At least one party must have resided in New York for 1 year continuously before filing on most grounds (shorter presence may suffice when the cause of action arose in-state and the parties were married in New York). Grounds: No-fault irretrievable breakdown (DRL § 170(7)) for at least 6 months is the most common ground; traditional fault grounds remain available. Property: equitable distribution. New York is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. That is what separates New York how to file for divorce from a generic national summary. Read N.Y. Dom. Rel. Law §§ 170 to 255 before the background sections below. Waiting period: No statewide cooling-off after filing beyond ordinary Supreme Court calendaring; uncontested divorces can finalize after service, AOD, and required waiting for default. File in Supreme Court in the county of residence of either party (or where the parties last lived as spouses).
Grounds for divorce in New York
No-fault irretrievable breakdown (DRL § 170(7)) for at least 6 months is the most common ground; traditional fault grounds remain available.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to New York.
Property division: equitable distribution
New York is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No statewide cooling-off after filing beyond ordinary Supreme Court calendaring; uncontested divorces can finalize after service, AOD, and required waiting for default.
A concrete New York scenario
Here is one way the New York pieces fit together. Change any fact and the statute may point somewhere else.
A spouse wants to file for divorce in New York and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in New York for 1 year continuously before filing on most grounds (shorter presence may suffice when the cause of action arose in-state and the parties were married in New York).
- Plead grounds New York recognizes: No-fault irretrievable breakdown (DRL § 170(7)) for at least 6 months is the most common ground; traditional fault grounds remain available.
- Expect property division under equitable distribution: New York is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No statewide cooling-off after filing beyond ordinary Supreme Court calendaring; uncontested divorces can finalize after service, AOD, and required waiting for default. A summons with notice or verified complaint starts a divorce in Supreme Court. Automatic orders restrain asset transfers. Contested equitable distribution proceeds under DRL § 236(B). The judgment of divorce resolves property, maintenance, and custody/parenting time.
NYCourts.gov DIY uncontested divorce programs and legal-aid offices assist eligible litigants; NYC and large counties have extensive self-help.
The typical New York divorce process
A summons with notice or verified complaint starts a divorce in Supreme Court. Automatic orders restrain asset transfers. Contested equitable distribution proceeds under DRL § 236(B). The judgment of divorce resolves property, maintenance, and custody/parenting time.
Self-help and when to hire counsel
NYCourts.gov DIY uncontested divorce programs and legal-aid offices assist eligible litigants; NYC and large counties have extensive self-help.
Related New York guides
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Case law: divorce in New York
Mary H. Wilson, Respondent, v. Charles N. Hinman, Appellant
Mary H. Wilson, Respondent, v. Charles N. Hinman, Appellant, 182 N.Y. 408 (1905)
…states that the plaintiff recovered a judgment of absolute divorce against one Balis L. Hinman, by which judgment, as amended, the plaintiff was awarded as alimony the sum of three hundred dollars annually “ so long as she shall live, to be paid by the said defendant in equal monthly payments; that said judgment further provided that the defendant in the action should give sec…
Practitioners open Mary H. Wilson, Respondent, v. Charles N. Hinman, Appellant when New York divorce turns on the distinction in this sentence: "states that the plaintiff recovered a judgment of absolute divorce against one Balis L. Hinman, by which judgment, as amended, the plaintiff was awarded as alimony the sum of three hundred dollars annually “ so long as she shall live, to be paid by the said defendant in equal mon" Do not lift it out of the facts the court was deciding.
In the Matter of the Estate of Elisha W. Ensign, Deceased
In the Matter of the Estate of Elisha W. Ensign, Deceased, 103 N.Y. 284 (1886)
…ore than half a century, is assailed on this appeal. That a divorced wife, however innocent, has no right to a distributive share in the personal estate of her divorced husband, upon his death intestate, has been conceded until a very recent period, but is now asserted to have been all the time a mistake, which should be at last corrected. A single provision of the statute rela…
On divorce, In the Matter of the Estate of Elisha W. Ensign, Deceased speaks to the New York dispute in this passage: "ore than half a century, is assailed on this appeal. That a divorced wife, however innocent, has no right to a distributive share in the personal estate of her divorced husband, upon his death intestate, has been conceded until a very recent period, but is now asserted to have be" The surrounding opinion shows how the court applied that language to the record.
Effie J. Van Blaricum, Respondent, v. Georgiana H. Larson Et Al., Appellants, Impleaded With Others
…ribed. The question, presented by this appeal, is whether a divorce a vinculo matrimonii, which this plaintiff obtained in the state of Indiana, barred her right to claim dower in land within *358 this state of her former husband, owned by him during the marriage. The fact that the marriage of the plaintiff with Larson was dissolved stands admitted; but it is contended that dow…
Effie J. Van Blaricum, Respondent, v. Georgiana H. Larson Et Al., Appellants, Impleaded With Others is worth reading on New York divorce because the court put the point in its own words: "The question, presented by this appeal, is whether a divorce a vinculo matrimonii, which this plaintiff obtained in the state of Indiana, barred her right to claim dower in land within *358 this state of her former husband, owned by him during the marriage." Use that passage as the starting point, then read the facts that precede it.
Leon G. Dodge and Others v. Lillian Campbell (Calling Herself Mary Alexander Dodge) and Others
…of residence required in actions in this State brought for divorce or separation. Section 7-a of the Domestic Relations Law contains no provision for such jurisdictional requirements. Under the complaint the following facts bearing on the proposition may be established: The marital domicile of Lilhan and John F. Campbell was always in Pennsylvania, where their separation occur…
New York opinions such as Leon G. Dodge and Others v. Lillian Campbell (Calling Herself Mary Alexander Dodge) and Others are cited where divorce is disputed. The court stated: "State brought for divorce or separation. Section 7-a of the Domestic Relations Law contains no provision for such jurisdictional requirements. Under the complaint the following facts bearing on the proposition may be established: The marital domicile of Lilhan and John F." That is the language to brief; the rest of the decision supplies the procedural posture.
Patricia Mahoney v. John Mahoney, Sr.
Patricia Mahoney v. John Mahoney, Sr., 131 A.D.2d 822 (1987)
…ed an action in New York seeking, inter alia, a judgment of divorce on the ground of abandonment, maintenance and equitable distribution of the marital property. In June 1986 a final judgment of divorce was entered in Florida. In addition to dissolving the parties’ marriage, the Florida court reserved jurisdiction over all marital assets in the State of Florida. Significantly,…
Patricia Mahoney v. John Mahoney, Sr. is worth reading on New York divorce because the court put the point in its own words: "New York seeking, inter alia, a judgment of divorce on the ground of abandonment, maintenance and equitable distribution of the marital property. In June 1986 a final judgment of divorce was entered in Florida." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Estate of Mindy S. Schwartz
In the Matter of the Estate of Mindy S. Schwartz, 133 Misc. 2d 1064 (1986)
…3, 1978. On or about August 19, 1983, Mindy Sue commenced a divorce proceeding in the Supreme Court, Nassau County. In August 1985, she was found dead at her residence in Woodmere, New York. At the time of her death, the divorce proceeding had not yet progressed to trial. In the proceeding for letters of administration, the court granted temporary letters of administration to t…
In the Matter of the Estate of Mindy S. Schwartz is worth reading on New York divorce because the court put the point in its own words: "On or about August 19, 1983, Mindy Sue commenced a divorce proceeding in the Supreme Court, Nassau County. In August 1985, she was found dead at her residence in Woodmere, New York. At the time of her death, the divorce proceeding had not yet progressed to trial." Use that passage as the starting point, then read the facts that precede it.
Susan C. Potter, Also Known as Susan C. Davie v. Clifford M. Davie
Susan C. Potter, Also Known as Susan C. Davie v. Clifford M. Davie, 275 A.D.2d 961 (2000)
…tic partner”, and business partner of six years, seeking a “divorce” and equitable distribution of the alleged “marital” property; division of the alleged “domestic partnership” assets; dissolution of the alleged business partnership; damages for breach of an alleged business partnership agreement and distribution of the alleged business partnership assets; and imposition of a…
New York opinions such as Susan C. Potter, Also Known as Susan C. Davie v. Clifford M. Davie are cited where divorce is disputed. The court stated: "tic partner”, and business partner of six years, seeking a “divorce” and equitable distribution of the alleged “marital” property; division of the alleged “domestic partnership” assets; dissolution of the alleged business partnership; damages for breach of an alleged business par" That is the language to brief; the rest of the decision supplies the procedural posture.
Donna J. Valinoti v. Gerard J. Valinoti — Lazer, J., dissenting
Donna J. Valinoti v. Gerard J. Valinoti — Lazer, J., dissenting, 100 A.D.2d 904 (1984)
…discretion in staying entry of an interlocutory judgment of divorce containing no financial provisions. Since I believe the discretion was soundly exercised, I dissent. 11 Plaintiff’s suit for divorce on the ground of abandonment, and seeking equitable distribution, maintenance and counsel fees, was met by the husband’s motion for reverse partial summary judgment based on this.…
On divorce, Donna J. Valinoti v. Gerard J. Valinoti — Lazer, J., dissenting speaks to the New York dispute in this passage: "Since I believe the discretion was soundly exercised, I dissent. 11 Plaintiff’s suit for divorce on the ground of abandonment, and seeking equitable distribution, maintenance and counsel fees, was met by the husband’s motion for reverse partial summary judgment based on this." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Residency: At least one party must have resided in New York for 1 year continuously before filing on most grounds (shorter presence may suffice when the cause of action arose in-state and the parties were married in New York).
- Grounds: No-fault irretrievable breakdown (DRL § 170(7)) for at least 6 months is the most common ground; traditional fault grounds remain available.
- Property: equitable distribution — New York is an equitable-distribution state.
- Waiting period: No statewide cooling-off after filing beyond ordinary Supreme Court calendaring; uncontested divorces can finalize after service, AOD, and required waiting for default.
- Filing forum: Supreme Court in the county of residence of either party (or where the parties last lived as spouses).
- Primary authority: N.Y. Dom. Rel. Law §§ 170 to 255.
Residency and where to file
At least one party must have resided in New York for 1 year continuously before filing on most grounds (shorter presence may suffice when the cause of action arose in-state and the parties were married in New York). File in the Supreme Court in the county of residence of either party (or where the parties last lived as spouses). Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Frequently asked questions
How long do I have to live in New York before filing for divorce?
At least one party must have resided in New York for 1 year continuously before filing on most grounds (shorter presence may suffice when the cause of action arose in-state and the parties were married in New York).
Is New York a community-property state?
New York follows equitable distribution. New York is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in New York?
NYCourts.gov DIY uncontested divorce programs and legal-aid offices assist eligible litigants; NYC and large counties have extensive self-help.
What happens to child custody in a New York divorce?
Custody and parenting time are decided under New York’s best-interests framework. See child custody and parenting time in New York.
This guide covers New York law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.