New York divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Divorce in New York: the 6-month breakdown rule
New York held out longer than anyone: it was the last state in the country to allow no-fault divorce when it added DRL 170(7) in 2010. Today that ground — the relationship has been irretrievably broken for at least six months, stated under oath — is the standard route, and it needs no fault, no separation agreement, and no one’s permission. After filing there is no waiting period, but every economic issue must be resolved before the judgment is entered.
Filing requires one year of continuous residency under DRL § 230, enforced strictly — 364 days will not pass. The case starts with a Summons with Notice or Summons and Complaint in the Supreme Court of your county, and the state runs on the Uniform Uncontested Divorce Packets, with a separate version for couples with children under 21. The DIY Uncontested Divorce Program on NY CourtHelp walks self-represented filers through the paperwork.
Property is divided through equitable distribution under DRL § 236(B)(5), spousal support is called maintenance, and child support follows the Child Support Standards Act percentages under DRL § 240. The filing fee is a minimum of $335 — the $210 index number plus the $125 note of issue — before the optional fees for motions.