All family & children situations · All New York topics
New York · Family & children
I am considering divorce
Source-checked October 15, 2026. Divorce-law detail below retains its October 10 review date; this is not a complete procedure.
What to do first
List the immediate concerns: safety, children, housing, access to money, and existing orders. Ask a New York family lawyer which issues need action before a final divorce.
Deadlines and urgent risks
Do not confuse a minimum waiting period with a completion date. Filing, service, responses, and temporary orders have separate requirements.
Steps to take
Separate ending the marriage from handling an immediate family issue. New York divorces are heard in Supreme Court. Family Court handles matters such as custody, visitation, and support, but cannot grant a divorce. Ask which court and proceeding fit your current concern. New York Courts explains the distinction.
Write down what is agreed and disputed. An uncontested form packet does not negotiate property, parenting, or support for you. Compare the four divorce paths; mediation is not a good default when someone feels intimidated, controlled, or unsafe.
Divorce & safety resources
Divorce information in New York
Understand the local process
New York Courts: uncontested divorce information and forms. Uncontested resources do not determine whether a particular case qualifies.
Check the local court's forms, filing and service requirements, response deadlines, and fee-waiver instructions. A form packet is not individualized legal advice.
Compare divorce paths and service benefits · Find local legal aid
Divorce resource reviewed October 10, 2026. Existing legal-help research dates above are unchanged.
Safety and law enforcement are separate routes
Immediate danger: call 911. 911 information is not an online emergency-response service.
For domestic-violence support: National Domestic Violence Hotline, 800-799-7233, or text START to 88788. Safety-first divorce guidance. Use a safer device if monitoring is a concern.
For a non-emergency law-enforcement contact, WomensLaw's sheriff-department directory lets you choose New York. Confirm jurisdiction and the current local number; not every matter belongs to a sheriff. This is a directory, not emergency dispatch or confidential advocacy.
Divorce law details and state comparison
Divorce law details
New York: the important distinctions
Reviewed October 10, 2026. General information; exceptions and jurisdiction questions require individual review.
Where you can file
A 2-year residence route exists; shorter routes depend on New York connections.One-year routes combine residence with marriage in New York, living there as spouses, or grounds arising there. Another route applies when grounds arose in New York and both spouses reside there when the case starts. Check all five statutory routes.
New York Domestic Relations Law 230Grounds & separation
No-fault requires an irretrievable breakdown of at least 6 months.At least one spouse states this under oath. The required financial and parenting issues must be resolved or determined before a judgment under this ground. Separate statutory grounds have different conditions.
New York Domestic Relations Law 170(7)Timing: what starts the clock
Six months of breakdown is not a six-month timer after filing.Do not confuse the no-fault ground with a required period of living apart or a guaranteed judgment date. Service, response periods, resolution of issues, and court processing still matter.
New York Domestic Relations Law 170(7)Property & debts
Marital property is distributed equitably, not necessarily equally.Separate property remains separate under the statute. The court considers the parties' circumstances and statutory factors, including contributions, financial position, duration, and domestic violence.
New York Domestic Relations Law 236(B)(5)Spousal support
Temporary and post-divorce maintenance have guideline rules and adjustment factors.Income definitions, the applicable cap, other support, and statutory factors affect the calculation. A formula is not a promise of entitlement, amount, or duration in every case.
New York Domestic Relations Law 236(B)(5-a),(6)Parenting & child support
Custody and visitation turn on the child's best interests; support has statutory rules.Health and safety, caregiving, practical arrangements, and domestic violence matter. Do not assume a parenting-time arrangement eliminates child support or resolves jurisdiction.
New York Domestic Relations Law 240Agreed & simpler processes
Court resources include uncontested forms and a joint-divorce route.Use the current instructions and correct forms. If disputes arise, the uncontested packet may no longer fit. Documents, proper service or appearance, and judicial approval remain important.
New York Courts: uncontested divorceHelp while a case is pending
Temporary financial relief and protection questions need their own attention.Maintenance and other interim financial orders may be available under the statute. Ask a court self-help center or legal aid about the appropriate court and protective-order process when safety is involved.
New York Domestic Relations Law 236(B)Minimum legal periods are not completion estimates. See the timing explanation above before planning around a date.
Compare New York with another researched state · Local divorce and safety resources
What may happen next
A lawyer may recommend temporary relief while the larger case continues. For example, agreeing that one spouse moves out does not itself resolve parenting, support, ownership, or responsibility for a mortgage. Ask what needs a written agreement or court order.
Documents to gather
Existing orders, marriage records, financial statements, debts, housing costs, and parenting arrangements.
Do not enter documents or private case details into this site's search.
Which rules apply?
Confirm the correct court, county, filing and service process, response dates, and fee-waiver route. Starting a Family Court petition is not the same as starting a Supreme Court divorce.
Where prepaid help may fit
An eligible consultation may help sort urgent questions, explain existing orders, or review an agreement. Ask whether your exact product includes uncontested-divorce work, which lawyer handles it, and what deliverable you will receive.
What it may not cover
Do not assume consultation includes negotiations, filing, service, or court appearances. Confirm waiting periods, existing-matter exclusions, and conflicts if both spouses are members. Ask for a separate quote when the case becomes contested.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Does an uncontested-divorce benefit cover every agreed divorce?
Not necessarily. Check effective coverage, eligibility, waiting periods, children or property restrictions, and what happens if an issue becomes disputed. An advertised benefit is not confirmation that your case qualifies.
Can Family Court end my marriage?
No. A New York divorce goes through Supreme Court. A Family Court matter may address parenting, support, or protection without ending the marriage. Ask how any existing orders affect the divorce.