Considering a Divorce in New York?
Understanding the grounds, residency requirements, and the difference between contested and uncontested proceedings.
We know that the process is never as simple as it seems. Our goal is not to provide a one-size-fits-all solution—every divorce is different. This guide familiarizes those contemplating divorce with the essential decisions needed to determine whether to end their marriage.
1. Residency Requirements (Jurisdiction)
To file for divorce in New York, you must have specific ties to the state. You cannot simply move here and file immediately. You generally meet the requirements if:
- Continuous Residency (2 Years): Either spouse has lived in NY continuously for at least two years before filing.
- Residency (1 Year) + Link: Either spouse lived in NY for one year AND (1) you married in NY, (2) lived in NY as a couple, or (3) the grounds happened in NY.
- Current Residents + Grounds: Both are residents on the day of filing AND the grounds for divorce happened in NY.
2. You Need a Reason (Grounds)
New York requires a legal reason to end the marriage. While “No-Fault” is the most common, others still exist in the law.
Irretrievable Breakdown
The relationship has broken down irretrievably for a period of at least 6 months. This is the most common ground (“No-Fault”).
Cruel & Inhuman Treatment
Specific acts that endanger the physical or mental well-being of the spouse, making it unsafe to cohabit.
Abandonment
Voluntary separation for at least one year without consent.
Imprisonment / Adultery
Imprisonment for 3+ years or commission of adultery are also valid grounds.
3. Contested vs. Uncontested
The cost and speed of your divorce depend entirely on whether you and your spouse can agree.
Uncontested
Your spouse agrees to the divorce AND agrees on ALL terms (custody, support, property). This is faster and less expensive.
Contested
Your spouse does not agree to the divorce OR disagrees on specific terms. This requires judicial intervention.
4. The Process Overview
File Papers
Purchase an Index Number and file the Summons with Notice or Summons and Complaint.
Serve Your Spouse
Your spouse must be personally served with the papers. They will either answer or default.
Resolution
The case is disposed of by Settlement or Trial/Inquest.
Judgment of Divorce
The Court signs the Judgment. Congrats, you are single!