Divorce in New York
New York allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a New York resident for two years (or one year under certain conditions). No-fault divorce requires the relationship to have been irretrievably broken for at least six months.
Quick Facts
Residency Requirement
1-2 years residency required
Waiting Period
None after filing
Filing Fee
$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 requirements vary from 1-2 years depending on circumstances
- ★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 a formula to calculate temporary maintenance during divorce proceedings. Post-divorce maintenance considers factors including the length of the marriage, age and health of the parties, present and future earning capacity, and the need for one party to incur education expenses.
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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 complex residency rules. Generally, at least one spouse must have been a New York resident for 2 continuous years, or 1 year if the couple was married in New York, lived in New York as a married couple, or the grounds for divorce arose in New York.