Divorce in New York follows a comprehensive legal framework that can vary based on the complexity of each case. Whether you live in Manhattan, Buffalo, or a smaller upstate town, understanding how the process works can help you protect your rights and reduce unnecessary delays.
Residency Requirements in New York
To file for divorce in New York, specific residency requirements must be met. These include living in the state for at least one year if you were married there, or two years if you were married elsewhere. Residency must be continuous and provable.
Grounds for Divorce in New York
New York permits both no-fault and fault-based divorces. The most common ground is irretrievable breakdown of the marriage for at least six months. Fault-based grounds include cruelty, adultery, abandonment, and imprisonment for three or more years.
Starting the Divorce Process
The divorce process begins with the filing of a Summons with Notice or a Summons and Verified Complaint in Supreme Court. The non-filing spouse must be served within 120 days. If they fail to respond, a default judgment may be granted.
Contested vs. Uncontested Divorce
Uncontested divorces proceed quickly when both parties agree on all issues. Contested cases require additional steps such as discovery, hearings, and potentially a trial. The court encourages settlement whenever possible, especially when children are involved.
In New York, only the Supreme Court — not Family Court — has the authority to grant a divorce, regardless of custody or support issues.
Child Custody and Visitation
New York courts decide custody based on the best interests of the child. Legal custody (decision-making) and physical custody (residence) may be joint or sole. Courts consider parental stability, history of caregiving, and ability to foster a positive relationship with the other parent.
Child Support Calculations
New York uses a statutory formula based on combined parental income up to a cap (currently $163,000). Support percentages increase with the number of children. Courts may deviate from the formula based on unique needs or expenses.
Property Division and Equitable Distribution
New York follows an equitable distribution model, dividing marital property fairly rather than equally. This includes assets, debts, pensions, and real estate. Separate property — owned before marriage or received as a gift/inheritance — is typically excluded.
Alimony and Maintenance
Spousal maintenance (alimony) in New York is calculated using a statutory formula that considers both parties' incomes. Temporary and post-divorce maintenance may be awarded based on length of marriage, financial need, and standard of living during the marriage.
- Residency requirement depends on where and when the marriage occurred
- Only Supreme Court can issue a divorce decree
- No-fault divorce is based on six months of breakdown
- Statutory formulas used for support and maintenance
- Equitable distribution applies to marital property only
Unlike many states, New York requires a separate legal action in Supreme Court to finalize a divorce — even if all family law issues were handled in Family Court.
New York's divorce process is detailed, but manageable with the right preparation. Whether your case is high-conflict or resolved amicably, knowing your legal options and responsibilities will help you reach a fair and enforceable outcome.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download New York divorce papers or browse New York divorce lawyers to get the help you need.