How to File for Divorce in New York
Complete guide to New York divorce process, forms, and requirements for 2025
Steps to File for Divorce in New York
1
Meet Residency Requirements
Various residency options: married in NY, lived in NY, or grounds occurred in NY. Generally 1-2 years depending on circumstances.
2
File the Summons
File a Summons With Notice or Summons and Complaint with the Supreme Court. NY allows no-fault (irretrievable breakdown for 6+ months) or fault-based grounds.
3
Serve Your Spouse
Your spouse must be served. They have 20-30 days to respond depending on service method.
4
Complete Statement of Net Worth
Both parties must exchange detailed financial disclosure via Statement of Net Worth.
5
Attend Court Conferences
Attend preliminary and compliance conferences. Uncontested cases may proceed to Judgment.
6
Obtain Judgment of Divorce
After all issues resolved and papers submitted, receive your Judgment of Divorce.
New York Divorce Requirements
Residency Requirement
Varies
Multiple residency options: 1-2 years depending on where married, lived, or grounds occurred.
Waiting Period
None
New York has no mandatory waiting period after filing. Processing time varies.
Filing Fees
$335
Filing fee is $335. Index number fee additional. Fee waivers available.
Required New York Divorce Forms
Summons With Notice
Initiates divorce action
Verified Complaint
Details grounds and relief sought
Statement of Net Worth
Comprehensive financial disclosure
Affidavit of Defendant
Defendant response in uncontested
Findings of Fact
Conclusions supporting judgment
Contested vs. Uncontested Divorce in New York
Uncontested Divorce
- Both spouses agree
- Use DIY packet
- Submit all papers together
- May not need court appearance
- Lower costs
- Faster process
Contested Divorce
- Spouses disagree
- Multiple conferences
- Discovery required
- Can take 1-3 years
- May need trial
- Higher costs
Important Things to Know
New York has complex residency requirements with multiple qualifying scenarios. The state follows equitable distribution for property division. Uncontested divorces can use the DIY packet available from the court system.
New York-Specific Considerations
- New York is an equitable distribution state
- No mandatory waiting period after filing
- Complex residency requirements
- Statement of Net Worth required
- Uncontested divorce packet available
Ready to Start Your New York Divorce?
Splitifi helps you navigate the divorce process with document preparation, expense tracking, and guided support.