NYC Divorce Guide 2026

Going through a divorce in New York is a significant legal and emotional process. Whether you are considering filing or have already been served with papers, understanding how divorce works in New York State can help you make informed decisions and protect your interests. This guide covers the key aspects of the process as it stands in 2026.

Grounds for Divorce in New York

New York recognizes both no-fault and fault-based grounds for divorce. The overwhelming majority of divorces filed today use the no-fault ground, which requires only that the relationship has been "irretrievably broken" for at least six months. This means neither spouse needs to prove wrongdoing—just that the marriage has broken down beyond repair.

Fault-based grounds still exist under New York law and include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, and adultery. While fault-based grounds are rarely used, they may be relevant in certain cases—for example, where one spouse's misconduct affects the equitable distribution of assets or custody determinations.

Residency Requirements

To file for divorce in New York, at least one spouse must meet a residency requirement. The most commonly used bases are: the marriage took place in New York and either spouse has been a resident for at least one year, the couple lived together in New York as married spouses and either party has been a resident for at least one year, or the grounds for divorce occurred in New York and either spouse has been a resident for at least one year. Alternatively, either spouse has been a continuous resident of New York for at least two years before filing, regardless of where the marriage took place or where the grounds arose.

The Divorce Process Step by Step

Step 1: Filing the Summons

The divorce process begins when one spouse (the plaintiff) files a Summons with Notice or a Summons and Complaint with the Supreme Court in the county where either spouse resides. The filing fee is currently $210 plus an additional index number fee.

Step 2: Service of Process

The filed documents must be served on the other spouse (the defendant) according to New York's rules of service. Personal delivery by someone other than the plaintiff is the most common method. The defendant then has 20 to 30 days to respond, depending on the method of service.

Step 3: Discovery and Disclosure

Both parties are required to make full financial disclosure through a Statement of Net Worth, which details income, assets, debts, and expenses. Discovery may also involve depositions, document requests, and subpoenas to third parties like employers, banks, and financial institutions.

Step 4: Negotiation and Settlement

The vast majority of divorces—over 90%—settle before trial. Negotiation can take place through direct attorney-to-attorney negotiations, mediation (a neutral third party helps facilitate agreement), or collaborative divorce (both parties and their attorneys commit to resolving issues without litigation). Settlement is almost always preferable to trial in terms of cost, time, and emotional impact on the family.

Step 5: Trial (If Necessary)

If the parties cannot reach agreement on all issues, the case proceeds to trial before a Supreme Court judge. The judge will hear evidence and make binding decisions on all contested issues. Trials are expensive, time-consuming, and stressful—typically a last resort.

Step 6: Judgment of Divorce

Once all issues are resolved (by settlement or trial), the court issues a Judgment of Divorce, which legally ends the marriage and incorporates the terms of the settlement agreement or court order.

Key Issues in New York Divorce

Equitable Distribution of Property

New York is an "equitable distribution" state, meaning marital property is divided fairly—but not necessarily equally. The court considers factors including the duration of the marriage, the age and health of both spouses, the income and property of each spouse at the time of marriage and at filing, the need for a custodial parent to occupy the marital residence, loss of inheritance or pension rights, and the contribution of each spouse to the acquisition of marital property (including homemaking contributions).

Separate property—assets owned before the marriage, inheritances, and personal injury awards—is generally not subject to division. However, separate property can become marital property if it is commingled with marital assets.

Spousal Support (Maintenance)

New York uses a formula to calculate temporary maintenance (support during the divorce) and post-divorce maintenance. The duration and amount depend on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's age and health. Courts have discretion to deviate from the formula based on the specific circumstances of the case.

Child Custody and Visitation

Custody decisions are based on the "best interests of the child" standard. New York distinguishes between legal custody (decision-making authority on education, healthcare, religion) and physical custody (where the child lives). Joint legal custody is common, where both parents share decision-making responsibility. Physical custody arrangements vary widely—from primary custody with one parent and visitation for the other, to equal or near-equal shared custody schedules. Factors the court considers include each parent's ability to provide a stable home, the child's existing relationships and routines, each parent's mental and physical health, any history of domestic violence, and the child's preferences (given greater weight as the child gets older).

Child Support

New York uses the Child Support Standards Act (CSSA) to calculate child support. The formula applies a percentage to the combined parental income up to a statutory cap (currently $163,000, adjusted periodically): 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more. For income above the cap, the court has discretion in determining the appropriate amount.

Protecting Yourself During Divorce

There are several important steps you should take early in the divorce process: gather and copy important financial documents (tax returns, bank statements, investment accounts, retirement accounts, real estate records), establish individual bank accounts and credit, document the value of significant assets, avoid making major financial decisions or large purchases, be cautious with social media (posts can be used as evidence), and consult with a family law attorney before taking any major action.

How Agarunov Law Firm Can Help

Divorce is one of the most challenging experiences a person can face. At Agarunov Law Firm, we provide compassionate, strategic family law representation focused on protecting your rights and achieving the best possible outcome. From our Financial District office, we serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

Frequently Asked Questions