How to File for Divorce in New York (2026)
Reviewed by DocDraft Legal Team · New York · Last updated 2026-05-18
In New York, divorce is a creature of the New York code, not a one-size national form. New York splits property under equitable distribution (a fair, not automatically equal, split) and treats a divorce as granted when the marriage is irretrievably broken. Residency is the gate: Grounds arose in New York and either spouse resided in New York for one continuous year before filing, or both spouses are New York residents at commencement, or the parties married or lived as a married couple in New York and either has resided there one continuous year. This guide lays out the New York-specific filing sequence and the statutes, beginning with N.Y. Dom. Rel. Law § 170, that govern it.
Key Considerations
When a New York court divides what a couple owns, it applies fair-but-not-equal equitable-distribution. Equitable distribution: courts weigh 14 statutory factors (income and property at marriage and filing, marriage duration, age and health, future financial circumstances, each spouse's contribution to acquiring marital property). Equitable does not mean equal; uneven splits are routine. The controlling authority is N.Y. Dom. Rel. Law § 236(B)(5).
Maintenance is its own analysis here. Maintenance has two stages: temporary maintenance during the divorce uses a statutory formula, post-divorce maintenance uses a separate formula with a guideline amount and an advisory duration scaled by marriage length. The income cap on the formula is statutorily indexed. The controlling sections are N.Y. Dom. Rel. Law § 236(B)(5-a); N.Y. Dom. Rel. Law § 236(B)(6).
Where children are involved, New York applies an income-shares model Child Support Standards Act: the non-custodial parent pays 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, at least 35% for five or more, applied to combined income up to a periodically updated cap, with add-ons for health insurance, child care, and unreimbursed medical costs. See N.Y. Dom. Rel. Law § 240(1-b), with the official calculator.
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Relevant Documents
In New York, Summons with Notice or Summons and Verified Complaint filed in the Supreme Court of the county where either spouse resides; the Verified Complaint may incorporate the Statement of Net Worth (UCS-138) required in any contested action
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
New York Domestic Relations Law § 170 - Grounds for Divorce
This law outlines the legal grounds for divorce in New York, which include: irretrievable breakdown of the marriage for at least 6 months (no-fault divorce), cruel and inhuman treatment, abandonment for at least 1 year, imprisonment for 3+ consecutive years, adultery, and living apart pursuant to a separation agreement or judgment for at least 1 year. Understanding these grounds is essential as they determine the legal basis for your divorce filing.
New York Domestic Relations Law § 236 - Equitable Distribution
New York follows equitable distribution principles when dividing marital property during divorce. This means assets acquired during the marriage are divided fairly (not necessarily equally) based on factors including length of marriage, age and health of spouses, income and property of each spouse, contributions to marital property, and future financial circumstances. This law directly impacts how your assets and debts will be divided.
New York Domestic Relations Law § 240 - Child Custody and Support
This statute governs child custody and support determinations in New York divorces. Courts make decisions based on the 'best interests of the child' standard, considering factors like parental ability, home stability, and child's preferences (if age-appropriate). New York also uses specific guidelines to calculate child support based primarily on parental income and the number of children.
New York Domestic Relations Law § 237 - Attorney's Fees
This law allows courts to order the monied spouse to pay the legal fees of the non-monied spouse in divorce proceedings. This provision helps ensure both parties have equal access to legal representation regardless of financial disparity, which may be relevant if there's a significant income difference between you and your spouse.
New York Domestic Relations Law § 250 - Residency Requirements
To file for divorce in New York, you must meet specific residency requirements. Either: (1) you were married in NY and either spouse has lived there for at least 1 year before filing; (2) you lived as spouses in NY and either spouse has lived there for at least 1 year before filing; (3) the grounds for divorce occurred in NY and either spouse has lived there for at least 1 year; or (4) either spouse has been a NY resident for at least 2 years before filing.
Regional Variances
New York City vs. Upstate New York
Divorce cases in NYC are typically processed through the Supreme Court in one of the five boroughs. NYC courts tend to have longer processing times due to higher case volumes. Attorney fees are generally higher in NYC, with average hourly rates ranging from $350-$500. Property division may reflect the high value of NYC real estate, and courts may be more accustomed to handling high-value marital estates.
The divorce process in Albany may move more quickly than in NYC due to lower case volumes. Attorney fees are typically lower, averaging $250-$350 per hour. As the state capital, Albany courts may have judges particularly well-versed in the nuances of New York divorce law.
Suffolk County courts handle a high volume of divorce cases but may move more efficiently than NYC courts. The county has specific local rules for matrimonial cases. Property division often involves consideration of suburban homes and vacation properties common in Long Island communities.
Urban vs. Rural Counties
Erie County has established specific divorce mediation programs to reduce court backlogs. The county offers more accessible self-help resources for pro se litigants than many rural counties. Cost of living differences are factored into maintenance (alimony) calculations.
Rural counties like Delaware, Hamilton, and Essex may have fewer specialized family court resources. Courts in these areas may meet less frequently, potentially extending the timeline for divorce proceedings. Local attorneys may have closer relationships with judges and court staff, potentially facilitating more informal resolution processes.
Specialized Divorce Programs by County
Westchester has implemented a specialized Matrimonial Part system with judges dedicated exclusively to divorce cases. The county offers robust alternative dispute resolution programs, including specialized divorce mediation services. Courts here are experienced with high-asset divorces due to the county's affluent population.
Monroe County has pioneered a Collaborative Law program that encourages non-adversarial divorce processes. The county has specific local rules for custody evaluations that may differ from other jurisdictions. The Seventh Judicial District (including Monroe County) has specialized procedures for expedited divorces in certain circumstances.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingGrounds arose in New York and either spouse resided in New York for one continuous year before filing, or both spouses are New York residents at commencement, or the parties married or lived as a married couple in New York and either has resided there one continuous year (N.Y. Dom. Rel. Law § 230).
State the grounds
Before filing days after startingNo-fault on irretrievable breakdown for at least 6 months; fault grounds also available (N.Y. Dom. Rel. Law § 170).
Start the action: file the petition with the court
At filing days after startingSummons with Notice or Summons and Verified Complaint filed in the Supreme Court of the county where either spouse resides; the Verified Complaint may incorporate the Statement of Net Worth (UCS-138) required in any contested action Expect a filing fee of $210 index number plus $125 Request for Judicial Intervention plus $95 Note of Issue. A fee waiver is available: Fee waiver via a Poor Person Order under CPLR § 1101.
Plan for the mandatory timing rule
After filing days after startingNo fixed statutory cooling-off period; timeline is driven by the disclosure and Note of Issue process Set by N.Y. Dom. Rel. Law § 170.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Obtain the final judgment
Final step days after startingAfter timing and any custody, support, and property terms are settled, the court signs the decree of dissolution.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | Grounds arose in New York and either spouse resided in New York for one continuous year before filing, or both spouses are New York residents at commencement, or the parties married or lived as a married couple in New York and either has resided there one continuous year (N.Y. Dom. Rel. Law § 230). | - | Before filing |
| State the grounds | No-fault on irretrievable breakdown for at least 6 months; fault grounds also available (N.Y. Dom. Rel. Law § 170). | - | Before filing |
| Start the action: file the petition with the court | Summons with Notice or Summons and Verified Complaint filed in the Supreme Court of the county where either spouse resides; the Verified Complaint may incorporate the Statement of Net Worth (UCS-138) required in any contested action Expect a filing fee of $210 index number plus $125 Request for Judicial Intervention plus $95 Note of Issue. A fee waiver is available: Fee waiver via a Poor Person Order under CPLR § 1101. | divorce-petition | At filing |
| Plan for the mandatory timing rule | No fixed statutory cooling-off period; timeline is driven by the disclosure and Note of Issue process Set by N.Y. Dom. Rel. Law § 170. | - | After filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Obtain the final judgment | After timing and any custody, support, and property terms are settled, the court signs the decree of dissolution. | - | Final step |
Frequently Asked Questions
Grounds arose in New York and either spouse resided in New York for one continuous year before filing, or both spouses are New York residents at commencement, or the parties married or lived as a married couple in New York and either has resided there one continuous year. This is set by N.Y. Dom. Rel. Law § 230.
No-fault on irretrievable breakdown for at least 6 months; fault grounds also available. The governing statute is N.Y. Dom. Rel. Law § 170.
New York uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: courts weigh 14 statutory factors (income and property at marriage and filing, marriage duration, age and health, future financial circumstances, each spouse's contribution to acquiring marital property). Equitable does not mean equal; uneven splits are routine. See N.Y. Dom. Rel. Law § 236(B)(5).
$210 index number plus $125 Request for Judicial Intervention plus $95 Note of Issue. Fee waiver via a Poor Person Order under CPLR § 1101.
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