Divorce in New York begins with understanding the basic requirements and steps to ensure a smooth process. Under New York Domestic Relations Law § 170, grounds for divorce include reasons like an irretrievable breakdown of the marriage for at least six months, making divorce in New York accessible for many couples. Additionally, residency requirements are outlined in § 230, which typically requires that at least one spouse has lived in New York continuously for a certain period before filing. This helps establish the court's jurisdiction and is a key consideration for anyone pursuing divorce in New York.
Once these basics are met, the process involves preparing and filing necessary documents, addressing issues like property division under § 236, child custody per § 240, and spousal support. It's essential to approach divorce in New York with care, as decisions on child support and alimony can impact your future. Our AI-powered service at PureDivorce.com simplifies this by guiding you through the paperwork, helping you avoid common pitfalls and focus on moving forward.
Residency Requirement
12 months in New York
Waiting Period
None
Property Division
Equitable Distribution
No-Fault Grounds
Irretrievable Breakdown For At Least Six Months (no-fault)
Court Type
Supreme Court
Filing Party
Plaintiff
New York's divorce laws are governed by specific statutes that cover key aspects of the process. For grounds for divorce, § 170 outlines the reasons a marriage can be dissolved, including no-fault options like irretrievable breakdown, as well as fault-based grounds. This statute ensures that divorce in New York is handled fairly, allowing couples to proceed based on clear legal criteria.
Property division in New York follows equitable distribution principles under § 236, meaning marital assets are divided fairly but not necessarily equally, based on factors like the length of the marriage and each spouse's contributions. This approach helps protect both parties' interests during divorce in New York.
Child custody decisions are primarily addressed in § 240, which emphasizes the best interests of the child, considering factors such as parental fitness and the child's relationship with each parent. For child support, § 240 also provides guidelines to ensure financial obligations are met, promoting the child's well-being in divorce in New York proceedings.
Finally, alimony or spousal support is covered under § 236, where courts evaluate factors like the duration of the marriage and one spouse's need for financial assistance. This statute aims to provide stability for the lower-earning spouse after divorce in New York.
$12,000 – $25,000
Full legal representation including court appearances, negotiations, and document preparation.
$5,000 – $10,000
Professional mediator to help reach agreements on custody, property, and support.
Best Value
$299
AI-powered document preparation by Sophie, an AI assistant built by an attorney with 20+ years in family law. Court-ready documents for your state.
Sign up and tell Sophie about your situation. She asks the right questions to understand your divorce needs.
Sophie guides you through New York-specific requirements — custody, property division, support, and more.
Sophie prepares all required New York divorce documents formatted for your Supreme Court.
Download your court-ready documents and file with your local court. Filing instructions included for your county.
PureDivorce prepares court-ready divorce documents for residents throughout New York, including:
AI-powered divorce document preparation — completed in minutes, not months.
Get Started for $299No credit card required to start
“Sophie walked me through the entire process. My documents were accepted by the New York City Supreme Court on the first try.”
— Verified PureDivorce User, NY