Divorce in New York (2026)

New York’s Divorce Tracks: Contested vs. Uncontested

New York effectively operates a two-track divorce system, and the path you take determines everything from cost and timeline to the level of court involvement. Understanding which track applies to your situation is the most important first step in a New York divorce.

Uncontested divorce is available when both spouses agree on all major issues: grounds for divorce, property division, spousal maintenance, child custody, child support, and any other relevant terms. In an uncontested case, one spouse files a Summons with Notice and the other either signs a written agreement or defaults by not responding. The case can proceed largely on paper, with no trial or even a court appearance in many instances. Uncontested divorces in New York typically take 3 to 6 months from filing to final judgment, and the legal costs are substantially lower because there is no need for extensive discovery or litigation.

Contested divorce applies when the spouses cannot agree on one or more issues. A contested case begins with a Summons and Complaint, followed by the full litigation process: formal discovery (document exchanges, interrogatories, depositions), preliminary conferences, possible motion practice, and ultimately a trial before a Supreme Court judge. Contested divorces in New York routinely take 1 to 3 years and are significantly more expensive due to attorney fees, expert witnesses, and court costs. Even in contested cases, however, the court strongly encourages settlement, and many cases resolve through negotiation or mediation before reaching trial.

The filing fee in New York is $335, with an additional index number fee of $210 that may apply. For a deeper look at how contested cases unfold, see our guide on New York’s contested divorce process.

Overview of New York Divorce Law

New York became a no-fault divorce state in 2010, when the legislature added “irretrievable breakdown of the relationship for a period of at least six months” as a ground for dissolution. Before that change, New York was the last state in the country to require proof of fault. Today, most divorces are filed on no-fault grounds, although the state still recognizes several fault-based grounds under Domestic Relations Law (DRL) Section 170, including:

• Cruel and inhuman treatment
• Abandonment for one year or more
• Imprisonment for three or more consecutive years
• Adultery
• Living apart pursuant to a separation judgment for one or more years
• Living apart pursuant to a separation agreement for one or more years

Filing on fault-based grounds is uncommon but can influence how a court resolves financial disputes, particularly when one spouse’s misconduct has dissipated marital assets.

Residency and Filing Requirements

New York’s residency rules, set out in DRL Section 230, offer several paths to jurisdiction. At least one of the following must be met:

• Either spouse has been a continuous resident of New York for at least two years before filing.
• Either spouse has been a continuous resident for one year and the marriage was solemnized in New York, or the couple lived in the state as married, or the grounds for divorce arose in the state.
• Both spouses are New York residents at the time of filing and the grounds arose in the state, with no minimum duration required.

These flexible residency options make New York accessible to a wide range of filers, including those who married elsewhere but have since established roots in the state.

Equitable Distribution: How New York Divides Assets

New York follows an equitable distribution model under DRL Section 236(B). Unlike community property states that split everything fifty-fifty, equitable distribution means assets are divided in a manner the court considers fair, which may or may not result in an equal split.

The court considers factors such as:

• The income and property of each spouse at the time of marriage and at the time of filing
• The duration of the marriage
• The age and health of both parties
• The need of a custodial parent to occupy the marital residence
• The loss of inheritance or pension rights upon dissolution
• Any transfer or dissipation of assets made in contemplation of divorce
• Contributions and services as a spouse, parent, wage earner, and homemaker

Separate property, including assets acquired before the marriage, gifts from third parties, and inheritances, typically remains with the original owner unless it has been commingled with marital funds. For a detailed analysis of how New York courts handle property division, see our guide on New York property division rules.

Spousal Support (Maintenance)

New York uses the term maintenance rather than alimony. The state has statutory guidelines for both temporary and post-divorce maintenance. Temporary maintenance is calculated using a formula based on the incomes of both spouses, with an income cap that is adjusted periodically. Post-divorce maintenance duration depends on the length of the marriage. For marriages of up to fifteen years, an advisory guideline suggests maintenance lasting fifteen to thirty percent of the length of the marriage. Longer marriages carry correspondingly longer advisory durations.

Courts retain discretion to deviate from the guidelines based on factors such as each spouse’s earning capacity, the standard of living during the marriage, contributions as a homemaker or parent, and the wasteful dissipation of marital property.

The New York Divorce Process

1. Filing the Summons — One spouse files a Summons with Notice or a Summons and Complaint with the Supreme Court (which handles matrimonial matters in New York) and pays the filing fee.
2. Service of Process — The filing spouse must arrange personal service on the other spouse. The responding spouse has twenty to thirty days to appear or answer.
3. Automatic Orders — Upon filing, automatic restraining orders take effect, preventing either party from transferring assets, incurring unusual debt, or changing insurance beneficiaries.
4. Discovery and Financial Disclosure — Both parties exchange Statements of Net Worth and may conduct formal discovery, including depositions and document requests.
5. Negotiation or Mediation — Many New York divorces are resolved through negotiation, collaborative law, or mediation. Courts encourage settlement before trial.
6. Trial (if needed) — Unresolved issues are decided by a Supreme Court judge after a trial on the merits.
7. Judgment of Divorce — Once all issues are resolved, the court enters a final Judgment of Divorce.

New York has no mandatory waiting period between filing and entry of judgment, though the practical timeline depends on whether the case is contested.

When to Consult an Attorney

New York divorce law involves nuanced rules around equitable distribution, maintenance calculations, and complex procedural requirements in Supreme Court. Legal representation is strongly recommended when the marriage involves substantial assets, business interests, disputed custody arrangements, or any history of domestic violence. An experienced New York family law attorney can help ensure your financial interests and parental rights are fully protected.

Frequently Asked Questions

What are the residency requirements in New York?

New York offers several paths under DRL Section 230: two years of continuous residency with no other conditions, one year if the marriage was solemnized in New York or the couple lived there or the grounds arose there, or no minimum duration if both spouses are current New York residents and the grounds arose in the state.

Is New York a community property or equitable distribution state?

New York is an equitable distribution state under DRL Section 236(B). Assets are divided in a manner the court considers fair, which may or may not result in an equal split. Separate property (pre-marriage assets, gifts, inheritances) generally remains with the original owner unless commingled.

When did New York become a no-fault state?

New York became a no-fault divorce state in 2010, adding “irretrievable breakdown of the relationship for a period of at least six months” as a ground. Before that change, New York was the last state to require proof of fault. Fault-based grounds including cruel treatment, abandonment, and adultery remain available.

How does New York calculate spousal maintenance?

New York uses statutory formulas for both temporary and post-divorce maintenance based on the parties’ incomes, with an income cap that is adjusted periodically. Advisory durational guidelines suggest maintenance lasting 15-30% of the marriage length for marriages up to 15 years, 30-40% for 15-20 years, and 35-50% for marriages of 20+ years.

How long does a contested divorce take in New York?

A contested divorce in New York typically takes 1 to 3 years from filing to final judgment. The timeline depends on the complexity of the issues (property division, custody, maintenance), the volume of discovery, whether motions are filed, and the court’s calendar. Even in contested cases, the court encourages settlement through negotiation and mediation, and many cases resolve before trial. Uncontested divorces, by contrast, typically take 3 to 6 months.

How This Guide Was Researched

This guide was developed through a detailed review of New York Domestic Relations Law Sections 170 (grounds for divorce), 230 (jurisdictional requirements and residency), and 236 Part B (equitable distribution of marital property and maintenance). Court procedures — including the filing process, automatic orders, and discovery requirements — were verified through the New York State Unified Court System website (nycourts.gov) and NY CourtHelp resources. Maintenance formulas and income caps were confirmed against the current statutory text and advisory guidelines published by the New York courts.

Sources and Legal References

This guide draws on the following New York statutes and official resources:

• NY Domestic Relations Law Section 170 — Grounds for divorce (no-fault and fault-based)
• NY Domestic Relations Law Section 230 — Residency and jurisdictional requirements
• NY Domestic Relations Law Section 236 Part B — Equitable distribution, maintenance formulas, and advisory durational guidelines
• DRL Section 236(B)(5-a) — Temporary maintenance calculation formula
• DRL Section 236(B)(6) — Post-divorce maintenance factors and advisory guidelines

Official New York Resources

• NY CourtHelp — Divorce
• NY CourtHelp — Families & Children
• New York Courts — Divorce Resources

Additional New York Resources

• Weinrieb Law — Client Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

New York-Specific Guides

• New York’s Contested Divorce Process
• New York Property Division Rules
• New York Spousal Maintenance Formula
• Child Custody in New York
• Child Support and Alimony in New York

National Guides

• Contested vs. Uncontested Divorce
• Complete Guide to Divorce
• Community Property vs. Equitable Distribution
• How Much Does Divorce Cost?