreement approved by the court. This makes it legally enforceable. If anything changes or one person doesn’t follow through, the court can step in to help.
At Krasner Law, we’ll help you understand how New York divorce laws apply to your situation. Whether it’s property, support, or custody, we’ll explain your options in plain language and help you reach an agreement that protects your rights and your family.
Step 4: Fill Out and File the Divorce Forms
Once you’ve confirmed you meet the residency rules and decided on your grounds for divorce, the next step is to start the paperwork. This part can feel intimidating, but it’s manageable when broken down step-by-step.
What forms do I need to file for divorce in New York?
At a minimum, you’ll need to complete the following:
- Summons with Notice or Summons and Complaint – These forms tell your spouse that you’re starting a divorce case and explain the basic terms of what you’re asking for.
- Verified Complaint – This is a detailed statement that explains the legal reason (grounds) for the divorce and what you’re asking the court to decide, like child custody, property division, or spousal support.
- Additional forms – If you and your spouse have already agreed on things like dividing property or parenting plans, there are forms you can include to document those agreements.
If your case is understanding what is a contested divorce (meaning you both agree on everything), there are simplified forms you may be able to use. If one party doesn’t agree, you can learn how long a divorce takes if one party doesn’t agree.
Where do I file these forms?
Once everything is filled out and signed, you’ll file the documents with the Supreme Court in the county where you or your spouse lives. In New York, divorce cases are handled by the Supreme Court, not Family Court.
Is there a fee to file for divorce?
Yes. There’s a filing fee, which is usually around $210. You may also have to pay for additional paperwork, like a Request for Judicial Intervention (RJI), which costs extra. If you can’t afford the fees, you can ask the court for a fee waiver by filing a special form explaining your financial situation.
What happens after I file?
Once your forms are accepted by the court, you’ll be given an index number. This number is like your case ID. You’ll use it on all future court documents to keep everything organized and tracked.
Step 5: Serve the Divorce Papers
After you file your papers with the court, the next step is to serve your spouse with the divorce documents. This means officially delivering the paperwork to let them know a case has been filed. If you are served, and wonder if you have to sign them, read our guide.
Can I serve the papers myself?
No. In New York, you’re not allowed to serve the papers yourself. Instead, someone else, who is at least 18 years old and not involved in the case, must hand-deliver the documents to your spouse.
This person is often called a process server, and you can hire one if needed. In some cases, a trusted friend or relative can do it, as long as they meet the age and legal requirements.
What exactly needs to be served?
Your spouse must receive:
- A copy of the Summons with Notice or Summons and Complaint
- The Verified Complaint
- Any other paperwork you filed with the court
These documents let them know what the case is about and what your requests are for things like property, custody, or support.
How long do I have to serve the papers?
You must serve your spouse within 120 days (about four months) from the date you filed the divorce forms with the court. If you don’t serve them in time, you may have to start over or ask the court for an extension.
What happens after my spouse is served?
Once your spouse receives the papers, they’ll have 20 days to respond if they live in New York, or 30 days if they live outside the state. Their response is called an Answer, and it tells the court whether they agree or disagree with your requests.
If they don’t respond within the deadline, you may be able to move forward with a default divorce. That means the court could grant your divorce based on the paperwork you submitted, even without your spouse participating.
What if I don’t know where my spouse is?
If you’ve tried everything and truly can’t locate your spouse, you may be able to ask the court for permission to serve them by publication. This means placing a legal notice in a newspaper. You’ll need to prove that you made a serious effort to find them first.
At Krasner Law, we help clients complete and file all the right forms and make sure their spouse is properly served. Getting these steps right is key to avoiding delays. Whether your divorce is simple or more involved, we’ll guide you through the process and help you move forward with confidence.
Step 6: Work Through the Divorce (Contested or Uncontested)
Once your paperwork is filed and your spouse has been served, the next step is to work through the divorce itself. This part of the process depends on whether your divorce is uncontested or contested.
What is an uncontested divorce?
An uncontested divorce means that you and your spouse agree on all the major issues. This includes:
- How to divide property and debt
- Whether spousal support (alimony) will be paid
- Who gets custody of the kids and when
- How much child support will be paid?
Since both people are on the same page, this kind of divorce is usually faster, less expensive, and less stressful. In many cases, you may not need to go to court at all. You just submit the signed agreements and paperwork to the judge for review. Read more about what is an uncontested divorce. Also, explore uncontested divorce cost.
Can we still get an uncontested divorce if we disagree at first? Yes. Many couples start with disagreements but reach an agreement after talking things through or using mediation. Once you both agree on everything and put it in writing, it becomes uncontested.
What is a contested divorce?
A contested divorce means you and your spouse do not agree on one or more important issues. These divorces can take more time and often involve court hearings or even a trial. Learn about contested divorce in detail.
You may disagree on things like:
- Who should keep the house
- How to divide retirement accounts
- Whether one spouse should receive support
- Who gets custody of the children?
Contested cases usually involve more paperwork, longer timelines, and higher legal costs. But sometimes, going to court is the only way to resolve serious disagreements.
What if we can’t agree at all? If attempts to work things out fail, the judge will step in and make the final decisions. This can take several months or longer, depending on how complex your case is.
Can we try mediation?
Yes, and many couples do. Mediation is a great way to settle disagreements without going to court. It involves meeting with a trained, neutral third party (the mediator) who helps both sides reach a fair agreement. Explore divorce mediation for your situation.
Mediation is:
- Private
- Less expensive than a trial
- Often quicker than going through the court system
- Helpful if you want to stay on good terms, especially when kids are involved
Is mediation legally binding? Not right away. If you reach a mediation agreement, your lawyer can turn it into a formal divorce settlement. Once approved by the court, it becomes legally binding.
Step 7: Finalize the Divorce
Whether your divorce is uncontested or contested, the final step is getting a Judgment of Divorce from the court.
What happens once everything is agreed upon or decided?
Once all the issues, like property, custody, and support, are worked out and written in your settlement agreement (or decided by a judge), the last step is to submit all required forms and final documents to the court.
A judge will review everything to make sure:
- The terms are fair
- The paperwork is complete
- The custody and support plans are in the best interest of the children
If the judge approves, they’ll sign a Judgment of Divorce, which legally ends your marriage.
What if my case goes to trial?
If your case is contested and can’t be settled, it may go to trial. During the trial, both sides present evidence, call witnesses, and explain their position. The judge will then make the final decisions on any unresolved issues and issue the Judgment of Divorce after the trial ends.
Do I need to go to court in an uncontested divorce? Not always. In many uncontested cases, the judge reviews the paperwork without needing a court appearance. But if anything is missing or unclear, the court may schedule a short hearing.
The New York State Office of Court Administration provides additional resources on divorce procedures and what to expect during the finalization process.
At Krasner Law, we’re here to support you whether your divorce is simple or complicated. We’ll help you understand your options, prepare your agreements, and guide you through the final steps, so you can move forward with peace of mind.
You Don’t Have to Do This Alone
Knowing how to file for divorce in NY is just the first step. The process can still feel stressful and confusing, but you don’t have to do it alone.
At Krasner Law, we’re here to help. We’ll explain your rights, guide you through the process, and work with you every step of the way.
Contact us today to see how we can support you.
