Divorce in New York
State-specific overview · Family Law
New York requires a 30-day waiting period after filing and recognizes no-fault divorce based on irretrievable breakdown.
How New York treats Divorce
You can file for no-fault divorce by stating the marriage is irretrievably broken, or on fault grounds including adultery, abandonment, or cruelty. A 30-day waiting period applies from the date you file, and the court must wait an additional 30 days after the defendant receives the summons before granting the divorce. New York follows equitable distribution, dividing marital property fairly but not necessarily equally.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.