New York City Divorce

Divorce is the most common legal action ending a marriage. You and your spouse may divorce after litigation or in a friendly manner using a Marital Settlement Agreement. After all the necessary hearings and proceedings, the court will issue a divorce judgment to end your marriage.

What Are the Reasons for Divorce in New York?

New York State has specific laws that govern how divorces can be obtained. A divorce judgment will address issues such as the division of marital property and debts, along with decisions regarding child custody, visitation, child support, and spousal support.

To file for divorce, you must go to the Supreme Court in the county where you live. In New York, all divorce cases are processed through the county-level Supreme Courts.

No-Fault Divorce

New York permits no-fault divorce. No-fault divorce does not seek to blame either spouse for the failure of the marriage. There are two possible justifications (also called “grounds”) for a no-fault divorce in New York:

• “Irretrievable breakdown” of the marriage for more than six months – you or your spouse must state under oath that the marriage has broken down irretrievably for a period of at least six months.
• Living apart for at least a year – you must submit evidence that you and your spouse have lived apart for at least 12 consecutive months under either a written Separation Agreement filed with the court or a court-ordered legal separation, and you must show that you have substantially complied with all the terms of the Separation Agreement.

If you have been married less than six months, you cannot ask for a no-fault divorce because you fail both of these qualifications. You may be able to ask for a fault divorce, however, based on cruel and inhuman treatment or adultery.

Fault Divorce

New York law still permits divorce based on the fault of your spouse. There are several reasons that can justify a fault divorce, including:

• Abandonment for one year or more – Abandonment can occur in any one of three ways:
  • Literal abandonment – your spouse leaves the marital residence without reason for one year or more;
  • Lock-out abandonment – your spouse locks you out of the marital residence for one year or more; or
  • Constructive (sexual) abandonment – your spouse refuses (without reason) to have sexual relations with you for one year or more.
• Cruel and inhuman treatment – your spouse mentally or physically abuses you.
• One spouse is in prison for more than three years after the marriage – your spouse goes to prison after you are married and remains there for more than three years. You cannot use this reason if your spouse was in prison at the time of the marriage.
• Adultery – your spouse has sexual relations outside the marriage, and you have never permitted or previously forgiven the adultery, and the adulterous relations occurred within the previous five years.

Types of Divorce Actions

Divorces can be either uncontested or contested.

An uncontested divorce occurs when both spouses agree on all aspects of the divorce. In some cases, they may have a written settlement agreement that outlines the terms they have agreed upon.

A contested divorce happens when one spouse does not agree to the divorce or disputes certain issues. These disagreements may involve the division of property, responsibility for debts, child custody, or even whether the divorce should happen at all. Contested divorces can be complex and challenging to resolve.

Uncontested Divorce

The quickest, least costly, and least stressful type of divorce is an uncontested divorce. There are three kinds of uncontested divorce:

• Consensual Divorce – when you and your spouse agree between you on the terms of divorce and both of you sign all of the required documents. Sometimes, you find during the process that you cannot agree on all terms after all, and the divorce proceeding then becomes contested.
• Default Divorce – when your spouse is notified of the divorce proceeding, but does not appear in court or otherwise object to the judgment of divorce. It is very important to preserve strong evidence of the notification in case your spouse later objects and claims he or she was not properly notified of the divorce action. Notification requires the spouse be served with a summons for divorce.
• Divorce By Publication – when you do not know where your spouse is, you can ask the court for an order permitting you to publish a public legal notice of your divorce action. If your spouse doesn’t come forward, the divorce may proceed as a default divorce.

Contested Divorce

A contested divorce is generally much more time-consuming and costly than an uncontested divorce. It’s also usually more emotionally stressful and damaging to spouses and, especially, to their children. Even when both spouses want a divorce, you may not be able to agree on all the detailed terms. Sometimes, there are intense disputes regarding issues such as division of property, child custody, spousal support, child support, and/or shared parenting.

A contested divorce usually ends in one of two ways:

1. With the help of your lawyers and perhaps the court, you and your spouse work out between you a detailed Stipulation of Settlement resolving all the issues and spelling out the terms of the divorce; or
2. The court conducts a trial and decides the terms of divorce.

Only after one of these two things happens – a Stipulation of Settlement or a trial and decision – does the court issue a divorce judgment ending your marriage.

How a Divorce Lawyer Can Help You

A divorce lawyer plays a crucial role in guiding individuals through the legal process of ending a marriage in New York. They provide legal advice tailored to the client’s unique situation, helping them understand their rights and options under state law. From the beginning, a divorce lawyer assists with preparing and filing the necessary paperwork, including the summons and complaint, and ensures that all legal requirements are met for initiating the divorce case in the appropriate county Supreme Court. They also help identify which of the seven legally recognized grounds for divorce applies and ensure that all documents are accurate and complete.

Beyond the paperwork, divorce lawyers advocate for their clients’ interests in matters such as property division, spousal support, child custody, and child support. In uncontested divorces, they can help draft and review settlement agreements to make sure the terms are fair and enforceable. In contested cases, a divorce lawyer represents the client in court proceedings, negotiations, and, if necessary, trials. Their knowledge of New York divorce laws, court procedures, and negotiation strategies can be essential for achieving a fair outcome and reducing the emotional and financial stress often associated with divorce.

Get Connected With a NYC Divorce Lawyer Through LRS

A New York divorce lawyer can help you through your divorce case, provide legal advice, and navigate complicated issues that may come up.

When you call the LRS to speak to one of our attorney referral counselors, all the information you provide to the counselor will be kept confidential to the fullest extent possible under the law. The referral counselor will ask you some questions to better understand your legal issue and to determine which one of our lawyers is best suited to handle your issue. If a referral to an LRS lawyer is not appropriate or necessary, the attorney referral counselor can offer you other options or further information to help you resolve your issue another way.

Contact us today to request a referral to one of our screened and qualified New York City Bar Legal Referral Service (LRS) lawyers.

Legal Editor: Elliot Polland, September 2025