How to Get a Divorce in New York State
New York is not a no-fault divorce state, meaning that married couples are required to prove grounds to file a divorce in New York. It is possible to file for divorce in New York without an attorney, if the divorce is uncontested and both spouses can agree on a number of issues.
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Instructions
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Fulfill residency requirements for a divorce in New York. To file for divorce in New York, one or both of the spouses must be a resident of New York at the time of filing and either the marriage ceremony was performed in New York, or the couple lived together in New York during the marriage, or the grounds for divorce occurred in New York.
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Prove that you have grounds for divorce. Legal reasons for divorce in New York state include cruel and inhuman treatment, which occurs when your spouse's treatment puts your physical or mental health in danger; abandonment, meaning your spouse has left you or forced you to leave the marital home for at least one year; imprisonment, when your spouse has been sentenced to three or more years in prison; adultery, which requires a witness and requires that you have not resumed relations with your spouse or committed adultery yourself; judgment of separation, which both of you have obeyed for one year or more; and separation agreement, which both of you have signed and obeyed for at least one year.
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Download the forms and instructions from the New York State Unified Court System. You must choose the forms for couples with children under 21, or without children under 21. You can only file on your own if your divorce is uncontested and you and your spouse agree about finances, property division, and child custody and support (if applicable).
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Complete the "action for divorce" forms according to the instructions, sign them, and file them with the courts, paying the required fees.
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Receive notice of your divorce judgment 60 to 90 days after filing, then obtain a signed copy of the judgment from the county clerk.
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Complete the "notice of entry" form and mail copies to your former spouse and the court, finalizing your divorce.
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Consult an attorney if you and your spouse have disagreements about children, property, or finances, or if you believe your divorce will be contested, or if you need assistance completing forms or paying filing fees.
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References
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