Divorce Laws in New York
Divorce requirements in New York: residency, waiting period, property division, grounds, and filing fees — summarized clearly.
State divorce rules, summarized free — no account needed.New York divorce rules at a glance: residency, waiting period, property division, grounds, and filing fees — summarized in plain language.
Key Requirements at a Glance
| Requirement | Rule in New York |
|---|---|
| Residency | varies (1 yr if both nonresident; 6 mo + 1-yr domicile if one resident) |
| Property system | Equitable distribution |
| Waiting period | about 6 months to final |
| Grounds | no-fault (irretrievable breakdown) + fault |
| Filing fee | $210–$335 |
Property System in New York
New York uses equitable distribution: the court divides marital property fairly, which is not always an equal 50/50 split. Equitable distribution; residency rules complex.
Source: New York family code, last reviewed 2026. County rules and fees vary — verify with the local court or a family-law attorney.
Frequently Asked Questions
What is the difference between no-fault and fault divorce?
No-fault means neither spouse blames the other (usually "irreconcilable differences"). Fault divorce cites a reason such as adultery or cruelty. Most states now allow no-fault; some still permit fault claims that can affect property or support.
What is the difference between community property and equitable distribution?
In community property states, assets acquired during marriage are split 50/50. In equitable distribution states, the court divides property fairly, which may but need not be an equal split.
How long does a divorce take?
After filing, most states impose a waiting period (often 1–6 months) before the divorce is final. Contested cases with disputes over property or custody take longer.
Does SplitState give legal advice?
No. SplitState is a reference only. County rules and fees vary; confirm with the local court or a licensed family-law attorney before filing.