This page organizes the recorded statewide starting rules and official sources for New York. Court location, local forms, fees, service, deadlines and individual eligibility still require confirmation before filing.
Source record reviewed: 2026-10-29 · Page updated: 2026-11-03 · Not attorney-certified legal advice
The no-fault ground requires the marriage to have broken down irretrievably for at least 6 months; this is not a fixed waiting period after filing. Economic and child-related issues must be resolved or decided by the court.
Equitable distribution does not necessarily mean equal division. Retirement and separate-property claims require separate review.
Divorce Filing Path provides an intake roadmap and source links for this jurisdiction. Selected official PDF drafting is not currently offered for this state; do not purchase expecting state-form generation.
DRL §230 provides alternatives: one spouse’s continuous 2-year residence; 1 year with a qualifying New York connection through marriage, living together or the ground for divorce; or the ground arising in the state and both spouses being state residents when filing. Compare all alternatives in the statute. Record actual dates and do not combine two people’s residence periods unless the controlling rule expressly allows it.
Use the official statewide source to locate the trial court or clerk. Confirm venue, the family-law filing location, accepted filing method, current fee and required local packet.
Check whether the state distinguishes regular, joint, simplified, summary, contested or uncontested procedures. Agreement alone does not prove eligibility for a shorter procedure.
Prepare legal names, marriage and separation dates, residence history, children’s information, income, expenses, assets, debts, requested relief and existing orders.
Complete only facts you know. Leave clerk, court, signature, notarization, service and later-event fields for the correct person and stage.
A draft or download is not a filed case. Follow the clerk’s instructions and record service or waiver only after the legally effective event occurs.
Use current financial, child-jurisdiction, parenting and support documents. Settlement terms should match the procedure and be reviewed before rights are waived.
A waiting or separation period does not itself end a marriage. Confirm entry and the effective date from the court’s signed or entered order.
There are five routes: 2 continuous years by either spouse; 1 continuous year plus marriage in New York, living together there as spouses, or the ground arising there; or the ground arising in New York with both spouses resident when filing. Select a special rule if the correct branch is unresolved.
This intake question helps organize facts; it does not decide domicile, jurisdiction or venue for an individual case.
Open the official page and read the current instructions. A listed document may be conditional or require local additions.
The appropriate initial packet for a single-party filing.
Open official starting point ↗A separate official option for joint filing; review eligibility.
Open official starting point ↗Child-related attachments appropriate to the age and case.
Open official starting point ↗A fee-waiver application based on financial circumstances.
Open official starting point ↗Rules, forms, fees and local procedures can change. These links are the controlling starting points; the explanations on this site are preparation guidance, not a substitute for the current source.