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How to File for Divorce in New York, NY

Step-by-step guide to filing for divorce in New York, NY. Requirements, costs, and timelines. New York follows equitable distribution.

Property Type

Equitable

Filing Fee

$335–$380

Median Cost

$15,000–$65,000

Annual Divorces

55,000+

Understanding How to File for Divorce in New York, NY

To file for divorce in New York, NY, you must meet New York’s residency requirement of 12 months (varies by ground). The filing fee is $335–$380. There is no mandatory waiting period, which can expedite uncontested cases.

New York allows both no-fault and fault-based divorce. Fault grounds include: Cruel treatment, Abandonment, Imprisonment, Adultery. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in New York typically costs $15,000 and takes 2–4 months. Contested cases average $65,000 and can take 12–18 months or longer. The governing statute is NY DRL §236B.

Common Questions

How long do you have to live in New York to file for divorce?
New York requires 12 months (varies by ground) of residency before you can file for divorce. NY DRL §236B governs the filing requirements.
Is New York a community property or equitable distribution state?
New York follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in New York?
Filing fees in New York range from $335–$380. The median total cost is approximately $15,000 for uncontested divorces and $65,000 for contested cases.
How long does a divorce take in New York?
New York has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New York?
New York uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about how to file for divorce in New York, NY and is not legal advice. Verify current statutes with NY DRL §236B or consult a licensed New York attorney. Last reviewed March 2026.