The divorce process in New York involves several steps, from filing paperwork to receiving your final judgment. The timeline depends on whether the case is contested and whether your paperwork is complete. Court scheduling also affects how quickly a case moves. Mediation may be available as an alternative to litigation, and settlement discussions can occur throughout the process.
Manhattan divorce attorney Richard Roman Shum helps clients navigate every stage of the divorce process. Whether you live in Midtown, the Upper East Side, Tribeca, or anywhere in New York City, our family law attorney provides compassionate guidance through filing, negotiation, and court appearances. At the Law Office of Richard Roman Shum, we handle both contested and uncontested divorces throughout Manhattan and the surrounding boroughs.
This guide explains the New York divorce process step by step, from residency requirements to finalizing your judgment. You will learn about serving papers, responding to a divorce complaint, settlement options, and what to expect in court. Call the Law Office of Richard Roman Shum today at (646) 259-3416 for a free consultation.
How Does Divorce Work in New York?
New York law allows either spouse to file for divorce. The state recognizes both fault-based grounds and no-fault grounds. The most common ground is “irretrievable breakdown of the marriage for at least six months,” which requires no proof of wrongdoing by either party. An ‘irretrievable breakdown’ means the marriage has been broken for at least six months and there is no realistic path to reconciliation.
Once filed, your divorce follows a structured legal path through the Manhattan Supreme Court. The court addresses property division and spousal maintenance under DRL § 236(B) and decides child custody and child support under DRL § 240. The legal grounds for divorce are set out in DRL § 170. New York uses equitable distribution, meaning assets are divided fairly, not always equally.
Key Takeaway: New York allows “no-fault” divorce under the “irretrievable breakdown” ground, but it also still recognizes fault-based grounds. Marital property is divided by equitable distribution (fair, not necessarily equal).
What Are the Types of Divorce in New York?
Divorces fall into two categories based on whether spouses agree on all terms.
Uncontested Divorce
An uncontested divorce means both parties agree on all major issues. Because there are no disputes, the process moves faster and costs less.
In an uncontested case, you and your spouse work with attorneys or a mediator to draft a settlement agreement. The New York County Clerk’s Office at 60 Centre Street, Room 141B, accepts this agreement along with your divorce paperwork. Most uncontested divorces in Manhattan require no court appearances beyond potential preliminary conferences.
In New York County, uncontested divorce packets are reviewed by the Matrimonial Support Office. If the paperwork is in order, the filer can acquire a calendar number from the County Clerk to get the case scheduled on the court’s calendar. Uncontested cases generally proceed on the submitted papers. Although the court can require a hearing, depending on what the papers show.
Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more issues. These cases require court intervention and can involve discovery, depositions, motion practice, and trial.
The court schedules preliminary conferences, compliance conferences, and settlement conferences to help narrow disagreements. If no settlement is reached, the case proceeds to trial before a judge at the Manhattan Supreme Court.
What Are New York’s Residency Requirements?
According to New York courts, you must meet one of these residency rules to file for divorce in New York:
- Two-year rule: At least one spouse has lived in New York continuously for 2 years before filing.
- One-year rule: If you were married in New York, lived in New York as a couple, or if the grounds of the divorce happened in the state, you can file after that year.
- Immediate filing: You can file right away if both spouses live in New York at the time of filing, and the grounds for divorce happened in New York.
These requirements ensure that New York courts have proper jurisdiction over your case. If you do not meet these residency standards, you must wait or file in another state where you qualify.
What Documents Do I Need for a Contested Divorce?
Contested divorces require extensive documentation beyond the initial filing.
Both spouses must complete and file a Statement of Net Worth. This comprehensive financial disclosure lists all income, assets, debts, expenses, and property. You must exchange these statements and update them throughout the case.
During discovery, you may need to provide:
- Tax returns from the past 3 to 5 years
- Bank statements and credit card statements
- Retirement account statements
- Property deeds and mortgage documents
- Business financial records (if relevant)
- Proof of income from all sources
You also submit a Statement of Proposed Disposition before trial. This document explains how you believe the court should resolve contested issues. After the trial, you may need to prepare Findings of Fact and Conclusions of Law along with the proposed Judgment.
What Are the Steps in the New York Divorce Process?
The divorce process follows a specific sequence of legal steps.
Step 1: Filing the Divorce Papers
The divorce process begins when you file a Summons with Notice or a Summons and Verified Complaint with the court. The Summons informs your spouse that you are initiating divorce proceedings. The Complaint outlines the grounds for divorce and your requests regarding property, support, custody, and other issues.
The spouse who files becomes the Plaintiff. The other spouse becomes the Defendant. If you have already reached a settlement agreement, you can file it at the same time as the initial paperwork.
Step 2: Serving the Defendant
New York law requires that the Defendant receive the divorce papers personally in most cases. This is called service of process. Service ensures the Defendant receives official notice of the legal action and has an opportunity to respond according to constitutional due process requirements.
You must serve the Defendant with the Summons, a Notice of Automatic Orders, and a Notice Concerning Continuation of Health Care Coverage. Each document must show the assigned index number. The Plaintiff cannot serve the papers personally; a legal adult who is not a party to the case must handle service.
Service must occur within 120 days of filing. If the Defendant lives in New York, the server must be a New York resident. If the Defendant is served outside New York State, the papers may be served by a New York State resident or by someone authorized to serve papers under the law of the state where service is made.
After completing service, the server fills out an Affidavit of Service. This document proves the Defendant was properly served according to New York law. The Plaintiff files this affidavit with the court.
Alternative service methods exist for special circumstances. If you cannot locate your spouse, you can request court permission to serve by publication in a newspaper or by posting at the courthouse. You must demonstrate to the court that you made reasonable efforts to find your spouse. The court may review your efforts before authorizing publication.
Step 3: Defendant’s Response
After being served, the Defendant must appear under CPLR § 320, typically by serving an Answer or a Notice of Appearance within the time allowed by New York’s civil procedure rules. Generally, the appearance must be 20 days after personal service, or 30 days after service is complete in other specified situations.
The Defendant can respond in three ways:
- They can file an Answer that addresses each allegation in the Complaint and makes their own requests about property, support, and custody.
- They can sign an Affidavit of Defendant agreeing not to contest the divorce.
- They can fail to respond, which may result in a default judgment granting the Plaintiff’s requests.
Failing to respond carries serious consequences. The court can grant the divorce on the Plaintiff’s terms without the Defendant’s input. This means the Defendant loses the opportunity to present their position on property division, custody, or support.
If the Defendant signs the Affidavit of Defendant or fails to respond, the case proceeds as an uncontested divorce. The Plaintiff can file the remaining paperwork with the County Clerk’s Office for a $125 filing fee.
Step 4: Settlement Negotiations or Trial Preparation
This stage determines whether your divorce will settle or proceed to trial.
Settlement in Uncontested Cases
Uncontested divorces involve settlement from the start because both parties agree on all issues. You negotiate and draft a Settlement Agreement. The Settlement Agreement becomes part of your final Judgment of Divorce. If the agreement meets New York’s legal requirements and appears fair, the court may approve it without a hearing. You submit the agreement along with required affidavits, financial disclosures, and child support worksheets to the Manhattan Supreme Court clerk.
Trial Preparation in Contested Cases
Contested divorces require extensive preparation when settlement fails. Discovery is the process of exchanging financial and personal information.
The court may schedule preliminary conferences to set deadlines and encourage settlement. Either party can file motions for temporary relief, such as temporary custody, temporary spousal support, or exclusive use of the marital home. If child custody is disputed, the court may appoint a forensic evaluator to assess the family. Complex financial cases may require expert appraisers or forensic accountants.
Mediation remains available even during trial preparation. However, if no agreement is reached by the trial date, the case proceeds to a formal hearing.
Step 5: Court Appearances and Trial (If Necessary)
Court involvement varies based on whether your divorce is contested.
Preliminary and Compliance Conferences
Once a contested case is assigned after a Request for Judicial Intervention (RJI) is filed, the court must schedule a Preliminary Conference within 45 days of judicial assignment (the RJI filing date). The Preliminary Conference identifies disputed issues, sets discovery deadlines, and encourages settlement.
Compliance Conferences are held to ensure both parties meet court deadlines for exchanging documents. These conferences take place at the Manhattan Supreme Court. Both spouses typically must attend along with their attorneys.
Settlement Conferences
Courts schedule settlement conferences before trial to give parties one final opportunity to resolve disputes. A judge or court-appointed referee facilitates discussions about property, custody, and support. Many Manhattan cases settle at this stage because both sides understand the risks and costs of trial.
Trial Process
If the settlement fails, your case proceeds to trial. Divorce trials in New York are bench trials, meaning a judge decides the outcome without a jury. Trials at the Manhattan Supreme Court follow formal procedures.
Both attorneys deliver opening statements outlining their positions. The parties present evidence, including financial documents, property appraisals, emails, photographs, and expert reports. Each spouse testifies under oath, and witnesses can be called and cross-examined.
After reviewing all evidence and testimony, the judge issues a Decision and Order. This binding order addresses all unresolved matters, including property division, debt allocation, custody arrangements, parenting schedules, child support, spousal maintenance, and attorney’s fees.
Trials can be time-consuming and expensive. They also remove control from the parties because the judge makes all final decisions. For these reasons, judges and attorneys strongly encourage settlement whenever possible.
Step 6: Obtaining and Filing the Judgment of Divorce
The Judgment of Divorce is the final court order that officially ends your marriage.
Contents of the Judgment
The Plaintiff’s attorney typically prepares the Judgment of Divorce, or the parties prepare it themselves in uncontested cases. The document includes the grounds for divorce and all terms governing the end of your marriage.
For uncontested divorces, the Judgment incorporates the Settlement Agreement. For contested divorces, the Judgment includes the court’s decisions from the trial. It specifies how marital assets and debts are divided, defines custody and visitation arrangements, and sets child support amounts and payment schedules. The Judgment also establishes spousal maintenance obligations and addresses health insurance and tax benefits.
The judge reviews all documentation. If everything appears proper and fair, the judge signs the Judgment. Uncontested cases often receive approval without a hearing.
Filing and Entry
After the judge signs the Judgment, you must file it with the New York County Clerk’s Office. The clerk processes the paperwork and officially “enters” the Judgment by logging it as a public record. This entry completes the legal divorce process.
You can request certified copies of the entered Judgment from the Clerk’s Office. You may need certified copies for changing your name, updating government records, modifying support orders, or enforcing property division terms.
The Judgment is final once entered. However, you can later file for modification of support or custody if circumstances change significantly. Appeals are also possible but must be based on legal error or procedural problems during the divorce process.
| Divorce Process Step | What Happens | Key Documents |
|---|---|---|
| Step 1: Filing the Divorce Papers | The divorce case begins when one spouse files paperwork stating the grounds for divorce and requested relief. | Summons with Notice or Summons and Verified Complaint |
| Step 2: Serving the Defendant | The Defendant is formally notified of the divorce through proper legal service. | Summons, Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage, Affidavit of Service |
| Step 3: Defendant’s Response | The Defendant responds by contesting the divorce, agreeing, or failing to respond, which may result in default. | Answer, Notice of Appearance, Affidavit of Defendant |
| Step 4: Settlement Negotiations or Trial Preparation | The parties exchange information, attempt settlement, or prepare for trial if disputes remain. | Statement of Net Worth, discovery materials, Settlement Agreement, motions |
| Step 5: Court Appearances and Trial (If Necessary) | The court conducts conferences and a trial if no settlement is reached. | Request for Judicial Intervention, evidence, Decision and Order |
| Step 6: Obtaining and Filing the Judgment of Divorce | The divorce is finalized when the signed judgment is entered by the court clerk. | Judgment of Divorce, certified copies |
How Long Does a New York Divorce Take?
Uncontested divorces in Manhattan typically finalize within three to six months. This includes the time needed for filing, serving papers, exchanging financial documents, and obtaining court approval. The New York County Clerk’s Office processes uncontested paperwork relatively quickly when all documents are complete and properly executed.
Contested divorces usually take nine months to eighteen months or longer. The timeline can extend due to the discovery process, which can last several months. Other factors that affect the timeline are motion practice to resolve interim issues, preliminary and compliance conferences, attempts at settlement through mediation or court conferences, and trial preparation and the trial itself.
Complex cases involving substantial assets, business valuations, custody disputes, or allegations of domestic violence can take two years or more to resolve. High-conflict divorces with extensive motion practice add significant time.
Manhattan’s court system moves cases efficiently, but contested litigation remains a lengthy process. Settlement at any stage dramatically reduces the overall timeline.
What Is the Cost of Filing for Divorce in Manhattan?
Divorce costs include court fees and potential attorney fees.
The filing fee for obtaining an index number is $210. If you file a contested divorce and need to file a Request for Judicial Intervention, that costs an additional $95. Filing your final judgment after an uncontested divorce costs $125.
If you cannot afford these fees, you can apply for a fee waiver. The court reviews your financial circumstances and may waive some or all filing fees.
Attorney fees vary widely depending on the issues involved (custody, support, assets, motion practice, and trial). The most reliable way to understand cost is to get a written fee agreement that explains the billing structure.
Divorce Attorney in Manhattan – Law Office of Richard Roman Shum
Richard Shum, Esq.
Richard Roman Shum is a lifelong New Yorker and Lower East Side resident who brings a grounded, courtroom-ready approach to divorce and family law matters in Manhattan. As a father, he values clear communication, practical planning, and decisive advocacy. He focused on protecting what matters most to you and your family.
Clients choose the Law Office of Richard Roman Shum for calm, focused counsel paired with strong litigation skills. Mr. Shum builds thorough case strategies and stays detail-driven at every stage. He pushes for fair outcomes that reduce disruption and move your matter forward with purpose.
Get Tailored Legal Assistance from a Skilled Manhattan Divorce Attorney Today
Divorce affects every aspect of your life, from your finances to your family relationships. You deserve legal representation that protects your interests and helps you move forward.
New York divorce attorney Richard Roman Shum has helped countless clients through contested and uncontested divorces. Whether you live in Midtown, the Upper West Side, the Financial District, or anywhere in New York City, our family law attorney provides compassionate guidance. We handle filing, discovery, settlement negotiations, court appearances, and trials throughout Manhattan and the surrounding counties.
Call the Law Office of Richard Roman Shum today at (646) 259-3416 for a free consultation. We can review your situation, explain your options, and develop a strategy for your divorce.
