New York Divorce Laws: Residency, Waiting Period, Custody and Support
New York divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for New York
- Residency requirement
- A divorce can be filed in New York only if one of these is true: the spouses married in New York and either spouse has lived there continuously for one year before filing; N.Y. Domestic Relations Law § 230
- Dividing property
- New York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and… N.Y. Domestic Relations Law § 236(B)(1), (5)
- Filing fee
- Court fees are set by statute: $210 to buy an index number to start the case ($190 plus $20 in additional fees), $95 for a request for judicial intervention, and $125 to place a case on the calendar (or $30 when a request for judicial intervention was already filed). N.Y. CPLR §§ 8018, 8020, 1101
- When child support ends
- Parents must support a child until age 21. Child support under New York's guidelines is for an unemancipated child under 21. N.Y. Family Court Act § 413(1)(a), (b)(2)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | A divorce can be filed in New York only if one of these is true: the spouses married in New York and either spouse has lived there continuously for one year before filing; the spouses lived in New York as a married couple and either has lived there for one year before filing; the grounds arose in New York and either spouse has lived there for one year; the grounds arose in New York and both spouses live there when the case is filed; or either spouse has lived in New York continuously for at least two years before filing. |
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| Grounds for divorce | No-fault divorce is available when the relationship has broken down irretrievably for at least six months and one spouse says so under oath; the judgment cannot be granted until property division, spousal support, child support, counsel and expert fees, and custody and visitation are resolved by agreement or decided by the court. Other grounds are cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years, adultery, and living apart for six months or more under a separation judgment or a filed written separation agreement (with substantial compliance with its terms). |
| Filing fee | Court fees are set by statute: $210 to buy an index number to start the case ($190 plus $20 in additional fees), $95 for a request for judicial intervention, and $125 to place a case on the calendar (or $30 when a request for judicial intervention was already filed). Other filing fees may apply, such as $45 per motion and $35 to file a stipulation of settlement. A person who cannot afford the fees may apply to the court for poor person relief to proceed without paying them. Index number fee: https://www.nysenate.gov/legislation/laws/CVP/8018 ; poor person relief: https://www.nysenate.gov/legislation/laws/CVP/1101 Source: N.Y. CPLR §§ 8018, 8020, 1101 |
| Divorce forms | The New York State Unified Court System publishes statewide divorce forms, grouped as Uncontested Divorce Forms, Uncontested Joint Divorce Forms and Contested Divorce Forms. Its Divorce Resources pages also offer a free DIY Uncontested Divorce program, information on e-filing for divorce, maintenance and child support tools, and county-specific information. |
Property and alimony
| Dividing property | New York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and contributions as a spouse, parent, wage earner or homemaker. Separate property stays with its owner and includes property owned before marriage, inheritances and gifts from someone other than the spouse, personal injury compensation, property designated separate by written agreement, and increases in value of separate property (except to the extent caused by the other spouse's contributions or efforts). |
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| Alimony (spousal support) | Post-divorce maintenance uses a statutory guideline formula applied to the paying spouse's income up to a cap (set at $184,000 and adjusted every two years). If child support is also being paid and the payor is the non-custodial parent, the amount is the lower of 20% of the payor's income minus 25% of the payee's income, or 40% of combined income minus the payee's income; otherwise the percentages are 30% and 20%. An advisory duration schedule suggests maintenance lasting 15-30% of the marriage's length for marriages up to 15 years, 30-40% for over 15 up to 20 years, and 35-50% for over 20 years. The court may deviate after considering statutory factors. |
Children: custody and support
| Child custody | Custody is decided by what is in the child's best interests, and neither parent has a presumptive right to custody. If a sworn allegation of domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests and state on the record how it did so. The court may not place a child with a parent who presents a substantial risk of harm based on supported child abuse allegations. The statute does not set an age at which a child's preference controls. |
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| Emergency and temporary custody | A New York court has temporary emergency jurisdiction to make a custody order when the child is in New York and has been abandoned, or when it is necessary in an emergency to protect the child, a sibling or a parent. Custody and visitation cases can be started in Family Court by petition and order to show cause. |
| Grandparents' rights | A grandparent may ask the court for visitation with a minor grandchild living in New York if either or both parents have died, or where conditions exist in which equity would see fit to intervene; the court may order visitation if it is in the child's best interest. A grandparent may seek custody by showing extraordinary circumstances, which include an extended disruption of custody (such as a parent voluntarily giving up care of the child for at least 24 continuous months while the child lived in the grandparent's home). Source: N.Y. Domestic Relations Law § 72 |
Child support
| Child support | New York's guidelines (the Child Support Standards Act) are based on both parents' combined income. Combined parental income, up to a statutory cap, is multiplied by a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Each parent pays a share in proportion to his or her income. Income above the cap is addressed through the statutory factors or the percentage. |
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| When child support ends | Parents must support a child until age 21. Child support under New York's guidelines is for an unemancipated child under 21. |
| Changing a child support order | A court can change a child support order on a showing of a substantial change in circumstances. Unless the parents opted out in a valid written agreement, the court can also modify the order if three years have passed since it was entered or last changed, or if either parent's gross income has changed by 15% or more. A drop in income counts only if it was involuntary and the parent has tried to find comparable work. Modification starts with a petition; past-due support (arrears) cannot be reduced. |
| If child support isn't paid | If a parent does not obey a support order, the court must enter a money judgment for the unpaid amount and can order income deduction, require a bond (undertaking), order sequestration of property, and suspend the parent's driving privileges and state professional, business or recreational licenses. Driving privileges can be suspended once unpaid support equals at least four months of payments. |
| State child support agency | Child support in New York is handled by Child Support Services, part of the New York State Office of Temporary and Disability Assistance (OTDA), working through local district (county) offices. Parents can enroll for child support services, make payments, establish parentage, and view case information through an Online Account; forms and local district office listings are on the same site. |
Separation, annulment, records and marriage
| Legal separation | Available. A separation action may be brought for cruel and inhuman treatment, abandonment, failure to support, adultery, imprisonment for three or more consecutive years, or an irretrievable breakdown of at least six months (stated under oath, with economic and custody issues resolved first). Living apart for six months or more under a separation judgment or written separation agreement can later be a ground for divorce. |
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| Annulment | A marriage may be annulled (or declared void) because a spouse's prior marriage was still in force; a spouse was under the age of legal consent; a spouse had a mental illness or developmental disability; a spouse was incurably physically incapable of entering the marriage (filed within five years); consent was obtained by force, duress or fraud (barred if the spouses voluntarily lived together after learning the facts); or a spouse has been incurably mentally ill for five years or more. |
| Common-law marriage | A marriage entered in New York is valid only if it is solemnized by an authorized officiant (such as clergy, certain public officials or judges) or by a written contract signed by the spouses and at least two witnesses and acknowledged before a judge. A common-law marriage therefore cannot be formed in New York. Source: N.Y. Domestic Relations Law § 11 |
| Changing your name after divorce | Every divorce or annulment judgment must include a provision that each spouse may resume using his or her premarriage surname or any other former surname. |
| Divorce records | There are two kinds of divorce records in New York. The divorce decree (judgment), prepared by the court and signed by the judge, is filed with the County Clerk, usually in the county where the plaintiff lived; contact the County Clerk for a copy. For divorces granted before January 1, 1963, the decree is the only record available. For divorces or civil annulments on or after January 1, 1963, the New York State Department of Health Vital Records office has a Divorce Certificate (Certificate of Dissolution of Marriage) with basic information about the spouses and the date and place the marriage ended. Only either spouse, or someone with a New York State court order, can get a copy of the certificate, with photo ID or other identification. Online and phone orders cost $45 per copy plus a vendor processing fee per transaction. The Department of Health page notes significant processing delays. Mail-order fees were not captured. |
Marriage and name changes
| Getting a marriage license | Both parties must apply in person to any town or city clerk in New York State and sign the application in the clerk's presence; a representative or power of attorney cannot substitute. Both must show documentary proof of age, such as a birth certificate or a government- or school-issued photo ID, and give information about prior marriages (a certified divorce decree may be required). The license is issued immediately, but the ceremony cannot take place within 24 hours after issuance unless a Supreme Court justice or county judge waives the wait. The license is valid for 60 days starting the day after issuance (up to 180 days if a party is on active military duty) and only in New York State. Outside New York City the fee is $40, including the Certificate of Marriage Registration; New York City sets its own fee. No blood test is required. DRL § 13 (read on nysenate.gov) requires a license from a town or city clerk and delivery to the officiant within 60 days. |
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| Minimum marriage age | Marriage of minors under 18 is prohibited in New York. If either applicant is under 18, a marriage license cannot be issued. |
| Legal name change | A New York resident petitions the county court or Supreme Court in the county where he or she lives (in New York City, the Supreme Court or Civil Court). The verified petition states the grounds, birth details, the proposed name, any criminal convictions or bankruptcy, pending judgments or liens, and any child or spousal support obligations and arrears. The court grants the change if satisfied the petition is true and there is no reasonable objection; the order is filed with the county clerk. For people with certain felony convictions, the order is sent to the Division of Criminal Justice Services, and support courts are notified when support is owed. Re-verified 2026-10-27. |
Adoption, guardianship and paternity
| Adoption requirements | An adult unmarried person, an adult married couple together, or two unmarried adult intimate partners together may adopt; a married person living apart under a separation decree or agreement, or for at least three years, may adopt alone. Consent is required from the child if over 14 (unless the court dispenses with it), the parents of a child born in marriage, the mother of a child born outside marriage, a father who meets the statute's conditions, and any person or agency with lawful custody. Consent is not required from a parent who, though able, failed for six months to visit and communicate with the child, or who surrendered the child or had a guardian appointed under the Social Services Law, among other exceptions. In a private-placement adoption, the court orders an investigation, and for a child under 18 no adoption order is made until three months after the petition is received (the court may shorten this for good cause). DRL §§ 110, 111 and 116 were read on nysenate.gov: https://www.nysenate.gov/legislation/laws/DOM/116 Re-verified 2026-10-27. |
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| Stepparent adoption | A spouse may adopt the other spouse's child, whether born in or out of marriage. The other birth parent's consent is required unless an exception applies, such as failing for six months to visit and communicate with the child although able to do so. The three-month waiting period after the petition does not apply when the adoptive parent's spouse is the child's birth parent and the child has lived with both of them for more than three months. DRL §§ 110 and 111 read from FindLaw mirror. |
| Guardianship of a child | Guardianship of a minor's person can be sought in Surrogate's Court, County Court or Family Court; Family Court applies the Surrogate's Court Procedure Act. The court appoints a guardian, or issues temporary letters, if satisfied that the child's interests will be promoted by the appointment, and it may appoint someone other than a parent or the person the petitioner nominated. The court must consider any child abuse register or child protective history of the child, the proposed guardian, the petitioner, or adults in the proposed guardian's home. A person under 21 may consent to a guardianship continuing after 18. Family Court may also appoint a permanent guardian when the child is in agency custody or both parents whose consent would be needed for adoption have died. Family Court Act § 661 read from FindLaw mirror. |
| Guardianship of an adult | Under Mental Hygiene Law Article 81, the court may appoint a guardian if it is necessary to provide for the person's personal needs (food, clothing, shelter, health care, safety) or property management, and the person either agrees or is found incapacitated. Incapacity must be shown by clear and convincing evidence that the person is likely to suffer harm because he or she cannot provide for personal needs or manage property and cannot adequately understand and appreciate the consequences. The court focuses on functional limitations, considers the court evaluator's report and whether sufficient and reliable available resources make a guardian unnecessary, and grants only the powers needed as the least restrictive form of intervention. Re-verified 2026-10-27. Source: N.Y. Mental Hyg. Law § 81.02 |
| Establishing paternity | An acknowledgment of parentage must be in writing and filed with the registrar of the district where the birth occurred; it establishes parentage and support liability without further court ratification. An adult signer may seek to rescind it by filing a court petition to vacate within the earlier of 60 days after signing or the date of a court or administrative proceeding about the child (such as a support case) in which the signer is a party; signers who were under 18 have until 60 days after turning 18 or the answer date in such a proceeding, whichever is earlier. On a timely petition the court generally orders genetic testing. After those deadlines, a signer may challenge only by proving fraud, duress or material mistake of fact. Re-verified 2026-10-27. Source: N.Y. Fam. Ct. Act § 516-a |
Divorce & Family Law FAQ
How long do you have to live in New York to file for divorce?
A divorce can be filed in New York only if one of these is true: the spouses married in New York and either spouse has lived there continuously for one year before filing; the spouses lived in New York as a married couple and either has lived there for one year before filing; the grounds arose in New York and either spouse has lived there for one year; the grounds arose in New York and both spouses live there when the case is filed; or either spouse has lived in New York continuously for at least two years before filing.
Is New York a no-fault divorce state?
No-fault divorce is available when the relationship has broken down irretrievably for at least six months and one spouse says so under oath; the judgment cannot be granted until property division, spousal support, child support, counsel and expert fees, and custody and visitation are resolved by agreement or decided by the court. Other grounds are cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years, adultery, and living apart for six months or more under a separation judgment or a filed written separation agreement (with substantial compliance with its terms).
How much does it cost to file for divorce in New York?
Court fees are set by statute: $210 to buy an index number to start the case ($190 plus $20 in additional fees), $95 for a request for judicial intervention, and $125 to place a case on the calendar (or $30 when a request for judicial intervention was already filed). Other filing fees may apply, such as $45 per motion and $35 to file a stipulation of settlement. A person who cannot afford the fees may apply to the court for poor person relief to proceed without paying them.
Is New York a community property state?
New York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and contributions as a spouse, parent, wage earner or homemaker. Separate property stays with its owner and includes property owned before marriage, inheritances and gifts from someone other than the spouse, personal injury compensation, property designated separate by written agreement, and increases in value of separate property (except to the extent caused by the other spouse's contributions or efforts).
How is alimony decided in New York?
Post-divorce maintenance uses a statutory guideline formula applied to the paying spouse's income up to a cap (set at $184,000 and adjusted every two years). If child support is also being paid and the payor is the non-custodial parent, the amount is the lower of 20% of the payor's income minus 25% of the payee's income, or 40% of combined income minus the payee's income; otherwise the percentages are 30% and 20%. An advisory duration schedule suggests maintenance lasting 15-30% of the marriage's length for marriages up to 15 years, 30-40% for over 15 up to 20 years, and 35-50% for over 20 years. The court may deviate after considering statutory factors.
How is child custody decided in New York?
Custody is decided by what is in the child's best interests, and neither parent has a presumptive right to custody. If a sworn allegation of domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests and state on the record how it did so. The court may not place a child with a parent who presents a substantial risk of harm based on supported child abuse allegations. The statute does not set an age at which a child's preference controls.
How is child support calculated in New York?
New York's guidelines (the Child Support Standards Act) are based on both parents' combined income. Combined parental income, up to a statutory cap, is multiplied by a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Each parent pays a share in proportion to his or her income. Income above the cap is addressed through the statutory factors or the percentage.
Can you get a legal separation in New York?
Available. A separation action may be brought for cruel and inhuman treatment, abandonment, failure to support, adultery, imprisonment for three or more consecutive years, or an irretrievable breakdown of at least six months (stated under oath, with economic and custody issues resolved first). Living apart for six months or more under a separation judgment or written separation agreement can later be a ground for divorce.
What are the grounds for annulment in New York?
A marriage may be annulled (or declared void) because a spouse's prior marriage was still in force; a spouse was under the age of legal consent; a spouse had a mental illness or developmental disability; a spouse was incurably physically incapable of entering the marriage (filed within five years); consent was obtained by force, duress or fraud (barred if the spouses voluntarily lived together after learning the facts); or a spouse has been incurably mentally ill for five years or more.
Does New York recognize common-law marriage?
A marriage entered in New York is valid only if it is solemnized by an authorized officiant (such as clergy, certain public officials or judges) or by a written contract signed by the spouses and at least two witnesses and acknowledged before a judge. A common-law marriage therefore cannot be formed in New York.
Do grandparents have visitation rights in New York?
A grandparent may ask the court for visitation with a minor grandchild living in New York if either or both parents have died, or where conditions exist in which equity would see fit to intervene; the court may order visitation if it is in the child's best interest. A grandparent may seek custody by showing extraordinary circumstances, which include an extended disruption of custody (such as a parent voluntarily giving up care of the child for at least 24 continuous months while the child lived in the grandparent's home).
How do you change your name back after a divorce in New York?
Every divorce or annulment judgment must include a provision that each spouse may resume using his or her premarriage surname or any other former surname.
At what age does child support end in New York?
Parents must support a child until age 21. Child support under New York's guidelines is for an unemancipated child under 21.
What happens if you don't pay child support in New York?
If a parent does not obey a support order, the court must enter a money judgment for the unpaid amount and can order income deduction, require a bond (undertaking), order sequestration of property, and suspend the parent's driving privileges and state professional, business or recreational licenses. Driving privileges can be suspended once unpaid support equals at least four months of payments.
How do you modify child support in New York?
A court can change a child support order on a showing of a substantial change in circumstances. Unless the parents opted out in a valid written agreement, the court can also modify the order if three years have passed since it was entered or last changed, or if either parent's gross income has changed by 15% or more. A drop in income counts only if it was involuntary and the parent has tried to find comparable work. Modification starts with a petition; past-due support (arrears) cannot be reduced.
How do you get emergency custody in New York?
A New York court has temporary emergency jurisdiction to make a custody order when the child is in New York and has been abandoned, or when it is necessary in an emergency to protect the child, a sibling or a parent. Custody and visitation cases can be started in Family Court by petition and order to show cause.
Are divorce records public in New York, and how do I get a copy?
There are two kinds of divorce records in New York. The divorce decree (judgment), prepared by the court and signed by the judge, is filed with the County Clerk, usually in the county where the plaintiff lived; contact the County Clerk for a copy. For divorces granted before January 1, 1963, the decree is the only record available. For divorces or civil annulments on or after January 1, 1963, the New York State Department of Health Vital Records office has a Divorce Certificate (Certificate of Dissolution of Marriage) with basic information about the spouses and the date and place the marriage ended. Only either spouse, or someone with a New York State court order, can get a copy of the certificate, with photo ID or other identification. Online and phone orders cost $45 per copy plus a vendor processing fee per transaction.
How do you get a marriage license in New York?
Both parties must apply in person to any town or city clerk in New York State and sign the application in the clerk's presence; a representative or power of attorney cannot substitute. Both must show documentary proof of age, such as a birth certificate or a government- or school-issued photo ID, and give information about prior marriages (a certified divorce decree may be required). The license is issued immediately, but the ceremony cannot take place within 24 hours after issuance unless a Supreme Court justice or county judge waives the wait. The license is valid for 60 days starting the day after issuance (up to 180 days if a party is on active military duty) and only in New York State. Outside New York City the fee is $40, including the Certificate of Marriage Registration; New York City sets its own fee. No blood test is required.
What is the legal age to get married in New York?
Marriage of minors under 18 is prohibited in New York. If either applicant is under 18, a marriage license cannot be issued.
What are the requirements to adopt a child in New York?
An adult unmarried person, an adult married couple together, or two unmarried adult intimate partners together may adopt; a married person living apart under a separation decree or agreement, or for at least three years, may adopt alone. Consent is required from the child if over 14 (unless the court dispenses with it), the parents of a child born in marriage, the mother of a child born outside marriage, a father who meets the statute's conditions, and any person or agency with lawful custody. Consent is not required from a parent who, though able, failed for six months to visit and communicate with the child, or who surrendered the child or had a guardian appointed under the Social Services Law, among other exceptions. In a private-placement adoption, the court orders an investigation, and for a child under 18 no adoption order is made until three months after the petition is received (the court may shorten this for good cause).
How does stepparent adoption work in New York?
A spouse may adopt the other spouse's child, whether born in or out of marriage. The other birth parent's consent is required unless an exception applies, such as failing for six months to visit and communicate with the child although able to do so. The three-month waiting period after the petition does not apply when the adoptive parent's spouse is the child's birth parent and the child has lived with both of them for more than three months.
How do you get guardianship of a child in New York?
Guardianship of a minor's person can be sought in Surrogate's Court, County Court or Family Court; Family Court applies the Surrogate's Court Procedure Act. The court appoints a guardian, or issues temporary letters, if satisfied that the child's interests will be promoted by the appointment, and it may appoint someone other than a parent or the person the petitioner nominated. The court must consider any child abuse register or child protective history of the child, the proposed guardian, the petitioner, or adults in the proposed guardian's home. A person under 21 may consent to a guardianship continuing after 18. Family Court may also appoint a permanent guardian when the child is in agency custody or both parents whose consent would be needed for adoption have died.
How do you get guardianship of an adult in New York?
Under Mental Hygiene Law Article 81, the court may appoint a guardian if it is necessary to provide for the person's personal needs (food, clothing, shelter, health care, safety) or property management, and the person either agrees or is found incapacitated. Incapacity must be shown by clear and convincing evidence that the person is likely to suffer harm because he or she cannot provide for personal needs or manage property and cannot adequately understand and appreciate the consequences. The court focuses on functional limitations, considers the court evaluator's report and whether sufficient and reliable available resources make a guardian unnecessary, and grants only the powers needed as the least restrictive form of intervention.
How do you establish paternity in New York?
An acknowledgment of parentage must be in writing and filed with the registrar of the district where the birth occurred; it establishes parentage and support liability without further court ratification. An adult signer may seek to rescind it by filing a court petition to vacate within the earlier of 60 days after signing or the date of a court or administrative proceeding about the child (such as a support case) in which the signer is a party; signers who were under 18 have until 60 days after turning 18 or the answer date in such a proceeding, whichever is earlier. On a timely petition the court generally orders genetic testing. After those deadlines, a signer may challenge only by proving fraud, duress or material mistake of fact.
How do you legally change your name in New York?
A New York resident petitions the county court or Supreme Court in the county where he or she lives (in New York City, the Supreme Court or Civil Court). The verified petition states the grounds, birth details, the proposed name, any criminal convictions or bankruptcy, pending judgments or liens, and any child or spousal support obligations and arrears. The court grants the change if satisfied the petition is true and there is no reasonable objection; the order is filed with the county clerk. For people with certain felony convictions, the order is sent to the Division of Criminal Justice Services, and support courts are notified when support is owed.
Where can I get divorce papers and forms in New York?
The New York State Unified Court System publishes statewide divorce forms, grouped as Uncontested Divorce Forms, Uncontested Joint Divorce Forms and Contested Divorce Forms. Its Divorce Resources pages also offer a free DIY Uncontested Divorce program, information on e-filing for divorce, maintenance and child support tools, and county-specific information.
Who handles child support in New York, and how do I contact them?
Child support in New York is handled by Child Support Services, part of the New York State Office of Temporary and Disability Assistance (OTDA), working through local district (county) offices. Parents can enroll for child support services, make payments, establish parentage, and view case information through an Online Account; forms and local district office listings are on the same site.
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