New York Divorce Guide

Divorce in New York

New York adopted no-fault divorce in 2010, making the process significantly more accessible. An uncontested divorce where both parties agree on all issues can now be completed without attorney representation.

Get Divorce Documents — $97 NY Legal Documents

Grounds for Divorce in New York (DRL § 170)

Most Common

Irretrievable Breakdown — No-Fault (§ 170(7))

The relationship has broken down irretrievably for at least six months and there is no reasonable possibility of reconciliation. This is the most commonly used ground — no fault need be assigned to either spouse. All ancillary issues (property, custody, support) must be resolved before a no-fault divorce is granted.

Cruel and Inhuman Treatment (§ 170(1))

Physical or mental cruelty that endangers the physical or mental well-being of the plaintiff. The cruelty must be proven with specificity. Used when a spouse needs immediate protection or cannot afford to wait for no-fault.

Abandonment (§ 170(2))

The defendant has abandoned the plaintiff for one or more years. Includes both actual abandonment (leaving the home) and constructive abandonment (refusing conjugal relations).

Imprisonment (§ 170(3))

The defendant has been confined in prison for three or more consecutive years after the marriage and before the divorce action.

Adultery (§ 170(4))

The defendant committed adultery. Rarely used because of the difficulty of proof, the condonation defense, and the availability of simpler no-fault divorce.

Separation Agreement or Judgment (§ 170(5)(6))

The parties have lived apart pursuant to a written separation agreement or judgment of separation for one or more years, and fully performed the agreement.

New York Divorce Residency Requirements (DRL § 230)

At least one of the following must be satisfied to file for divorce in New York:

2 years continuous residency

Either spouse has been a New York resident for at least 2 years before filing.

1 year + NY marriage or NY living

Either spouse lived in New York for at least 1 year AND the parties were married in New York, OR both parties resided in New York at some point during the marriage.

1 year + grounds arising in NY

Either spouse lived in New York for at least 1 year AND the grounds for divorce arose in New York.

Both parties NY residents at filing

Both parties are currently residents of New York at the time of filing, regardless of how long.

Uncontested Divorce Process (No Appearance Required)

New York allows a fully "by mail" uncontested divorce where neither party must appear in court if both parties agree on all issues and complete the required forms.

Reach a Settlement Agreement

Both parties must agree on all issues: division of marital property and debt, maintenance (alimony), child custody and parenting time (if applicable), and child support. This agreement is memorialized in a Stipulation of Settlement.

Complete Required Forms

Forms required include: Summons with Notice (UD-1 or index number), Verified Complaint (UD-2), Affidavit of Defendant (UD-7 — spouse waives right to contest), Affidavit of Plaintiff (UD-6), Note of Issue (UD-9), Child Support Worksheet (if children), and Judgment of Divorce (UD-11). Fees: $210 index number filing fee.

File with Supreme Court (County of Residence)

Divorce in New York is filed in the Supreme Court (not Family Court) of the county where either spouse resides. NYC boroughs: Manhattan = New York County, Brooklyn = Kings County, Queens = Queens County, Bronx = Bronx County, Staten Island = Richmond County.

Serve Defendant (if uncontested)

The Summons with Notice must be personally served on the defendant. The defendant completes and files the Affidavit of Defendant acknowledging service and waiving their right to contest.

Submit Judgment Package

Submit all completed forms to the court clerk. The clerk reviews the package. If accepted, the package is sent to a judge for signature. For uncontested divorces with no appearance, this can take 4–12 weeks depending on the county.

Receive Judgment of Divorce

The judge signs the Judgment of Divorce. The clerk enters it in the records and returns a certified copy. The divorce is finalized on the date the judgment is entered in the county clerk's records.

Property Division: Equitable Distribution (DRL § 236)

New York is an equitable distribution state — marital property is divided fairly, but not necessarily equally. Only marital property is subject to division; separate property is retained by the original owner.

Marital Property (Subject to Division)

•Income and assets acquired during the marriage
•Marital home (regardless of whose name)
•Retirement accounts accrued during marriage
•Business interests built during marriage
•Debts incurred for marital purposes

Separate Property (Not Divided)

•Property owned before marriage
•Inheritances received by one spouse (even during marriage)
•Personal injury compensation (for pain and suffering)
•Property excluded by valid prenuptial agreement
•Gifts received from third parties

Child Support in New York (CSSA Formula)

New York uses the Child Support Standards Act (CSSA, DRL § 240) formula. The non-custodial parent pays a percentage of combined parental income:

Number of Children	Percentage of Combined Income
1 child	17%
2 children	25%
3 children	29%
4 children	31%
5+ children	35% minimum

The cap on combined parental income subject to the formula is currently $163,000 (adjusted periodically). Income above the cap is at the court's discretion. Add-ons include childcare, health insurance, and education expenses.

New York Divorce Documents

Complete Uncontested Divorce Packet

Get all required New York uncontested divorce forms — Summons, Complaint, Affidavits, Stipulation of Settlement, and Judgment of Divorce — formatted for New York Supreme Court.

Get New York Divorce Documents — $97

For informational purposes only. Not legal advice. Consult an attorney for your specific situation.