How To Get Divorce In New York | SRIS, P.C.
How To Get Divorce In New York: A Step-by-Step Legal Guide
Understanding how to get a divorce in New York requires handling specific state laws and court procedures. A no-fault divorce in New York is based on an irretrievable breakdown of the marriage for at least six months, as defined by New York Domestic Relations Law (DRL) § 170. The Law Offices Of SRIS, P.C.
This guide explains the legal steps for how to get divorce in New York, from establishing grounds to finalizing the judgment. The process involves filing a summons with notice or summons and complaint, serving your spouse, and addressing critical issues like equitable distribution, maintenance (alimony), and child support. Each case has unique financial and personal considerations that require careful legal strategy.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
New York Divorce Law and Grounds
New York divorce law is primarily governed by the Domestic Relations Law (DRL). The state recognizes both fault and no-fault grounds. Since 2010, no-fault divorce has been available under DRL § 170(7), which requires that the relationship between husband and wife has broken down irretrievably for a period of at least six months. This is the most commonly used ground today. Fault grounds include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, and adultery. Understanding which ground applies to your situation is the first step in determining how to get divorce in New York.
Filing for divorce initiates automatic orders under DRL § 236 that restrain both parties from transferring or disposing of marital property and from changing beneficiaries on insurance policies. These orders remain in effect until the final judgment or further court order.
- Determine Residency and Grounds: Ensure you or your spouse meet New York’s residency requirement (one party must have lived in the state for at least one year before filing, or two years if married out-of-state and both parties are non-residents). Decide whether to file on no-fault or fault grounds.
- Prepare and File Initial Papers: Draft a summons with notice or a summons and verified complaint. File these documents with the County Clerk’s office in the county where you or your spouse resides and pay the required filing fee ($335 for the index number).
- Serve Your Spouse: Have your spouse served with the divorce papers by a process server, sheriff, or another authorized adult who is not a party to the action. You cannot serve the papers yourself. File proof of service with the court.
- Address Financial Disclosure and Temporary Issues: Both parties must exchange a sworn Statement of Net Worth detailing assets, debts, income, and expenses. File a Request for Judicial Intervention (RJI, $95 fee) to bring the case before a judge. You may need to address temporary spousal support, child support, or custody through pendente lite motions.
- handle Discovery and Negotiation: Engage in the discovery process to exchange financial documents. Attempt to resolve issues of property division, maintenance, child custody, and support through negotiation, mediation, or collaborative law. If an agreement is reached, a stipulation of settlement is drafted.
- Finalize the Divorce: If the case is uncontested, submit the signed settlement agreement, affidavits, and other required forms for the judge’s review and signature. If contested, the case proceeds to trial. Once the judge signs the judgment of divorce, it is entered with the County Clerk.
Key Issues in a New York Divorce
In New York, a divorce involves resolving equitable distribution of marital property, potential maintenance (alimony), and, if children are involved, custody and child support.
Understanding how to get divorce in New York means addressing several core legal issues defined by statute:
- Equitable Distribution (DRL § 236): Marital property is divided equitably (fairly), which does not necessarily mean equally. The court considers factors like the income and property of each party, the duration of the marriage, and the future financial circumstances of each party.
- Maintenance (Alimony): New York has statutory formulas for calculating both temporary (pendente lite) and post-divorce maintenance, considering the income of both parties and the length of the marriage.
- Child Custody: Determined based on the “best interests of the child” standard, considering factors like parental fitness, the child’s wishes, and stability.
- Child Support: Calculated using a percentage of the combined parental income (17% for one child, 25% for two, etc.) up to a combined income cap of $163,000. The court may order support above the cap.
For official information, refer to the New York State Legislature website and the New York County Supreme Court website.
Legal Guidance for Your New York Divorce
The Law Offices Of SRIS, P.C., founded in 1997, provides representation in family law matters. Our approach focuses on understanding the specific financial and personal dynamics of each case to pursue a resolution that protects your interests. We are familiar with the procedures of the New York County Supreme Court and the nuances of New York’s equitable distribution and support laws.
Results may vary. Prior results do not aim for a similar outcome.
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How To Get Divorce In New York: Frequently Asked Questions
What are the residency requirements to file for divorce in New York?
Yes, you or your spouse must have lived in New York State continuously for at least one year before filing. If you were married outside New York and both spouses are non-residents, the requirement is two years of continuous residence by one spouse.
How long does an uncontested divorce take in New York?
It depends. If all paperwork is correctly filed and both parties agree on all terms, an uncontested divorce in New York County can typically be finalized in 3 to 6 months from the initial filing date. Delays can occur due to court backlogs or procedural errors.
What is the difference between equitable distribution and community property?
New York is an equitable distribution state. This means marital property is divided fairly based on several statutory factors, not necessarily 50/50. Community property states, like California, generally mandate an equal split of marital assets.
Do I need an attorney to get a divorce in New York?
No, you are not legally required to have an attorney. However, the process involves complex financial disclosure, legal standards for support, and binding court procedures. An experienced How To Get Divorce In New York Attorney can protect your rights, ensure proper valuation of assets, and help you handle negotiations or litigation.
How is child support calculated in New York?
New York uses an income shares model with a percentage formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. This applies to combined income up to $163,000; the court has discretion for income above that cap.
Can I get alimony (maintenance) in New York?
It depends. The court may award temporary or post-divorce maintenance based on a statutory formula that considers the payer’s income, the recipient’s income, and the length of the marriage. The formula provides guidelines, but judges can deviate based on specific circumstances.
For more information on related legal matters, see our pages on New York Family Law, Divorce Lawyer in Kings County (Brooklyn), and Criminal Defense Lawyer in New York County (Manhattan).
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.