How to File for Divorce in New York.

How to File for Divorce in New York (2025 Guide)

Filing for divorce in New York can feel overwhelming, but this step-by-step guide will walk you through the entire process — whether you’re filing with a lawyer or doing it yourself.

✅ Who Can File for Divorce in New York?

Before filing, make sure you meet New York’s residency requirements. You can file for divorce in New York if:

• You and your spouse were married in New York, and one of you has lived here for at least one year, OR

• You both live in New York when the divorce starts, OR

• You’ve lived in New York for at least two years, regardless of where you were married.

✅ Grounds for Divorce in New York

New York is a no-fault divorce state, meaning you can simply state that the marriage has been “irretrievably broken” for at least six months.

Other grounds (like adultery, abandonment, or cruel treatment) still exist but are rarely used today.

✅ Step-by-Step Guide to Filing for Divorce in New York

1️⃣ Fill Out the Required Forms

Start by completing the following:

• Summons with Notice OR Summons and Verified Complaint

• Affidavit of Service

• Sworn Statement of Removal of Barriers to Remarriage (if applicable)

• For uncontested divorces, use the New York State Unified Court System’s Divorce Packet.

2️⃣ File Your Papers

• File your divorce papers with the County Clerk’s Office in the county where you or your spouse live.

• Pay the filing fee (usually around $210 for the index number, plus other fees later).

3️⃣ Serve Your Spouse

• Your spouse must be personally served with the papers within 120 days of filing.

• A third party (not you) who is over 18 and lives in New York must complete the Affidavit of Service.

4️⃣ Spouse Responds (or Defaults)

• Your spouse has 20 days (if served in NY) or 30 days (if served outside NY) to respond.

• If they don’t respond, you can move forward with a default divorce.

5️⃣ Submit Additional Documents

You’ll need to complete and submit:

• Affidavit of Plaintiff

• Child Support Worksheet (if children involved)

• Note of Issue

• Request for Judicial Intervention (RJI)

If it’s uncontested, you can submit a proposed Judgment of Divorce and skip the court appearance.

6️⃣ Final Judgment

Once the judge reviews and signs the Judgment of Divorce, it’s official.

Make sure to obtain a certified copy for your records.

✅ Divorce with Children in New York

When children are involved, the court addresses:

• Legal custody (decision-making)

• Physical custody (where the child lives)

• Visitation (parenting time)

• Child support (based on NY Child Support Standards Act)

You may also be required to attend parenting classes or mediation.

✅ Can You File Without a Lawyer?

Yes — especially in uncontested divorces. The state provides DIY resources and instructions.

However, if you have property, children, or disputes, legal help is recommended.

✅ Summary Checklist

✅ Meet residency rules

✅ Fill out and file divorce papers

✅ Serve your spouse

✅ Respond or request default

✅ Submit affidavits and financials

✅ Wait for judgment

🔒 Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Contact a licensed New York attorney for personalized help.