How to File for Divorce in New York (2026)

New York was the last state to adopt no-fault divorce, and its residency rules are a little more involved than most. Here's what to know.

Residency requirement

New York gives you several ways to qualify. The most common is that either spouse has lived in the state continuously for at least one year and the marriage has a connection to New York (for example, you married or lived as a couple there). There's also a two-year option if the shorter routes don't apply.

Grounds

New York's no-fault ground requires stating that the marriage has been 'irretrievably broken' for at least six months. All other economic and custody issues must be settled before the divorce is finalized.

Uncontested process

If you and your spouse agree on everything, New York's uncontested process is done largely on paper. You'll prepare a set of forms, your spouse signs an affidavit, and a judge reviews and signs, often without either of you appearing in court.

Where to file

You file with the Supreme Court in your county (in New York, the Supreme Court is the trial-level court) and pay the filing fees, with a waiver available if you qualify.

This is general information, not legal advice; confirm the current rules with your New York county court. We tailor your New York forms and instructions to your county when you begin.

Frequently asked questions

How much does a divorce cost in New York in 2026?

Preparing an uncontested divorce in New York with SimplyDivorceOnline is a flat $149, plus your county court's filing fee (about $335 in total court fees). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in New York?

Most people finish the paperwork in a weekend. After you file, New York generally requires no fixed waiting period once all issues are resolved, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in New York?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in New York yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in New York if my spouse won't cooperate?

Yes. New York, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in New York?

You file with the Supreme Court in the county where you (or your spouse) live, using the Summons With Notice (Form UD-1). Your county clerk processes the case; New York's official court website has current forms and fees.