New York

Divorce Residency Requirements To Get Divorce In New York

To file for a divorce in New York, you will need to meet at least one of the following residency requirements:

  • The marriage ceremony was conducted in New York State, and at least one spouse is a resident of the state when the divorce is filed and was for a year before submitting.
  • The couple lived together in New York State, and either spouse currently lives in the state and has lived there for at least one year before filing.
  • The grounds for divorce occurred in New York State, and either of the spouses has been a resident for at least one year before filing, and currently remains a resident.
  • The grounds for divorce happened within the state, and both spouses are New York residents, though not for necessarily an entire year.
  • The couple was married outside the state, and the grounds occurred outside the state. In this case, at least one of the spouses must have been a resident for at least two years before filing.

Divorce Forms

The divorce documents provided by Divorce.com are the same approved forms created by the New York State Unified Court System.


Appearing In Court

In most cases, you do not have to appear in front of a judge to file for divorce. You can visit the clerk’s office or have someone deliver documents to the clerk’s office, to receive a case number and submit your documents. However, after the documents are filed, and fees paid, there are no appearances necessary. This makes for a quick and easy divorce process.


Reasons For Divorce In New York

To file for divorce in New York State, you must establish grounds (legally acceptable reasons).

New York State is particular when establishing a basis for divorce. While some other states allow couples to file for divorce without a lawyer because they don't get along (irreconcilable differences), New York requires grounds for the divorce. A waiting period may be applicable. Regardless of the ground you choose, Divorce.com can assist you in completing an uncontested divorce.

There are seven grounds, legally acceptable reasons, for a divorce in New York State:

  1. Irretrievable breakdown in relationship for a period of at least 6 months This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. Issues are settled when an agreement has been reached or they have been resolved.
  2. Cruel and inhuman treatment To use this ground, specific acts of cruelty must have happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The acts of cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
  3. Abandonment To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the Plaintiff, this is called "constructive" abandonment.
  4. Imprisonment To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
  5. Adultery To use this ground, the Plaintiff must show that the spouse committed adultery during the marriage. This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed.
  6. Divorce after a legal separation agreement To use this ground, the Plaintiff and Defendant sign and file a valid separation agreement and live apart for one year. The separation agreement must meet specific legal requirements to be valid.
  7. Divorce after a judgment of separation This ground is not used very often and is sometimes called a conversion. To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.

Each ground has its specific waiting period, when applicable.

Further explanations of the grounds for divorce in New York are provided in your instruction list you’ll receive when you decide to utilize a DIY divorce with Divorce.com. Our process can be used for any of the six grounds when you choose to file a divorce without an attorney.


Filing Fees

The fees for filing divorce papers in the New York courts are in addition to the charges for using Divorce.com. The court costs vary from county to county. For more information on costs, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.


Lower Income Status

If an individual doesn’t have the finances available to pay for a divorce action, they may apply to have the filing fees (not the fees from Divorce.com) forgiven, or waived, by the court. Divorce.com provides the forms to apply for having these fees waived.