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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.

Open the Divorce Petition guide

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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