Divorce in New York
New York allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and has several residency routes: two years for one spouse; one year if the couple married in New York, lived there as a married couple, or the grounds arose there; and no minimum if the grounds arose in New York and both spouses live there when the case starts. No-fault divorce requires the relationship to have been irretrievably broken for at least six months.
Quick Facts
Residency Requirement
None to 2 years, depending on ties
Waiting Period
None after filing
Filing Fee (approximate, varies by county)
$335-$400
Property Division
equitable distribution
Grounds for Divorce
- Irretrievable breakdown for 6 months
- Cruel and inhuman treatment
- Abandonment
- Adultery
Key Facts
- New York adopted no-fault divorce in 2010, one of the last states to do so
- No-fault requires the relationship to have broken down for at least 6 months
- Residency ranges from none (both spouses live in New York and the grounds arose there) to 2 years
- Property is divided by equitable distribution
- New York has a complex set of factors for determining spousal maintenance
Child Custody
New York courts determine custody based on the best interests of the child. The court considers each parent's ability to provide for the child, the quality of the home environment, the child's wishes, and any history of domestic violence. Joint custody is available but not presumed.
Alimony / Spousal Support
New York uses statutory guideline formulas for both temporary and post-divorce maintenance, applied to the payor's income up to a cap, with an advisory schedule that ties the length of post-divorce maintenance to the length of the marriage. Courts can deviate after considering the factors listed in the statute.
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FAQs
Common questions about divorce in New York
New York adopted no-fault divorce in October 2010, making it the last state in the nation to do so. Before that, couples in New York had to prove fault grounds or live under a separation agreement for at least one year to obtain a divorce.
New York has several residency routes. One spouse needs 2 continuous years of residency, or 1 year if the couple married in New York, lived there as a married couple, or the grounds arose there. If the grounds arose in New York and both spouses live there when the case starts, there is no minimum period.