Divorce in New York — the plain-English overview

New York was the last state to allow no-fault divorce (it caught up in 2010 by adding "irretrievable breakdown for at least six months" to the grounds list at N.Y. Dom. Rel. Law § 170), and its terminology and procedure can feel older than its neighbors’. The rules below shape almost every New York divorce. None of this replaces talking to a New York family-law attorney about your specifics, but knowing the starting framework helps you read your own paperwork.

Where you file

New York divorces are filed in the Supreme Court — which, despite the name, is the trial court in New York (not an appellate court). The Supreme Court of the county where you or your spouse live is where the case lives.

Residency in New York is unusual: there are multiple ways to qualify under N.Y. Dom. Rel. Law § 230, including (1) one spouse has lived in NY for at least 2 years before filing, (2) you were married in NY and one spouse has lived here for 1 year, (3) you lived in NY as a married couple and one spouse has lived here for 1 year, or (4) the grounds for divorce occurred in NY and both spouses are NY residents at filing. At least one of these has to apply.

How long it takes

New York doesn’t impose a statutory waiting period the way California or Texas do. In theory you could finalize the moment the paperwork is processed. In practice, that doesn’t happen.

Contested divorces in New York often take a year or two, especially in busier downstate counties. NYC, Nassau, Suffolk, and Westchester courts run heavier calendars than upstate jurisdictions, and that shows up as time.

Property — what state law assumes

New York is an equitable distribution state. Marital property — broadly, what was acquired by either spouse during the marriage — is divided in a way the court finds equitable (N.Y. Dom. Rel. Law § 236(B)). That often lands near 50/50, but the court considers factors including each spouse’s income and property at the time of marriage, duration of the marriage, age and health of each spouse, future financial circumstances, and contributions to the other spouse’s career.

Property either spouse owned before the marriage, plus what was inherited or gifted individually, generally stays separate property. As elsewhere, commingling (mixing separate and marital money) can convert separate property into marital property over time.

Custody — the starting framework

New York has no statutory presumption in favor of joint custody. Courts decide custody based on the best interests of the child (N.Y. Dom. Rel. Law § 240), weighing factors like each parent’s relationship with the child, each parent’s ability to provide stability, the child’s wishes (weighted by age), and any history of domestic violence or substance abuse.

In practice, many New York custody cases settle with joint legal custody (both parents share major decisions) and primary physical custody to one parent, with a defined parenting-time schedule for the other. Truly 50/50 physical custody happens but is less common than in some states.

If you and your spouse can agree on a custody arrangement, the court almost always approves it. If you can’t, the court may appoint an attorney for the child (also called a "law guardian" in older paperwork) to represent the child’s interests, and the case proceeds through hearings on a litigated schedule that can take many months.

Filing fees and fee waivers

New York charges an index number fee of $210 when you start a divorce case, plus a Request for Judicial Intervention (RJI) fee of $95, plus additional fees for Note of Issue and Motion filings as the case progresses. The all-in basic filing cost is typically around $335 before motion practice.

If you can’t afford the fees, New York lets you file a Poor Person’s Application (a/k/a an application to proceed in forma pauperis) under N.Y. CPLR § 1101 along with an affidavit of financial hardship. If granted, court fees are waived for your case.

What this page can’t tell you

New York courts vary substantially across the state:

• NYC (which has its own Supreme Court matrimonial parts) runs different calendars and local rules than upstate counties.
• The specific judge’s "Part rules" — individual judges in NY have their own procedural preferences (motion practice, conference schedules, etc.) — can meaningfully affect how your case proceeds.
• Some counties offer uncontested divorce packets that streamline pro se filings; others don’t.
• Court-mandated mediation is common in some judicial districts and not in others.

The New York Courts website (nycourts.gov/divorce) hosts the official forms and procedural guides. For anything strategic — especially around equitable distribution, maintenance (NY’s word for spousal support), or contested custody — talk to a New York family-law attorney.

Statutes referenced

• Residency — N.Y. Dom. Rel. Law § 230
• Grounds for divorce (incl. no-fault) — N.Y. Dom. Rel. Law § 170
• Equitable distribution — N.Y. Dom. Rel. Law § 236(B)
• Custody (best interest) — N.Y. Dom. Rel. Law § 240
• Poor-person status / fee waiver — N.Y. CPLR § 1101

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.