How Do I File for Divorce in NYC?
The Steps to Filing for Divorce in New York
Short Answer
To file for divorce in New York, you must meet the state’s residency requirement, then file a Summons with Notice (or Summons and Complaint) in the Supreme Court of the county where you or your spouse lives, citing your grounds — most commonly the no-fault ground. Your spouse is then served, and the case proceeds through the court.
Step 1: Meet the Residency Requirement
Before filing, you or your spouse must meet New York's residency rule — generally living in the state continuously for one to two years, depending on where you married, where you lived as a couple, and where the grounds arose.
Step 2: Choose Your Grounds
Most New York divorces are filed on the no-fault ground — that the marriage has been irretrievably broken for at least six months. Fault grounds exist but are rarely used.
Step 3: File and Serve the Papers
The divorce begins when you file a Summons with Notice or Summons and Complaint in the Supreme Court of the proper county (borough), pay the filing fee, and have your spouse formally served with the papers.
Step 4: Resolve the Issues
Whether through negotiation or, if necessary, litigation, you and your spouse must resolve property division, support, and custody. The vast majority of divorces are settled by agreement rather than decided at trial.
Step 5: Finalize the Judgment
Once all issues are resolved and the required paperwork is submitted, a judge signs the Judgment of Divorce, legally ending the marriage. Working with an attorney helps ensure the paperwork is correct and the terms protect you.
This page provides general information about New York divorce law and is not legal advice. Every case is different — for guidance on your specific situation, speak with a NYC divorce attorney.
