New York has very strict guidelines on who can file for divorce. To file for divorce in the state of New York you must satisfy one of the following requirements:
- You or your spouse must have lived in New York State for a continuous period of at
least two years immediately before you file for divorce.
- You or your spouse must have lived in New York State on the date you start your
divorce action and for a continuous period of at least one year immediately before the
date you file for divorce, and at least one of the following must also be true:
a) Your marriage ceremony was performed in the state of New York OR
b) You lived with your spouse in the state of New York as a married couple.
- You or your spouse must have lived in the state of New York for a continuous period of at
least one year immediately before you file for divorce and your grounds for divorce must have occurred in the state of New York.
- You and your spouse must have resided in the state of New York State (no matter how long) on the date you file for divorce, and your grounds for divorce must have occurred in the state of
New York law provides that you can file for divorce for one of seven specific reasons. Six of these are considered “fault” ground for divorce. The 7th reason is irretrievable breakdown in relationship. To get a divorce on this ground, your relationship must have broken down irretrievably so that it cannot be repaired or reconciled for a period of at least six months.
A no-fault divorce is not automatically granted in New York even though it is commonly called “no-fault divorce.” The court will not grant you a divorce based on this ground unless and until 1) one of the parties has sworn under oath that the relationship has broken down irretrievably for a period of at least six months AND 2) you and your spouse have either agreed on all the issues of distribution of assets, maintenance, child support, and custody and visitation with the minor children of the marriage OR these issues have been decided by the court and incorporated into the final judgment.
To file for an uncontested divorce in New York you can use the following packet:
New York Uniform Uncontested Divorce Packet
Below are the individual forms to file for uncontested divorce in the state of New York. You will not need these forms if you use the above packet.
New York Divorce Summons With Notice
New York Divorce Verified Complaint
New York Divorce Affidavit of Defendant
New York Divorce Annual Income Worksheet
New York Maintenance Guidelines Worksheet
New York Child Support Worksheet
New York Support Collection Unit Information Sheet
New York Part 130 Certification
New York Divorce Notice of Entry
New York Affidavit of Service By Mail of Judgment of Divorce
New York Certificate of Dissolution of Marriage
New York Divorce Notice of Settlement
Feel like you need a divorce lawyer? Visit our Divorce Lawyers in New York page.