Divorce
THE BASICS
There are two requirements that must be met before you can file for a divorce in New York State:
You must satisfy the residency requirements as set forth in Domestic Relations Law Section 230. The Domestic Relations Law is the law that governs divorces in New York State.
AND
You must satisfy one of the grounds for divorce set forth in Domestic Relations Law Section 170. Note that New York State law was amended effective October 12, 2010 to add a seventh ground for divorce commonly known as “no-fault divorce.”
RESIDENCY
To file for a divorce in New York you must satisfy one of the following residency requirements:
You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR
You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
a) Your marriage ceremony was performed in New York State; OR
b) You lived in New York State with your spouse as married persons; OR
You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).
GROUNDS FOR DIVORCE
In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts. The seven legally acceptable reasons, or grounds for divorce, in New York are described in Domestic Relations Law §170.
Listed with the most recently enacted no-fault divorce ground first and then following the order listed in the Domestic Relations Law, they are:
DRL §170 (7) irretrievable breakdown in relationship for a period at least six months (commonly known as “no-fault divorce”);
DRL §170 (1) cruel and inhuman treatment;
DRL §170 (2) abandonment;
DRL §170 (3) imprisonment;
DRL §170 (4) adultery;
DRL §170 (5) living separate and apart pursuant to a separation judgment or decree;
DRL §170 (6) living separate and apart pursuant to a separation agreement
THE NEWEST GROUND: COMMONLY CALLED “NO-FAULT DIVORCE” IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP DRL §170 (7)
To get a divorce on this ground, your relationship with the Defendant must have broken down irretrievably (so that it is impossible to repair or reconcile) for a period of at least six months.
This type of divorce is not automatic even though it is commonly called “no-fault divorce.” The court will not grant you a divorce based on this ground unless and until:
a) one of the parties has sworn under oath that the relationship has broken down irretrievably for a period of at least six months;
AND
b) you and your spouse have either resolved all the economic issues of distribution of property, maintenance, child support, and counsel and/or experts fees and expenses, and the custody and visitation with the minor children of the marriage OR these issues have been decided by the court and incorporated into the final judgment of divorce.
https://www.nycourts.gov/LegacyPDFS/divorce/pdfs/Divorce-Packet-Instructions.pdf
The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce.
Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be “uncontested” (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.)
https://ww2.nycourts.gov/divorce/forms.shtml
https://www.lawhelpny.org/
https://www.nycourts.gov/courthelp/GoingToCourt/findlawyer.shtml
https://ww2.nycourts.gov/ip/adr/divorcemediation.shtml