Sources and scope: the legal statements below were compared with the linked New York statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
Residency determines whether New York can hear the case
You do not always have to live in New York for two years. That is the broadest route under Domestic Relations Law § 230, but a one-year route may be available when the marriage took place here, the couple lived here as spouses, or the events giving rise to the divorce happened here. If both spouses live in New York when the case starts and the cause occurred here, the statute does not add a one-year minimum.
After residency comes venue—the county where the case may be heard. CPLR 515 generally permits a county where either spouse lives. If the marriage has minor children, the county where one of them lives is another option. A protected or nonpublic address can change the rule, and a court may keep a case in another county for good cause after a motion or order to show cause.
| Residence period | Required New York connection |
|---|---|
| Two continuous years | Either spouse has lived in New York continuously for the two years immediately before filing |
| One continuous year | Either spouse lives here now and the marriage, the couple’s marital residence, or the cause has the required New York connection |
| Both are current residents | The cause occurred in New York and both spouses live here when the case begins |
Most people use no-fault, but New York still has seven grounds
The usual ground is that the relationship has broken down irretrievably for at least six months. One spouse states that under oath. The six months describes the condition of the marriage; it is not a waiting period that starts when papers are filed. A no-fault judgment still has to resolve property, debt, maintenance, child support, fees, custody, and parenting time.
The current statute also keeps fault grounds and two conversion grounds based on living apart under a separation judgment or written agreement. Those two separation periods are now six months, although some older court-help pages still say one year. A fault ground brings proof requirements that the no-fault ground avoids, so use the current forms and statute rather than an old packet.
| Ground | Core statutory requirement |
|---|---|
| Irretrievable breakdown | At least six months, stated under oath by one spouse; all related issues must be resolved before judgment |
| Cruel and inhuman treatment | Conduct that makes continued cohabitation unsafe or improper |
| Abandonment | One year or more |
| Imprisonment | Three consecutive years or more after the marriage |
| Adultery | The statutory act and legally sufficient proof |
| Separation judgment | At least six months apart after the judgment, with substantial performance of its terms |
| Written separation agreement | A qualifying agreement, at least six months apart, and substantial performance |
What happens after you choose the court and case path
1. Pick the right forms
Use the joint-divorce packet only if both spouses qualify, choose no-fault, and will file together with a complete agreement. Otherwise use the ordinary uncontested or contested path that matches the case.
2. Start the action
File a Summons With Notice or a Summons and Verified Complaint with the County Clerk and pay $210 for the index number, unless a fee-waiver order applies.
3. Read the automatic orders
Once served, the automatic orders restrict certain asset transfers, new debt against property, retirement withdrawals, and insurance changes while the case is pending.
4. Deliver the papers correctly
In the ordinary case, arrange personal service and keep the server’s affirmation. An agreeing defendant who signs the current Defendant’s Affirmation and the joint-divorce process follow different delivery rules.
5. See how the defendant responds
A signed Defendant’s Affirmation can let an uncontested case move to calendaring immediately. If the defendant does nothing, the plaintiff ordinarily waits 40 days after service. An answer or disputed issue makes the case contested.
6. Exchange the financial facts
Each side may need tax returns, pay records, account statements, debt records, retirement information, and a sworn statement of net worth. Disputed values or income can lead to formal discovery and expert work.
7. Settle or have the court decide
Every property, debt, maintenance, support, custody, parenting-time, and fee issue must be resolved. The parties can negotiate or mediate; unresolved issues go to the judge.
8. Calendar and finish the case
File the RJI, Note of Issue, and required final papers when the case is ready. After the judgment is signed and entered, serve the Judgment with Notice of Entry and complete any deeds, retirement orders, or account transfers.
Service rules depend on whether the defendant is cooperating
If you are not sure the defendant will sign and return the current Defendant’s Affirmation, the filed papers normally must be handed to the defendant within 120 days. The plaintiff cannot be the server. For service inside New York, CourtHelp says the server must be at least 18 and a New York resident; different qualifications apply outside the state. The signed service affirmation records what was delivered, when, where, and to whom.
If you cannot locate your spouse, ask the Supreme Court clerk about alternative service before assuming that a process server or publication will solve the problem. Under CPLR 306-b, a court may dismiss for missed service or extend the deadline for good cause or in the interest of justice. International service, military status, and confidential addresses can add separate rules.
Uncontested means every required issue is resolved
Agreement on ending the marriage is not enough. If the spouses disagree about a bank account, debt, maintenance, child support, custody, or any other requested relief, the case is contested until that issue is settled. Even agreed cases involving a home, pension, business, family violence, foreign order, or missing spouse may need documents the statewide packet cannot prepare for you.
| Issue | Uncontested path | Contested path |
|---|---|---|
| Agreement | The spouses have settled every required issue | At least one issue still needs negotiation or a court decision |
| Financial information | Complete disclosure still matters because the agreement will become enforceable | Formal discovery, subpoenas, and valuation may be required |
| What the judge does | Reviews the agreement and final packet | Decides unresolved questions after motions, hearings, or trial |
| What controls timing | Service or joint filing, accurate papers, and county review | Disclosure, temporary motions, settlement work, and the court calendar |
| Common cost risk | Fixing drafting errors or implementing incomplete terms | Attorney time, experts, motion practice, and trial preparation |
Gather the records before you sign a settlement
- Write down where each spouse lived, where the marriage took place, and where the events behind the ground occurred; those facts support residency and venue.
- Collect recent tax returns, pay and benefit statements, and the information needed for a sworn statement of net worth.
- Download bank, brokerage, retirement, mortgage, loan, title, deed, insurance, and business records before access changes.
- Keep the oldest statements and transfer records that can trace a premarital account, inheritance, or other separate-property claim.
- For children, gather schedules, school and health information, insurance premiums, child-care bills, and every current custody or support order.
- List the work that remains after judgment: a deed, refinance, retirement order, account transfer, insurance change, income withholding, and service of Notice of Entry.
Questions readers often ask
Frequently asked questions
Which court grants a divorce in New York?
Only New York Supreme Court can grant a divorce. Family Court can hear some support, custody, family-offense, and parentage matters, but it cannot end the marriage.
Do I have to live in New York for two years before filing?
Not always. Two continuous years is the broadest route. A one-year route or the both-current-residents route may work when the marriage, marital residence, or ground has the connection required by DRL § 230.
Is a no-fault divorce automatic after six months?
No. The six months refers to how long the relationship has been irretrievably broken. One spouse must say so under oath, and all financial and parenting issues must be settled or decided before the judgment can be granted.
How soon must the initial divorce papers be served?
The usual deadline is 120 days after the action begins. CPLR 306-b allows an extension for good cause or in the interest of justice, but it requires a court ruling; do not assume extra time.
Can we file a New York divorce together?
New York now has joint-divorce forms for an eligible, fully agreed no-fault case, with separate packets depending on whether there are children under 21. The spouses must use the approved forms, and an action already started with a summons cannot be converted into the joint program.
Sources used for this guide
Official sources
- New York Domestic Relations Law § 230 — Residency
The five ways a spouse can satisfy New York’s residence requirement for a divorce or separation action.
- New York Domestic Relations Law § 170 — divorce grounds
The current text of all seven grounds, including the six-month periods for irretrievable breakdown and the two separation-based grounds.
- New York Courts — Residency and Grounds
CourtHelp’s plain-language residency overview. For the recently changed separation periods, use the current text of DRL § 170.
- New York CPLR 515 — Matrimonial venue
The venue rule effective in 2025: a spouse’s county, a minor child’s county, protected-address exceptions, and a good-cause motion.
- New York CPLR 306-b — Time for service
The 120-day service rule and the court’s power to dismiss or extend the deadline for good cause or in the interest of justice.
- New York Courts — Uncontested Divorce Information and Forms
The current statewide packet, required notices, income worksheets, and links to the forms used to place an uncontested case on the calendar.
- New York Courts — Serving the Defendant
Which papers must be delivered, who may deliver them, the 120-day deadline, and the proof the server returns.