Family Law Resources

Filing for Divorce in New York

Residency Requirements

At least one of the following must be true:

• Either spouse has lived in New York for 2 continuous years before filing


• Either spouse has lived in NY for 1 year AND you were married in NY, lived in NY as married, or grounds arose in NY


• Both spouses are NY residents at the time of filing AND grounds arose in NY

Step-by-Step Process

1. Determine grounds: No-fault (irretrievable breakdown for 6+ months) or fault-based


2. Complete forms: Summons with Notice or Summons and Complaint


3. File with Supreme Court: Divorces in NY are filed in Supreme Court


4. Pay fee: Index Number fee of approximately $335


5. Serve your spouse: Must be served within 120 days of filing


6. Wait for response: 20 days (personal service) or 30 days (other service)


7. Automatic Orders: Take effect upon filing


8. Discovery and negotiation: Exchange financial information


9. Final judgment: Judgment of Divorce

Grounds for Divorce

• No-fault: Irretrievable breakdown for 6+ months (most common)


• Fault: Cruel/inhuman treatment, abandonment, imprisonment, adultery


• Conversion: Living apart under separation agreement for 1+ year

New York's Court System for Divorce

Despite the name, New York Supreme Court is the trial-level court (not the highest court). Divorces are filed in Supreme Court in the county where you or your spouse resides. Each of New York's 62 counties has a Supreme Court.

Note: Family Court vs. Supreme Court

Family Court handles custody, child support, and visitation for unmarried parents. Supreme Court handles divorce AND related custody/support issues for married parents seeking divorce. You cannot get divorced in Family Court - only Supreme Court grants divorces.

Major County Supreme Courts

E-Filing System - NYSCEF

New York uses the New York State Courts Electronic Filing system (NYSCEF). E-filing is MANDATORY for attorneys in most counties for divorce cases. Self-represented parties can choose to e-file or file in person. Register at: https://iapps.courts.state.ny.us/nyscef/

Self-Help Centers & DIY Divorce Programs

Most New York Supreme Courts have Self-Help Centers or Pro Se Offices where court staff assist with forms and procedures. Staff CANNOT give legal advice but can help you complete forms. NYC courts offer free DIY Uncontested Divorce Programs.

Finding Your County Court

Find all 62 county Supreme Court locations at: https://ww2.nycourts.gov/courts/SupremeCourt.shtml

Filing Fees in New York

Supreme Court (Divorce)

• Index Number: $335


• Request for Judicial Intervention: $95


• Note of Issue: $30

Family Court

• Custody/Visitation Petition: FREE


• Child Support Petition: FREE


• Order of Protection: FREE

Poor Person's Order

If you cannot afford fees, you can apply for a Poor Person's Order which waives court fees. You may qualify if:

• You receive public assistance


• Your income is below certain levels


• You cannot pay for basic necessities if you pay the fees

Other Costs

• Process server: $50-$100


• Forensic custody evaluation: $5,000-$20,000


• Guardian ad Litem: $5,000-$25,000+

Free Legal Resources in New York

Legal Aid Organizations

• Legal Aid Society: (212) 577-3300 (NYC)


• Legal Services NYC: (917) 661-4500


• Her Justice: (212) 695-1101 (women only)


• Legal Aid Bureau of Buffalo: (716) 853-9555


• Legal Aid Society of Northeastern NY: (800) 462-2922

NYC Family Justice Centers

Free services for domestic violence survivors:

• Brooklyn: (718) 250-5113


• Bronx: (718) 508-1220


• Manhattan: (212) 602-2800


• Queens: (718) 575-4545


• Staten Island: (718) 697-4300

NY Courts Help

Visit nycourts.gov/CourtHelp for information, forms, and links to free legal services.

Lawyer Referral

NYC Bar Association: (212) 626-7373

Critical Deadlines in New York

Response Time

If served with divorce papers:

• Personal service in NY: 20 days to respond


• Other service methods: 30 days to respond

Service of Summons

You must serve your spouse within 120 days of filing, or the case may be dismissed.

Automatic Orders

Upon filing for divorce, Automatic Orders take effect immediately, preventing either party from:

• Selling, transferring, or hiding assets


• Changing insurance beneficiaries


• Taking children out of state

Appeal Deadline

You have 30 days from service of the judgment with notice of entry to file a Notice of Appeal.

No Waiting Period

New York has no mandatory waiting period for divorce, though you must prove the marriage has been irretrievably broken for 6+ months.

New York's Unique Family Law Features

Automatic Orders

New York is one of the few states with Automatic Restraining Orders that take effect immediately upon filing for divorce. Neither party can dispose of assets or change insurance.

Two Court Systems

New York uniquely splits family matters between Supreme Court (divorce) and Family Court (custody/support). This can lead to cases being heard in two different courts simultaneously.

Equitable Distribution

New York is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Courts consider 14+ factors.

Maintenance (Alimony) Guidelines

New York has a specific statutory formula for calculating temporary and post-divorce maintenance based on income.

Late Adoption of No-Fault

New York was the last state in the US to adopt no-fault divorce (2010). Before that, couples needed fault grounds or had to live apart under a separation agreement.

Collaborative Divorce

New York has a strong Collaborative Law community where parties and their attorneys commit to settling without court intervention.