The Divorce Process in New York: What to Expect

By Legal Editorial Team Last updated: May 5, 2026 Category: Family Law
Family law and divorce documentation
Navigating the complexities of family law and divorce in New York

Deciding to end a marriage is never easy, and navigating the New York State court system adds an additional layer of complexity. New York offers several paths to divorce, primarily distinguished by whether the parties agree on the terms.

Residency Requirements

To file for divorce in New York, you must meet certain residency requirements. Generally, one spouse must have lived in the state continuously for at least two years prior to filing, or one year if the marriage took place in NY.

No-Fault Divorce

New York is a "no-fault" state. This means you can file for divorce by stating that the relationship has broken down irretrievably for at least six months. You do not need to prove grounds like adultery or abandonment.

Contested vs. Uncontested

An uncontested divorce is the fastest and least expensive option, where both spouses agree on all issues, including property division and child custody. A contested divorce involves disagreements that must be resolved through court hearings or a trial.

Editorial Disclaimer

Family law matters are highly sensitive and complex. This guide is for informational purposes and is not a substitute for legal advice from a qualified family law attorney.