Divorce in New York: Laws, Requirements, and Process
A complete guide to getting a divorce in New York. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 1 year in the state (or 2 years if neither the marriage nor the grounds occurred in NY).
- Waiting period: No mandatory waiting period after filing.
- Filing fee: $335 - $400.
Grounds for Divorce
New York allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the relationship for at least 6 months.
Fault-Based Grounds
New York also recognizes these fault-based grounds for divorce:
- Cruel and inhuman treatment
- Abandonment for one or more years
- Imprisonment for 3 or more consecutive years
- Adultery
- Living apart pursuant to a separation judgment or agreement for one or more years
Residency Requirements
1 year in the state (or 2 years if neither the marriage nor the grounds occurred in NY).
Property Division
New York is an equitable distribution state. New York follows equitable distribution. Courts divide marital property fairly based on factors including the income and property of each party, the duration of the marriage, the age and health of each party, the need of a custodial parent to remain in the marital residence, the loss of pension or health insurance benefits, and any wasteful dissipation of assets.
Alimony / Spousal Support
New York courts use a statutory formula to calculate temporary maintenance during the divorce. For post-divorce maintenance, courts consider factors including the income and property of both spouses, the duration of the marriage, the age and health of both parties, the present and future earning capacity of each party, and the contributions of the non-monied spouse as homemaker.
Child Custody
New York courts determine custody based on the best interest of the child. Factors include the quality of the home environment, each parent's ability to guide the child, the child's wishes, the stability of each parent's household, and any history of domestic violence.
Child Support
New York uses the income shares model via the Child Support Standards Act (CSSA). The non-custodial parent pays a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children.
Filing Fee
The filing fee for divorce in New York is $335 - $400. Fee waivers may be available for those who cannot afford to pay.
New York court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in New York?
New York allows no-fault divorce when the relationship has been irretrievably broken for at least 6 months. The state also recognizes fault-based grounds including cruel treatment, abandonment, imprisonment, adultery, and living apart under a separation agreement.
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How long do you have to live in New York to file for divorce?
The residency requirement depends on the connection to New York. If the marriage or grounds occurred in the state, at least one spouse must have been a resident for at least 1 year. If neither the marriage nor the grounds occurred in NY, the requirement is 2 years.
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How is property divided in a New York divorce?
New York uses equitable distribution. Courts divide marital property fairly based on 13+ statutory factors including income, the duration of the marriage, contributions of each spouse, and the needs of each party.
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How long does a divorce take in New York?
New York has no mandatory post-filing waiting period. Uncontested divorces can be finalized in approximately 3 to 6 months. Contested cases in New York often take 9 months to 2 years or more.