New York Divorce Complaint — Your Filing Guide
What This Document Does
This is a Summons and Complaint for Divorce that you file with the Supreme Court to legally end your marriage. It tells the court about your marriage, your spouse, your grounds for divorce, and what you're asking the court to decide (property division, spousal maintenance, custody, child support).
When to Use This
- You want to legally end your marriage
- You have lived in New York for at least one year
- You meet one of the grounds for divorce in New York
Grounds for Divorce in New York
New York has 7 grounds for divorce:
- Irretrievable Breakdown (No-Fault) — The most common. You just need to state under oath that the marriage has been broken for at least 6 months. No proof of wrongdoing required.
- Cruel and Inhuman Treatment — Your spouse physically or mentally abused you, making it unsafe to live together.
- Abandonment — Your spouse left you for at least one year without good reason.
- Imprisonment — Your spouse has been in prison for 3+ consecutive years.
- Adultery — Your spouse had sexual relations with someone else.
- Separation Judgment — You already have a legal separation judgment, and it's been at least one year.
- Separation Agreement — You and your spouse signed a written separation agreement, and it's been at least one year.
Before You File
Gather these items:
- [ ] Your marriage certificate
- [ ] Proof of New York residency (driver's license, utility bill, lease) for at least 1 year
- [ ] Information about your property (deed, vehicle titles, bank accounts, retirement accounts)
- [ ] Information about your debts (credit cards, loans, mortgage)
- [ ] Proof of income for both spouses (pay stubs, tax returns)
- [ ] If you have children: their birth certificates, Social Security numbers
- [ ] $210 filing fee + $95 RJI fee or fee waiver request
Step-by-Step Filing
- Complete the Summons and Complaint. Fill in every blank. Choose your grounds for divorce.
- Make 3 copies. Keep one for yourself. File the original and two copies.
- Go to the Supreme Court in your county. Divorce cases are filed in Supreme Court (not Family Court). The Supreme Court handles all divorce cases regardless of amount in controversy.
- Pay the filing fee. Approximately $210 for the Summons and Complaint, plus approximately $95 for the RJI (Request for Judicial Intervention).
- If you can't afford the fee: Ask the clerk for a "Poor Person Order" (also called IFP application).
- Get your filed copies. The clerk will stamp your copies with the Index Number.
- Serve your spouse. Your spouse must receive copies of the Summons and Complaint within 120 days of filing. You cannot serve them yourself. Options:
- Professional process server (approximately $50-150)
- Sheriff's deputy
- Anyone over 18 who is not a party to the case
- File the RJI. If your case is contested (your spouse doesn't agree), file a Request for Judicial Intervention ($95 fee) to get a judge assigned.
- Attend your court dates. The court will schedule conferences and possibly a trial.
New York is an Equitable Distribution State
New York does NOT divide property 50/50. Instead, the court divides property "equitably" (fairly) based on factors like:
- How long you were married
- Each spouse's income and property when they married
- Each spouse's income and property when the divorce was filed
- Each spouse's age and health
- Whether one spouse helped the other get an education or career
- Whether one spouse will be custodial parent
- The loss of inheritance and pension rights
- The loss of health insurance benefits
- Any award of maintenance
- Any wasteful dissipation of assets
Spousal Maintenance (Alimony)
New York courts use a formula to determine temporary maintenance during the divorce. For permanent maintenance, the court considers:
- The length of the marriage
- Each spouse's income and earning capacity
- Each spouse's education and training
- The standard of living during the marriage
- Each spouse's age and health
- Whether there are children and who has custody
Child Support
New York uses a formula based on both parents' income:
- 17% of combined income for 1 child
- 25% for 2 children
- 29% for 3 children
- 31% for 4 children
- 35% for 5 or more children
At Your Court Appearances
Bring:
- Your filed Summons and Complaint
- Marriage certificate
- Proof of residency
- Financial documents
- Property records
- Any settlement agreement
- If you have children: birth certificates, proof of income
Say:
- "Your Honor, I am [YOUR NAME]. I filed for divorce on [DATE]."
- "I am requesting a divorce on the grounds of [irretrievable breakdown / other ground]."
- Be respectful. Answer the judge's questions directly.
Legal Aid Resources
If you need free legal help:
- Legal Aid Society (NYC): (212) 577-3300 — Free legal services for low-income New Yorkers
- LawHelpNY: https://www.lawhelpny.org — Find legal aid by county
- NYC Bar Legal Referral Service: (212) 626-7373 — Low-cost consultations
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.