Divorce in New York: The Complete 2026 Guide

New York Divorce: Fast Facts

How to File for Divorce in New York

New York is a no-fault divorce state — you may cite "irretrievable breakdown of the marriage" for at least six months without proving any wrongdoing by either spouse. Only the New York Supreme Court (a trial court of general jurisdiction) handles divorce cases in the state. There is no mandatory post-filing waiting period, but all issues — property, support, custody — must be resolved before the court will grant a no-fault judgment. Uncontested divorces can close in as little as three to six months; contested divorces routinely take one to three years or longer.

1. Confirm Residency and Venue

   At least one spouse must meet one of five residency alternatives: (a) either party has lived in New York continuously for 2 years before filing; (b) either party has lived in New York for 1 year AND the parties were married in NY, lived as spouses in NY, or the cause of action arose in NY; or (c) both parties currently reside in NY and the grounds arose in NY. A 2025 state law reform requires you to file in a county where at least one party — or a minor child of the marriage — actually resides. Forum shopping in distant counties is no longer permitted.

2. Choose Your Divorce Path and Complete Your Forms

   For an uncontested divorce, use the Uncontested Divorce Packet (forms UD-1 through UD-11), available free at nycourts.gov/divorce. If you and your spouse have already reached a full agreement, you may also use the Uncontested Joint Divorce pathway available in participating counties. For a contested divorce, you begin with a Summons with Notice (or Summons and Complaint) and the case proceeds through motion practice and, if unresolved, trial. New York also has a collaborative divorce option for spouses who prefer structured negotiation outside the courtroom.

3. File with the Supreme Court County Clerk and Obtain Your Index Number

   File your completed forms at the County Clerk's Office in the Supreme Court of the county where you or your spouse (or a minor child) resides. Pay the $210 index number fee to commence the action. Many counties now accept e-filing through NYSCEF (New York State Courts Electronic Filing). If you cannot afford the filing fee, submit a Poor Person Order application to request a waiver. Once the index number is issued, write it on all subsequent documents.

4. Serve Your Spouse

   New York requires personal service on the Defendant — someone 18 or older who is not a party to the case must hand-deliver the Summons with Notice (or Summons and Complaint) directly to your spouse. You must then file an Affidavit of Service with the court. If you cannot locate your spouse, you must apply to the court for permission to use an alternate method of service. If your spouse signs an Affidavit of Defendant (UD-7) consenting to the divorce, you may skip the personal service requirement and file your final papers immediately.

5. Wait for Your Spouse's Response (or the 40-Day Default Period)

   After service, your spouse has 20 days to respond if served in New York, or 30 days if served outside the state. If your spouse does nothing — neither consenting nor contesting — you must wait 40 days after service before you may file the Note of Issue and your remaining divorce documents. If your spouse signs the Affidavit of Defendant, you may file immediately without waiting.

6. Resolve All Financial and Custody Issues

   New York law requires that all economic and custody issues be resolved before the court will grant a no-fault divorce — either by written agreement (a Separation Agreement or Settlement Stipulation) or by court determination. Issues include equitable distribution of marital property, spousal maintenance, child custody and visitation, and child support. In contested cases, this is where the case is litigated, negotiated, or mediated. Use our settlement agreement checklist to ensure nothing is omitted.

7. Submit the Final Judgment Packet and Receive Your Divorce Decree

   File the Note of Issue and the complete final judgment packet (Findings of Fact and Conclusions of Law [UD-10], Judgment of Divorce [UD-11], and any signed agreements) with the clerk. In uncontested cases, no court appearance is required — a judge reviews the papers and signs the Judgment of Divorce. Once the judgment is entered, the County Clerk will mail you a postcard confirming the filing date. You must visit the County Clerk's Office with photo ID to obtain a certified copy ($8 per copy); matrimonial files are confidential.

2025 update — venue rule changed: A new state law effective February 19, 2025 requires you to file your divorce in a county where you, your spouse, or your minor child actually resides. You can no longer choose a distant county for convenience or faster processing. If any party's address is confidential (e.g., due to a domestic violence safety concern or a court confidentiality order), you may still petition the court to designate an alternative venue. See the official NYCourts Matrimonial Rules update.

New York Divorce Laws: Grounds, Residency, and 2025–2026 Changes

New York adopted no-fault divorce in 2010 — later than most states — allowing any spouse to cite "irretrievable breakdown of the marriage for a period of at least six months" without the other spouse's consent. Fault-based grounds still exist and may be strategically relevant in some cases. Two significant reforms took effect in 2025 and early 2026: a new no-fault separation statute (Chapter 673, Laws of 2025) and a mandatory venue rule effective February 19, 2025.

New for 2025–2026: Key Changes to New York Divorce and Separation Law

No-Fault Legal Separation (Ch. 673, Laws of 2025)

Before this law, legal separation required proving fault — cruel treatment, abandonment, adultery, or imprisonment. Chapter 673, Laws of 2025 created no-fault grounds for a Judgment of Separation: the marriage has irretrievably broken down for at least six months and the parties have resolved (or the court has determined) all financial and custody issues. This mirrors the no-fault divorce standard.

Also changed: The time required to convert a separation (by decree or agreement) to a divorce was shortened from one year to six months. This means spouses with a separation agreement or judgment already in place can convert to divorce after only six months of living apart.

New Venue Rule (Eff. Feb. 19, 2025)

Previously, plaintiffs could file a divorce in any New York county they designated — leading to forum shopping in rural counties with faster dockets. A new state law now requires all matrimonial actions to be filed in a county where at least one party or a minor child resides, closing that door.

Exception: If a party's address is subject to a confidentiality order or not a matter of public record (e.g., domestic violence situations), an alternate venue may still be designated. A judge can also approve a different venue for good cause shown.

Updated Financial Forms (Eff. Dec. 1, 2025)

A revised Net Worth Statement and a new spreadsheet-based Statement of Proposed Disposition became mandatory in New York contested divorces effective December 1, 2025. The new Statement of Proposed Disposition requires each party to itemize — line by line — their proposed resolution of every financial issue: property distribution, maintenance, child support, and counsel fees.

Practical impact: Financial disclosure in New York contested divorces is now more granular and standardized. Early preparation of accurate financial records is essential.

Child Support & Maintenance Caps Adjusted March 1, 2026

The combined parental income cap under the Child Support Standards Act (CSSA) rose from $183,000 to $193,000 effective March 1, 2026. The maintenance payor income cap under the Maintenance Guidelines Act rose from $228,000 to $241,000. The Self-Support Reserve increased to $21,546.

These adjustments are required by statute and are tied to the Consumer Price Index. They affect any divorce filed or modified after March 1, 2026.

For the most current court forms and updates, visit nycourts.gov/divorce and the NYCourts Matrimonial Legislation & Rules page.

⚠️ FLAGGED FOR ATTORNEY REVIEW — No-Fault Separation Effective Date: Chapter 673, Laws of 2025 was delivered to the Governor for signature on December 8, 2025. The legislation takes effect on the 60th day after it becomes law and applies to matrimonial actions commenced on or after that date. Based on publicly available NYCourts.gov information, the forms reflecting these changes are posted effective March 1, 2026. Hello Divorce recommends consulting with a New York-licensed attorney to confirm the current effective date before relying on the no-fault separation pathway for your case. This flag is for internal content review only and should be removed before publishing once confirmed.

For the complete New York Domestic Relations Law, see NY Senate DRL database. For court self-help resources, visit NYCourts.gov CourtHelp — Divorce.

Property Division in New York: Equitable Distribution

New York divides marital property under the equitable distribution standard. "Equitable" means fair — not necessarily equal. Courts weigh 16 statutory factors to determine the appropriate split, and in practice the result can range from a near-equal division to a significantly unequal one depending on the circumstances of the marriage. Unlike community property states, fault and misconduct can be considered in certain circumstances. Spouses who reach their own written agreement can divide property in any manner they choose.

The 16 factors New York courts weigh in equitable distribution (as amended through 2021):

1. The income and property of each party at the time of marriage and at the time the divorce action is commenced
2. Duration of the marriage and the age and health of both parties
3. Need of a custodial parent to occupy or own the marital residence and use its household effects
4. Loss of inheritance and pension rights upon dissolution of the marriage
5. Loss of health insurance benefits upon dissolution of the marriage
6. Any award of maintenance — maintenance and property distribution are interrelated and courts consider them together
7. Any equitable claim, interest in, or direct or indirect contribution to the acquisition of marital property — including contributions as a homemaker, parent, or wage earner
8. The liquid or non-liquid character of all marital property — affecting how practically divisible assets are
9. Probable future financial circumstances of each party
10. Difficulty of evaluating any component asset or business interest — favors retaining intact businesses or professional practices when possible
11. Tax consequences to each party of the proposed distribution
12. Wasteful dissipation of marital assets by either spouse — including reckless spending, hidden transfers, or financial misconduct
13. Any transfer or encumbrance of marital property made in contemplation of a matrimonial action without fair consideration
14. Domestic violence (factor 14, added 2020): Acts of domestic violence by either party against the other — courts explicitly weigh the impact of abuse on the victim's financial circumstances and future earning capacity
15. Companion animals/pets (factor 15, added 2021): The court shall award ownership of, or responsibility for, a companion animal (including a dog, cat, or other domestic animal) taking into account the best interest of the animal — New York was among the first states to codify this standard in divorce proceedings
16. Any other factor the court expressly finds to be just and proper (catch-all provision, factor 16)

New York does not divide professional licenses or degrees as property: A 2016 amendment to state law reversed an earlier doctrine — the value of a spouse's enhanced earning capacity arising from a license, degree, celebrity goodwill, or career enhancement is no longer distributable as marital property. However, the court still considers the direct or indirect contributions of the other spouse to that enhanced earning capacity — and those contributions may result in a larger share of other marital assets.

Spouses may resolve all property issues through a written Separation Agreement or Settlement Stipulation at any time before or during the divorce. Use our settlement agreement checklist and property division spreadsheet to inventory your marital estate. For high-asset cases or complex business interests, a Certified Divorce Financial Analyst can help model division scenarios and tax implications before you negotiate.

Spousal Maintenance in New York

New York calls spousal support "maintenance" — not alimony. Since 2016, both temporary maintenance (while the divorce is pending) and post-divorce maintenance are calculated using statutory formulas. The formula produces a guideline amount based on the incomes of both spouses, subject to an income cap adjusted every two years. As of March 1, 2026, the maintenance payor income cap is $241,000. Courts apply a separate set of 15 factors when setting the duration of post-divorce maintenance.

How the New York maintenance formula works (simplified):

Two calculations are run; the lower result is the guideline amount. The payor's income is capped at $241,000 (eff. March 1, 2026). Income above the cap may be considered at court discretion.

If the guideline result is zero or negative, no maintenance is awarded under the formula. The court retains discretion to deviate based on the 15 statutory factors.

Key factors courts weigh for post-divorce maintenance duration:

• Age and health of both parties — significant health disparities may support a longer or non-durational award
• Duration of the marriage — the longer the marriage, the longer the presumptive maintenance range
• Present and future earning capacity of each spouse — including education, skills, job market, and career gaps caused by the marriage
• Reduced or lost earning capacity from forgone education, training, or career opportunities during the marriage
• Care of children — including children with special needs or disabilities that limit a parent's employment
• Acts of domestic violence — courts must consider documented abuse when setting both the amount and duration of maintenance

New York maintenance duration guidelines: The 2016 Maintenance Guidelines Act established presumptive duration ranges based on the length of the marriage. For marriages of 0–15 years, the guideline range is 15–30% of the marriage length. For 15–20 years, 30–40%. For 20+ years, 35–50%. These are presumptive ranges, not hard rules — courts may deviate based on the 15 statutory factors. Unlike some states, New York has no automatic "permanent maintenance" rule for long marriages; each case turns on its individual facts.

For a general estimate of maintenance amounts, see our alimony calculator guide and our full resource on spousal maintenance in New York. For cases with significant income disparity or complex business income, a Certified Divorce Financial Analyst can help you model scenarios before you negotiate your settlement.

Child Custody and Support in New York

New York courts determine child custody based on the best interests of the child, with no presumption in favor of either parent based on gender. Parents who reach their own parenting agreement can submit a custody and visitation stipulation for court approval. Child support is governed by the Child Support Standards Act (CSSA), a formula-based system that applies fixed percentages to combined parental income. As of March 1, 2026, the combined parental income cap is $193,000. A critical New York distinction: child support continues until age 21 — not 18 as in most states.

Key factors New York courts weigh in custody determinations:

• The child's health, safety, and welfare — the paramount consideration in every case
• Each parent's ability to provide stability, continuity, and a nurturing environment
• Any history of domestic violence or abuse — courts take this very seriously and may limit or supervise one parent's access
• Each parent's willingness to support the child's relationship with the other parent — deliberate interference with parenting time is penalized
• Quality and quantity of each parent's prior involvement in the child's daily life, schooling, and healthcare
• The child's expressed preference — courts give this more weight as the child gets older, but it is never the sole determining factor

New York child support continues until age 21: Unlike most states, New York's CSSA requires support until a child turns 21 unless the child is emancipated earlier through marriage, military service, or economic self-sufficiency. The CSSA applies percentages to combined parental income up to $193,000 (eff. March 1, 2026): 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children. For income above the cap, courts have discretion to apply the percentages based on the child's needs and the parents' resources.

CSSA Add-On Expenses (Paid Pro Rata, on Top of Basic Support)

• Child care costs incurred for the custodial parent to work, seek work, or attend education or job training
• Health insurance premiums for the child — typically paid by the parent with employer coverage
• Unreimbursed medical, dental, and prescription expenses not covered by insurance
• Educational expenses — at court discretion, private school or college costs may be ordered as an add-on if consistent with the family's standard of living

For a full guide to child support calculations, visit How to File for Child Support in New York. For parenting plan guidance, see our joint custody guide. For custody disputes, Hello Divorce mediation can help you reach a parenting plan without litigation.

How Much Does a Divorce Cost in New York?

A New York divorce can cost as little as $335 in court fees for a straightforward uncontested case where both spouses agree on every term — or $50,000 or more per spouse in a fully contested, trial-track case. The single biggest cost driver is disagreement: every issue resolved by a judge rather than by the parties adds attorney hours, court appearances, and months of delay. Because New York has no mandatory post-filing waiting period, timeline is driven almost entirely by how quickly disputed issues are resolved and how backlogged your county's Supreme Court is.

Additional New York-specific costs to budget for:

• Process server fees — typically $50–$200 for standard in-state personal service; higher for rush or evasive spouses. Personal service is required by statute in New York — mail or email service requires prior court approval.
• QDRO / DRO drafting — $500–$2,000 per retirement account. New York public employee pensions (NYSLRS, TRS, NYCERS, BERS) require a Domestic Relations Order pre-approved by the pension system before it is entered; see our QDRO guide.
• Attorney for the child (AFC) — in contested custody matters, the court may appoint an attorney to represent the child's interests. Costs are usually split between the parties; NYC AFC rates can reach $150–$300/hr per child.
• Motion fees — $45 per motion filed in Supreme Court. In contested divorces with significant motion practice, these add up quickly on top of the base filing fee.
• Certified copies of the Judgment of Divorce — $8 per copy from the County Clerk (waived with a Poor Person Order). Order 3–5 copies for name change, mortgage refinancing, beneficiary updates, and other post-divorce tasks.

Counsel fee awards in contested New York divorces: New York law gives courts discretion — and in many cases, a presumption — to order the higher-income spouse to contribute to the lower-income spouse's attorney fees. This levels the playing field when there is significant income disparity between the parties. Counsel fee awards are common in contentious NYC and suburban contested divorces, particularly where one spouse controls most of the household income and the other cannot afford to litigate without assistance.

For a full cost breakdown, see our page: Cost of Divorce in New York. If cost is a concern, read our guide on how to get divorced with little or no money.

Uncontested vs. Contested Divorce in New York

A New York divorce is "uncontested" when either (a) your spouse actively consents by signing the Affidavit of Defendant, or (b) your spouse is served but does nothing — creating a default. A divorce becomes contested when your spouse files a Notice of Appearance or Answer. Because New York has no post-filing waiting period, the practical difference in timeline and cost between these two paths is enormous: an uncontested case with a cooperating spouse can close in three to six months; a fully contested case can stretch to three years or longer.

Most contested New York divorces settle before trial: Even cases that begin fully contested usually resolve through negotiated settlement — often after a Preliminary Conference, discovery, and one or more court-supervised settlement conferences. The trial rate in New York matrimonial cases is low. Mediation can bridge gaps between disputing spouses at a fraction of litigation costs. See our Hello Divorce mediation services.

Not sure which path applies? Read our full comparison: Contested vs. Uncontested Divorce — What's the Difference? and our dedicated guide to uncontested divorce in New York.

If you and your spouse are close to agreement but stuck on specific issues, Hello Divorce mediation services can help resolve disputes at a fraction of litigation costs — particularly for property division, maintenance, and parenting plan disputes.

Legal Separation vs. Divorce in New York

New York recognizes two forms of legal separation: a Separation Agreement (a private contract between the spouses, filed with the County Clerk) and a Judgment of Separation (a Supreme Court order). In both cases you remain legally married, but your property rights, support, and custody arrangements are court-enforceable. As of 2026, a newly enacted state law adds no-fault grounds for a Judgment of Separation, matching the no-fault divorce standard. Critically, once you have lived apart for six months pursuant to a Judgment or Agreement of Separation, either spouse may convert the separation to a divorce — down from the previous one-year requirement.

2026 Update: No-Fault Separation Now Available — And Conversion Period Shortened to 6 Months

Before Chapter 673, Laws of 2025 took effect, a Judgment of Separation required proving a fault ground — cruel and inhuman treatment, abandonment, adultery, non-support, or imprisonment. The new law created no-fault grounds for separation: the marriage has irretrievably broken down for at least six months, and all applicable economic and custody issues have been resolved by the parties or the court. This mirrors the no-fault divorce standard.

The same law shortened the required period of living apart before converting a separation to a divorce — from one year to six months. This makes separation a more practical short-term tool for spouses who want court protection immediately while working toward a final divorce.

To understand your options before filing, read our guide: Legal Separation vs. Divorce in New York. For agreement drafting guidance, see our settlement agreement checklist.

New York Divorce Forms and Paperwork

New York uses standardized statewide divorce forms issued by the Office of Court Administration, available free at nycourts.gov/divorce. The Uncontested Divorce Packet (UD-1 through UD-11) was updated in March 2026 to reflect the new Child Support Standards Act cap ($193,000), Maintenance Guidelines cap ($241,000), and the No-Fault Separation statute changes. Some counties have additional local cover sheets or filing requirements — check your county Supreme Court's website before filing.

All official New York divorce forms are free at the NYCourts Divorce Resources page and your county Supreme Court's self-help center. Hello Divorce guides you through completing every required form accurately — see our divorce forms assistance or view all plans.

Changing Your Name After Divorce in New York

In New York, you can request a name change directly in your divorce action at no additional cost. Include the request in your Verified Complaint (UD-2) or the final Judgment of Divorce (UD-11), and the judge will incorporate the name restoration into the Judgment itself. You may restore any former surname or pre-marriage name. Once you have your certified Judgment of Divorce, follow this sequence to update your records.

1. Social Security Administration — Update your SSA record first using your certified Judgment and photo ID. Submit Form SS-5 at your local SSA office, by mail, or online at ssa.gov. You need an updated SSA card before the DMV will issue a driver's license in your restored name.
2. New York DMV (Driver's License / Non-Driver ID) — Visit a DMV office with your updated SSA card, certified Judgment, and proof of New York residency. If you are obtaining a REAL ID-compliant license, bring additional documentation per DMV requirements. Name changes require an in-person visit to a DMV office.
3. U.S. Passport — Submit the appropriate DS form with your certified Judgment. Use DS-5504 if your passport was issued less than 1 year ago (no fee); DS-82 if issued more than 1 year ago (fee required); DS-11 for a first-time application or if your passport was issued more than 15 years ago.
4. Financial accounts, employer HR, and insurance — Contact each institution individually with a certified copy of your Judgment. Order at least 3–5 certified copies from the County Clerk ($8 per copy) when you receive your Judgment — you will need them for your bank, investment accounts, mortgage lender, employer HR department, and insurance policies.

For a complete post-divorce name change checklist, see our guide: How to Change Your Name After Divorce. For New York-specific name change questions after divorce, visit our knowledge base.

Local New York County Court Resources

Divorce actions in New York are filed with the Supreme Court in the county where you, your spouse, or a minor child resides (CPLR §515, eff. Feb. 19, 2025). Below are direct links to the official Family Court and divorce resources for New York's five most populous counties.

• Kings County (Brooklyn) Family Court
• Queens County Family Court
• New York County (Manhattan) Family Court
• Suffolk County Family Court
• Nassau County Family Court

Frequently Asked Questions: Divorce in New York

How long does a divorce take in New York?

New York has no mandatory post-filing waiting period, so timeline is driven almost entirely by whether the case is contested and how backlogged your county's Supreme Court is. An uncontested divorce where both spouses agree on all terms — and paperwork is correctly completed — typically closes in three to six months from filing. A default divorce (spouse served but does not respond) requires waiting 40 days after service before filing final papers, then court processing time on top of that. Contested divorces routinely take one to three years; cases that proceed to trial can take longer. See our full guide: New York Divorce Process Explained.

Does New York have a waiting period for divorce?

No. New York does not have a mandatory post-filing waiting period. The "six months" that often comes up in discussion of New York divorce is a precondition to a no-fault judgment: the marriage must have irretrievably broken down for a period of at least six months before a judgment can be granted. That period must have existed before or at the time of filing — it is not a clock that starts after you file. There is also no waiting period separate from resolving all financial and custody issues, which must happen before any no-fault judgment is granted. Once both spouses agree on everything and paperwork is in order, a New York uncontested divorce can finalize in as little as three to six months.

Is New York a 50/50 divorce state?

No. New York is an equitable distribution state, not a community property state. Marital property is divided fairly — but not necessarily equally. Courts weigh 16 statutory factors — updated through 2021 to add domestic violence and companion animals — to reach an appropriate distribution, which can range from near-equal to significantly unequal depending on the circumstances. In long marriages where both spouses contributed comparably, courts often reach a roughly equal result — but the law does not mandate it. Separate property (assets owned before marriage, gifts, and inheritances kept separate) is not subject to division. Spouses who reach their own written agreement can divide property in any way they choose. For complex asset situations, a Certified Divorce Financial Analyst can help model outcomes before you negotiate.

Does New York require a reason to get divorced?

No. New York adopted no-fault divorce in 2010. Either spouse can obtain a divorce by stating under oath that the marriage has irretrievably broken down for at least six months. You do not need your spouse's consent or cooperation. Even if your spouse objects to the divorce entirely, the court will still grant it — there is no valid defense to a no-fault claim in New York. Fault-based grounds (cruel and inhuman treatment, abandonment, adultery, imprisonment) remain available for cases where they are strategically relevant, but they are rarely necessary when no-fault grounds are available. Read more: Things to Know When Getting a Divorce in New York.

What happens to the house in a New York divorce?

If the home was purchased during the marriage, it is marital property subject to equitable distribution. Common resolutions include one spouse buying out the other's equity at an agreed or appraised value, selling the home and dividing the net proceeds, or a deferred sale arrangement — often used when the custodial parent needs stability for children — where one spouse stays in the home until a trigger event (youngest child reaching a specified age, or the occupying spouse refinancing into sole ownership). If the home was purchased before marriage or with documented separate funds, those separate property portions may be excluded from division. Use our home equity split calculator and read our guide on what to do with the marital home.

Can I get divorced in New York without a lawyer?

Yes. Many New Yorkers complete uncontested divorces without an attorney using the free Uncontested Divorce Packet from nycourts.gov/divorce. County Supreme Court self-help centers provide in-person guidance at no cost. Online services like Hello Divorce offer guided form preparation, completed settlement agreements, and on-demand attorney access by the hour when you need legal advice — without a full retainer. A 2025 state law change requires you to file in your own county, making local self-help centers even more accessible. See our guide: How to DIY Your New York Divorce.

How is child support calculated in New York?

New York uses the Child Support Standards Act (CSSA) formula, which applies a fixed percentage to combined parental income up to the statutory cap — $193,000 as of March 1, 2026. Percentages are: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children. The basic obligation is then split between parents in proportion to their share of combined income. Child support continues until a child turns 21 (not 18) unless the child is emancipated earlier through marriage, military service, or economic self-sufficiency. Add-on expenses — child care, health insurance premiums, and unreimbursed medical costs — are shared pro rata on top of basic support. For more, visit How to File for Child Support in New York.

What are New York's residency requirements for divorce?

At least one spouse must satisfy one of five residency alternatives. The most common paths: (1) either spouse has lived continuously in New York for at least two years immediately before filing; or (2) either spouse has lived continuously in New York for at least one year immediately before filing and the couple was married in New York, lived as spouses in New York, or the grounds for divorce arose in New York. A less common path allows a divorce when both parties currently reside in New York and the grounds arose here, with no minimum duration. Once the residency requirement is met, a 2025 state law requires you to file in a county where you, your spouse, or a minor child of the marriage actually resides.

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