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. The choices you make in the first few months, what to file, where to file, what to disclose, what to preserve, often shape the entire outcome. This guide covers the key aspects of the process as it stands in 2026 and walks through the practical issues that come up at each stage.

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, only that the marriage has broken down beyond repair. The no-fault ground is satisfied by a sworn statement, and the other spouse's denial of the breakdown is generally not a defense.

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. Pursuing a fault-based divorce typically lengthens the process, increases discovery, and adds emotional intensity, so most matrimonial attorneys recommend the no-fault path even when fault could be established.

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. Spouses who have recently relocated to New York, or who are considering moving out of New York, should confirm with counsel which forum has jurisdiction before filing.

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 court filing fee is $210 plus an additional index number fee, as of early 2026. The action is initiated when the index number is purchased and the summons is filed; from that moment, both parties are subject to automatic orders that restrain them from selling or encumbering most assets, changing beneficiaries on insurance and retirement accounts, or running up debts beyond the ordinary course.

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. If the defendant fails to respond, the case can proceed by default. Service issues are a frequent source of delay, particularly when the defendant lives out of state or evades service, and an attorney can help identify alternate service methods authorized by court order.

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, subpoenas to third parties like employers, banks, and financial institutions, and forensic accountants for closely held businesses or deferred compensation. Discovery is the workhorse of contested divorces; the more complete and accurate the disclosure, the more likely the case is to settle without protracted motion practice.

Step 4: Negotiation and Settlement

The vast majority of New York divorces settle before trial. Negotiation can take place through direct attorney-to-attorney negotiations, mediation in which a neutral third party helps facilitate agreement, or collaborative divorce in which 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, and it allows both spouses to craft solutions a court could not impose, such as creative parenting schedules, structured asset transfers, and tax-driven allocations of retirement accounts.

Step 5: Trial (If Necessary)

If the parties cannot reach agreement on all issues, the case proceeds to trial before a Supreme Court justice. The judge will hear evidence and make binding decisions on all contested issues, including grounds, equitable distribution, maintenance, custody, and support. Trials are time-consuming and stressful and typically a last resort. Most cases that go to trial do so because of one or two issues, often a closely held business valuation, custody dispute, or characterization of separate versus marital property, while the remaining issues have been settled by stipulation.

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. The judgment triggers a series of post-divorce tasks, including filing Qualified Domestic Relations Orders to divide retirement accounts, transferring titles, updating beneficiaries, and confirming that real estate has been retitled in accordance with the agreement.

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. Long-term marriages tend to produce more nearly equal divisions, while short marriages and second-marriage dynamics often result in less symmetrical outcomes.

Separate property, which includes assets owned before the marriage, inheritances, and personal injury awards, is generally not subject to division. However, separate property can become marital property, in whole or in part, if it is commingled with marital assets, used to buy marital property, or actively grown during the marriage through the contributions of either spouse. Tracing separate property requires careful documentation, and a forensic accountant is often retained to map cash flows back to original sources.

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, including the presence of significant assets that have already been divided, the recipient spouse's ability to become self-supporting, and any wasteful dissipation of marital assets by either party.

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). Many counties also rely on attorneys for the child, who are appointed by the court to represent the child's interests in contested custody matters.

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, which is adjusted periodically and stands at approximately $163,000 as of early 2026: 17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and at least 35 percent for five or more. For income above the cap, the court has discretion to apply the same percentages or to deviate based on the statutory factors. Add-ons for health insurance premiums, unreimbursed medical expenses, and child care costs are calculated separately and shared in proportion to each parent's income.

Custody and Relocation

Relocation cases are some of the most difficult in family law. A custodial parent who wants to move with the child to a different state, or even a distant part of New York, generally needs the consent of the other parent or a court order. The court considers the child's relationship with each parent, the reasons for the proposed move, the educational and economic opportunities at the new location, and the feasibility of preserving the relationship with the non-relocating parent. Relocation provisions are often built directly into divorce settlement agreements to avoid future disputes.

Special Issues for High-Net-Worth and Business-Owner Divorces

Divorces involving closely held businesses, professional practices, deferred compensation, restricted stock units, or significant real estate holdings have an extra layer of complexity. Valuing a business often requires a forensic accountant or business appraiser, and the appropriate valuation date can be contested, with the filing date and the trial date both used in different scenarios. Stock options and restricted stock units that vest after the date of filing may still be partially marital property if they were granted in part for services performed during the marriage. Carried interests in private equity, hedge fund deferred compensation, and real estate partnership interests all require specialized analysis. Engaging counsel with experience in these issues early in the case avoids costly missteps later.

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, business 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 because posts can be used as evidence, and consult with a family law attorney before taking any major action. The automatic orders that take effect upon filing also restrict both spouses, so understanding what they prohibit is essential before moving money or changing insurance arrangements.

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, Staten Island, and beyond, and our dual-state practice means we can also coordinate parallel proceedings in New Jersey when one spouse has relocated. We handle uncontested and contested divorces, prenuptial and postnuptial agreements, custody disputes, support modifications, and post-judgment enforcement, and we work with forensic accountants and other experts when the case calls for them.

Frequently Asked Questions