How to File for Divorce in New York
How to file for divorce in New York: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: 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
| 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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| 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. |
More New York divorce & family law
- Getting a Marriage License in New York
- Adopting a Child in New York
- Guardianship of a Child or Adult in New York
- Establishing Paternity in New York
- Changing Your Name in New York
- Child Custody Laws in New York
- How Child Support Is Calculated in New York
- Divorce Records in New York
- Alimony and Spousal Support in New York
- Legal Separation and Annulment in New York
- All New York divorce & family law rules
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.
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.
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.