In New York, you can only file for divorce in the state's Supreme Court, and only if you meet one of New York's residency rules. Most people rely on New York's "no-fault" ground, which requires a sworn statement that the marriage has broken down irretrievably for at least six months — but the divorce judgment cannot actually be signed under that ground until property division, support, and custody issues are resolved or decided by the court. Filing fees run at least $335 for an uncontested case. Here's how the pieces fit together.
Can You File for Divorce in New York? Residency Rules
Before a New York court can even accept your case, you (or your spouse) must satisfy one of New York's residency requirements under N.Y. Domestic Relations Law § 230. New York gives you three different ways to qualify, and you only need to meet one:
Either spouse has lived in New York continuously for at least one year before filing, and the couple married in New York, lived in New York as a married couple, or the grounds for divorce arose in New York; or
The grounds for the divorce arose in New York and both spouses are New York residents when the case is filed — with no minimum length of residency required for this option; or
Either spouse has lived in New York continuously for at least two years before filing, with no other condition attached.
Because there are three separate paths, someone who recently moved to New York, or whose spouse still lives out of state, may still be able to file — it depends on which of the three boxes is checked.
Grounds for Divorce in New York
New York recognizes both a no-fault ground and several fault-based grounds. You only need to prove one.
No-fault divorce
Under DRL § 170(7), a spouse can obtain a divorce by stating under oath that the marriage relationship has broken down irretrievably for a period of at least six months. This is by far the most common way New Yorkers file today, and it does not require blaming the other spouse for anything. Time-sensitive to know: New York only added this no-fault option in 2010 — for decades before that, New York required proof of fault or a lengthy separation, so older guidance you might come across may not reflect current law.
Fault-based grounds
New York also still allows divorce based on fault, under DRL § 170(1)–(6):
Cruel and inhuman treatment
Abandonment for one year or more
Imprisonment of the other spouse for three or more consecutive years
Adultery
Living apart for at least one year after a judgment of separation
Living apart for at least one year under a written separation agreement
Fault grounds can require more proof and are less commonly used now that no-fault is available, but they remain on the books and may matter in specific situations.
The "Waiting Period" — Why a New York Divorce Isn't Instant
New York does not use a simple fixed calendar countdown the way some states do. Instead, the law builds in a substantive checklist: no judgment of divorce may be granted under the no-fault ground until equitable distribution of marital property, spousal support, child support, counsel and expert fees, and custody and visitation have either been agreed to by both spouses or decided by the court and written into the judgment (DRL § 170(7)). In practice, this means the real "waiting period" in most New York divorces is however long it takes to resolve those issues — which can be fast if both spouses agree on everything and slow if they don't.
Time-sensitive flag: if child support has already been ordered as part of your case, be aware that federal law (the accrued-support protection in 42 U.S.C. § 666(a)(9)(C)) generally does not allow past-due child support to be reduced or forgiven retroactively once it has accrued — so delays in finalizing a support order don't erase amounts already owed under a temporary order.
Where to File and What It Costs
In New York, the Supreme Court is the only court that handles divorce cases — not Family Court or a local civil court. You'll interact with the County Clerk's office to pay court fees and to keep your county case file.
$210 for an index number (the fee to open your case)
An uncontested divorce costs at least $335 in court filing fees total — the $210 index number plus a $125 fee for the Request for Judicial Intervention (RJI) and Note of Issue
An additional fee of about $35 to file a settlement agreement, if you have one
A fee waiver is available if you can show extreme financial hardship. Time-sensitive flag: court fees can change over time, so confirm the current amounts with your County Clerk before you file rather than relying solely on any figure you've read online, including this one.
Dividing Retirement Benefits
Retirement accounts and pensions earned during the marriage are typically part of the marital property discussion in a New York divorce. According to the New York State Comptroller's office, New York courts look to the case Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), for guidance on how to determine an ex-spouse's share of a public pension earned during the marriage. Because the exact calculation depends on your specific pension plan and marriage timeline, ask the plan administrator (or the Comptroller's retirement division, for public pensions) how the Majauskas approach would apply to your benefit.
If either spouse has military retired pay, a separate federal law applies: the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408) allows state courts, including New York's, to treat military "disposable retired pay" as marital property that can be divided in the divorce. It's important to understand what this law does not do — it does not guarantee any fixed 50/50 split; how much (if anything) a spouse receives is still decided under New York's own property-division rules. The federal law separately allows the former spouse to receive their share paid directly from the Defense Finance and Accounting Service, but only if the couple was married for 10 or more years that overlapped with 10 or more years of the servicemember's military service (the "10/10 rule"). If that 10/10 overlap isn't met, a spouse's share may still be awarded by the New York court — it just isn't paid directly by DFAS.
Protections for Military Servicemembers
If you or your spouse is on active military duty, the federal Servicemembers Civil Relief Act (50 U.S.C. § 3932) may apply. It lets a servicemember whose military duties materially affect their ability to appear in court request a stay (a pause) of at least 90 days in the divorce case — including issues of custody and support — so that deployed or active-duty spouses aren't forced to litigate while unable to participate, and so they aren't hit with a default judgment while unavailable.
What You Can Do in New York
Confirm you meet one of the three residency options under DRL § 230 before you file — check which one applies to your situation.
Decide on your ground — most people use the no-fault, irretrievable-breakdown ground under DRL § 170(7), but review the fault-based options if they fit your circumstances.
Gather your documents — marriage certificate, financial information, and any existing custody or support orders.
File with the County Clerk in the appropriate county and pay the index number fee to open your Supreme Court case (ask about a fee waiver if cost is a barrier).
Work through property division, support, and custody — either by agreement with your spouse or through the court — since these must be resolved before a no-fault judgment can be signed.
File the Request for Judicial Intervention and Note of Issue, and your settlement agreement if you have one, paying the associated fees.
If military service is involved, raise SCRA protections or USFSPA/10-10 rule questions with the court early, since they can affect timing and how retired pay is divided.
Obtain your signed judgment of divorce once all required issues are resolved and incorporated into the judgment.
This article is for general information only and is not legal advice; for guidance on your specific New York divorce, consult a licensed New York attorney or your county's court resources.
Frequently asked questions
How long do you have to live in New York before you can file for divorce?
It depends which of New York's three residency options you use: one year of continuous residency plus a New York connection (marriage, marital residence, or grounds arising in NY), no set minimum if both spouses currently live in New York and the grounds arose there, or two years of continuous residency with no other condition.
What is the fastest ground for divorce in New York?
Most people use the no-fault ground under DRL § 170(7), which only requires a sworn statement that the marriage has broken down irretrievably for at least six months — but the judgment still can't be finalized until property, support, and custody issues are resolved.
How much does an uncontested divorce cost in New York?
Court filing fees are at least $335: a $210 index number fee plus $125 for the Request for Judicial Intervention and Note of Issue. There's an additional fee of about $35 to file a settlement agreement, and a fee waiver is available for extreme financial hardship.
Can a deployed servicemember pause a New York divorce case?
Yes. Under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3932), a servicemember whose military duties materially affect their ability to appear can request a stay of at least 90 days in the case, including custody and support matters.
Does my spouse automatically get half of my military retirement in a New York divorce?
No. Federal law (10 U.S.C. § 1408) allows New York courts to treat military disposable retired pay as marital property, but it does not set a mandatory 50/50 split — New York's own property-division rules decide the amount. Direct payment from the Defense Finance and Accounting Service is only available if the marriage overlapped 10 or more years with 10 or more years of military service.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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