New York Divorce: What You Need to Know

Divorce is a legal process that ends a marital union in New York. In New York, the Family Court handles custody, visitation, and child support, whereas the Supreme Court is the only court that deals with divorce cases.

How Does Divorce Work in New York?

The State Law requires that for a divorce case to be filed in New York, the plaintiff must meet residency requirements and have grounds for their divorce. There are a few ways to meet the residency requirements, which include:

• Either spouse has lived in New York State for at least two continuous years before the initiation of the divorce case.
• Either spouse has lived in New York State continuously for at least one year before the beginning of the divorce case, and
  • The marriage took place in New York, or
  • The plaintiff lived in New York State as a married couple, or
  • The grounds for the divorce occurred in New York State
• Both spouses are residents of New York on the day when the divorce case is filed, and the grounds for the divorce occurred in the state.

New York allows divorces on both no-fault and fault-based grounds. The no-fault ground, introduced in 2010, occurs when there is an “irretrievable breakdown of the marriage for at least six months. Fault-based divorce may be based on grounds such as adultery, cruelty, abandonment, legal separation, and imprisonment for three years or more.

In New York, there is no mandatory minimum waiting period for divorce after the initial documents are filed. The overall duration of divorce proceedings depends on whether the divorce is uncontested or contested. An uncontested divorce may be finalized in a few months. In contrast, a contested case may take a year or more, especially when it involves issues such as custody or division of property.

Types of Divorce in New York

New York law provides for several types of divorce:

• Uncontested divorce: One spouse agrees with the other party on all the terms of the divorce. This is faster and less expensive, as the spouses have a settlement agreement.
• Contested divorce: When spouses disagree over the division of property, child custody, or even the terms of the divorce itself, this leads to a contested divorce. It often involves hearings and possibly a trial in court.
• Collaborative divorce: Each couple hires an attorney to assist the spouses in reaching an agreement on the main issues in their divorce without appearing in court.

New York Divorce Court Process and Forms

Divorce cases in New York are filed in the Supreme Court of the county where either spouse resides. The process begins when one spouse, the plaintiff, files a Summons with Notice or a Summons and Complaint for Divorce. Other required documents to be submitted along with the summons may include:

• Verified Complaint
• Affidavit of Service
• Notice of Automatic Orders
• Notice Concerning Health Care Coverage
• Child Support Standards Act Worksheet
• Settlement Agreement

The other spouse must be served with the summons and complaint within 120 days of filing, by an adult or another resident of the state. They have about 20 to 30 days to respond to the summons, depending on the service method.

It is mandatory that both parties declare their financial assets and debts before the court. In counties where minor children are involved, both parents must complete a Parent Education and Awareness Program to understand the impact of divorce on their children.

Judges may order mediation in contested cases, particularly for custody or property disputes. If no agreement is reached, the case will proceed to a hearing or trial in court.

The signing of a Judgment of Divorce by a judge marks the end of the marriage. This document outlines the court decision regarding child custody and support, alimony, parenting time, and property division.

City- and County-Level Filing Details

Couples are allowed to file for divorces in New York at the Supreme Courts in their counties. Here are details for the Supreme Courts located in some of the largest counties:

• New York County (Manhattan):
  • Courthouse: New York County Supreme Court, 60 Centre Street, New York, NY 10007.
  • Services: The court provides self-help resources to the public.
• Kings County (Brooklyn):
  • Courthouse: Kings County Supreme Court, 360 Adams Street, Brooklyn, NY 11201.
  • Services: The clerk provides a public service counter for attorneys and self-represented litigants.
• Queens County (Queens):
  • Courthouse: Queens Supreme Court, 88-11 Sutphin Boulevard, Jamaica, NY 11435.
  • Services: The court provides computer terminals for assistance with filing and searching of records..
• Bronx County (Bronx):
  • Courthouse: Bronx Supreme Court, 851 Grand Concourse, Bronx, NY 10451.
  • Services: The clerk provides guidance on the filing procedures to couples.
• Westchester County (White Plains):
  • Courthouse: Westchester County Supreme Court, 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601.
  • Services: Online forms are available to couples.
• Erie County (Buffalo):
  • Courthouse: Erie County Supreme Court, 25 Delaware Avenue, Buffalo, NY 14202.
  • Services: The clerk’s office provides instructions for filing and mediation for couples.

How to Search for Divorce Records in New York

In New York State, divorce records include the names of both spouses, the date and county of divorce, the case number, and the judge’s final orders. Divorce records in New York are not considered public records and are accessible only to the parties involved, their attorneys, or by court order. However, copies of a divorce decree may be obtained from the county clerk. Divorce certificates may be ordered online or by submitting a request by mail to the New York State Department of Health. This service is not free, and parties must identify themselves. The approved means of identification include:

• One of the following valid photo IDs:
  • Driver’s license
  • State-issued, nondriver photo ID
  • U.S. passport
  • U.S. military-issued photo ID

Or

• Two of the following IDs showing the applicant’s name and address:
  • Utility or telephone bill
  • A letter from a government agency dated within the last six months.

Key Points

• In New York, a divorce case is filed in the Supreme Court of the county where either spouse lives.
• There are residency requirements for the plaintiffs.
• Both no-fault and fault-based divorces are available to couples.
• Parents may need to attend a parent education program.
• Divorce records are only accessible to parties involved in the case, their attorneys, and individuals with a court order. Copies of divorce decrees or certificates may be obtained from the county clerk or the State Department of Health either by mail or online.