The Divorce Process in New York

New York was the last state in America to adopt no-fault divorce, only adding it in 2010. Before that, New Yorkers had to prove fault grounds or live separately under a written separation agreement for at least one year. This history means New York's family law system retains a more adversarial character than states that adopted no-fault decades earlier. Today, New York offers both no-fault and fault grounds: **No-fault ground:** The marriage has been irretrievably broken for at least 6 months. One spouse must testify under oath that the relationship has broken down irretrievably for at least 6 months. **Fault grounds:** Cruel and inhuman treatment, abandonment for 1+ year, imprisonment for 3+ consecutive years, adultery (corroboration required), or divorce after a judgment or decree of separation. Fault grounds can influence maintenance and property division, though fault is less significant in New York than in some other states.

New York has complex residency requirements — you must meet one of the following: 1. Either spouse has been a New York resident for at least 2 continuous years before filing 2. Either spouse has been a New York resident for at least 1 continuous year AND: - The parties were married in New York, OR - The parties lived in New York as married couple, OR - The grounds for divorce arose in New York 3. Both spouses are New York residents at the time of filing AND the grounds arose in New York (no minimum duration) The 2-year and 1-year requirements are calculated from the date of filing, not from the date of separation.

In New York, divorce cases are filed in Supreme Court — which, despite the name, is the trial-level court (not the highest court). The process varies between NYC and upstate counties. **Step 1 — Purchase an Index Number.** Before filing, you must purchase an Index Number ($335) from the County Clerk. This is your case number. **Step 2 — File and serve.** File the Summons (with or without Complaint) and serve your spouse. Personal service is required unless the court permits substituted service. **Step 3 — Financial disclosure.** Both parties must exchange sworn Net Worth Statements (Form UD-8). This is mandatory and covers income, expenses, assets, and liabilities. **Step 4 — Preliminary conference.** In contested cases, the court schedules a Preliminary Conference to establish discovery timelines and address temporary issues. **Step 5 — Discovery, motions, and negotiation.** Exchange financial documents, take depositions if needed, and negotiate settlement. Many cases settle at or before a judicial settlement conference. **Step 6 — Trial or settlement.** If no settlement, the case proceeds to trial before a Supreme Court judge. No jury trials in divorce.