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New York Divorce Petition

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Introduction

In New York, the Verified Complaint (Form UD-2) is the sworn court pleading that opens an 'action for divorce' and asks a Supreme Court justice to end the marriage and settle everything tied to it, including custody, support, and property. A leaner Summons With Notice (Form UD-1) can launch the same case, filed by a Plaintiff against a Defendant once you buy an index number. New York grants a no-fault divorce only when the marriage 'has broken down irretrievably for a period of at least six months' (DRL § 170(7)), and you cannot file at all until you satisfy the residency rule in DRL § 230. Most commonly you meet it by showing that either spouse resided in New York continuously for one year before filing, paired with a New York marriage, New York spousal residence, or grounds that arose in New York, or, absent any of those ties, for a continuous two years. There is no statutory post-filing waiting period, but the Supreme Court will not sign the judgment until every ancillary issue is resolved, including custody, child and spousal support, and equitable distribution of property under DRL § 236, Part B. The case is an 'action for divorce,' not a 'dissolution,' which in New York is a separate proceeding based on a spouse's absence or presumed death. You commence it by purchasing a $210 index number and filing either a Summons With Notice (Form UD-1) or a Summons and Verified Complaint (Forms UD-1a and UD-2).

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Key Things to Know

  1. 1

    New York skips the label 'petition' entirely: the document that launches the case is the Verified Complaint (Form UD-2), a sworn pleading asking the court to dissolve the marriage and resolve custody, support, and property, or a shorter Summons With Notice (Form UD-1). Either one is filed by a Plaintiff against a Defendant to begin what the statute calls an 'action for divorce.'

  2. 2

    Residency (DRL § 230) is a jurisdictional gate with five paths: (a) you married in New York and either spouse lived here a continuous year before filing; (b) you lived here as spouses and either spouse resided here a continuous year; (c) the grounds arose in New York and either spouse resided here a continuous year; (d) the grounds arose in New York and both were residents when the action began; or (e) either spouse resided here for a continuous two years.

  3. 3

    The no-fault ground requires that the marriage 'has broken down irretrievably for a period of at least six months' before the action (DRL § 170(7)). New York imposes no statutory post-filing waiting period, but the divorce cannot be finalized until custody, support, and property are all resolved.

  4. 4

    New York offers both no-fault and fault grounds. Beyond DRL § 170(7), fault grounds include cruel and inhuman treatment, abandonment for one year, imprisonment for three or more years, and adultery, plus two separation-based grounds (§ 170(5) and § 170(6)) requiring at least one year apart under a separation judgment or written agreement.

  5. 5

    Property is divided by equitable distribution under DRL § 236, Part B. New York is not a community-property state, so marital assets are split fairly rather than automatically 50/50.

  6. 6

    You commence the action by filing a Summons With Notice (Form UD-1) or a Summons and Verified Complaint (Summons Form UD-1a and Verified Complaint Form UD-2), after first purchasing an Index Number. The judgment is issued by the Supreme Court of the State of New York, the trial court of general jurisdiction, because New York keeps no separate 'divorce' or 'family' court for the divorce itself.

  7. 7

    The action costs a $210 index-number fee to commence, and later steps add roughly $95 for the Request for Judicial Intervention and $125 for the note of issue, bringing typical total court fees to about $335.

Key decisions before you file

Before you file a Divorce Petition in New York, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in New York

New York calls the case an "action for divorce," brought by a Plaintiff against a Defendant and heard in the Supreme Court of the State of New York, the trial court of general jurisdiction. Despite the name, New York keeps no separate "divorce court" or "family court" for the divorce judgment itself. The Supreme Court signs it. Note that a New York "dissolution" is a different proceeding based on a spouse's absence or presumed death, not the standard divorce you file here. Before anything reaches the clerk, you must clear the residency wall of DRL § 230.

Who Can File: Residency Under DRL § 230

Section 230 opens five paths: (a) you married in New York and either spouse lived here continuously for one year before filing; (b) you lived here as spouses and either spouse resided here a continuous year; (c) the grounds arose in New York and either spouse resided here a continuous year; (d) the grounds arose in New York and both spouses were residents when the action began; or (e) either spouse resided in New York for a continuous two years. Meet one path, and the court has jurisdiction.

Grounds: Six Months of Irretrievable Breakdown

Under DRL § 170(7), you swear the relationship "has broken down irretrievably for a period of at least six months." No separation agreement is required for this no-fault ground. Fault grounds stay available too: cruel and inhuman treatment, abandonment for one year, imprisonment for three or more years, and adultery. Two separation grounds (§ 170(5) and § 170(6)) each demand at least one year living apart under a separation judgment or written agreement.

Starting the Case: Forms and the $210 Index Number

You commence the action by purchasing an Index Number for $210, then filing either a Summons With Notice (Form UD-1) or a Summons and Verified Complaint (Forms UD-1a and UD-2). Later steps add fees, roughly $95 for the Request for Judicial Intervention and $125 for the note of issue, pushing typical court costs to about $335.

Finishing: Ancillary Issues and Equitable Distribution

New York sets no statutory post-filing waiting period, yet a practical one applies: the court will not finalize the divorce until custody, child and spousal support, and property are all settled. Property follows equitable distribution under DRL § 236, Part B, so marital assets are split fairly rather than automatically 50/50.

To assemble and file the paperwork correctly, start with a state-specific divorce petition (/legal-document/divorce-petition), which maps New York's UD-1 and UD-2 forms, the five § 230 residency paths, and the six-month § 170(7) breakdown ground into a guided, court-ready workflow, so your Summons and Verified Complaint match what the Supreme Court clerk expects the day you buy your index number.

New York Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: DRL § 230: satisfied if (a) the couple married in NY and either spouse resided in NY for a continuous 1 year before filing; (b) the couple lived in NY....

Residency (County)

Must file in the correct county Supreme Court of the.

Grounds for Divorce

Must properly plead grounds: No-fault plus fault. No-fault ground (DRL § 170(7)): 'the relationship between husband and wife has broken down irretrievably for a period of at least six months.' Fault grounds also available:....

Waiting Period

Mandatory waiting period: For the no-fault ground, the irretrievable breakdown must have existed 'for a period of at least six months' before the....

Required Forms

Must file correct state forms: Action is commenced by filing a 'Summons With Notice' (Form UD-1) or a 'Summons and....

Property Division

Property is divided according to: Equitable distribution (not community property). Governed by DRL § 236, Part B. laws.

Filing Fee

Filing fee is typically $210 index-number fee to commence the action (plus additional filing... unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In New York, the divorce petition is the pleading that opens an 'action for divorce' and asks the court to end the marriage. In practice it takes the form of a Verified Complaint (Form UD-2) or a shorter Summons With Notice (Form UD-1), filed by the Plaintiff against the Defendant after purchasing an Index Number. It states your residency basis under DRL § 230 and your grounds, most often the no-fault ground of irretrievable breakdown for at least six months under DRL § 170(7).

In New York, the two are not interchangeable. The standard case that ends a living couple's marriage is an 'action for divorce,' started by the Summons and Verified Complaint described above. A 'dissolution' in New York is a distinct proceeding based on a spouse's absence or presumed death, not the everyday divorce. So if both spouses are living and you want to end the marriage, you file an action for divorce, not a dissolution.

New York's residency requirements come from DRL § 230, which offers five paths. They are satisfied if (a) you married in New York and either spouse resided here a continuous year before filing; (b) you lived in New York as spouses and either spouse resided here a continuous year; (c) the grounds arose in New York and either spouse resided here a continuous year; (d) the grounds arose in New York and both spouses were residents when the action began; or (e) either spouse resided in New York for a continuous two years.

New York allows both no-fault and fault grounds. The no-fault ground (DRL § 170(7)) applies when 'the relationship between husband and wife has broken down irretrievably for a period of at least six months.' Fault grounds include cruel and inhuman treatment, abandonment for one year, imprisonment for three or more years, and adultery, along with two separation-based grounds that require at least one year apart under a separation judgment or written agreement.

No, not for the no-fault ground. Living separate and apart is required only for the two separation-based grounds under § 170(5) and § 170(6), each of which needs at least one year apart under a separation judgment or a written separation agreement. If you file on the irretrievable-breakdown ground under DRL § 170(7), no separation period is required.

You start the case by filing a Summons With Notice (Form UD-1) or a Summons and Verified Complaint (Forms UD-1a and UD-2) with the Supreme Court of the State of New York, after buying an Index Number for $210. Later steps add fees, roughly $95 for the Request for Judicial Intervention and $125 for the note of issue, bringing typical total court fees to about $335. Low-income filers can request a fee waiver.

New York follows equitable distribution rather than community property, governed by DRL § 236, Part B. Marital property is divided fairly according to state law rather than automatically split 50/50, so a judge weighs factors such as each spouse's contributions and circumstances before deciding a distribution.

Yes. As long as you properly serve the Defendant, the court can grant a default judgment even if that spouse refuses to participate. A refusal to sign does not block the divorce, though the case cannot be finalized until custody, support, and equitable distribution are resolved.