The divorce process in New York follows a structured sequence of legal steps that begins with filing paperwork at the Supreme Court and ends with a signed Judgment of Divorce. The timeline depends on whether the divorce is uncontested or contested. Uncontested cases often move more quickly, while contested divorces usually take longer.
At the Law Office of Richard Roman Shum, Esq., Manhattan divorce attorney Richard Roman Shum guides clients through every stage of the divorce process. Whether you live in Midtown, the Lower East Side, Tribeca, or anywhere in New York City, he provides focused counsel on filing, financial disclosure, settlement negotiations, and court appearances.
This guide explains how divorce works in New York, what types of divorce exist, what residency requirements you must meet, what documents you need, and what happens at each step from filing through final judgment. 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 under the Domestic Relations Law (DRL). The most common ground is an irretrievable breakdown of the marriage for at least six months under DRL § 170(7). This no-fault ground requires no proof of wrongdoing by either party.
However, the court cannot grant a final judgment of divorce under DRL § 170(7) until issues such as property division, spousal maintenance, and, if applicable, child custody and child support are resolved.
Once filed, the case proceeds in the New York County Supreme Court, where the court may address equitable distribution, spousal maintenance, child custody, and child support under New York law. New York follows equitable distribution, which means marital assets are divided fairly rather than automatically split equally.
Key Takeaway: New York allows no-fault divorce under the irretrievable breakdown ground in DRL § 170(7), but it still recognizes fault-based grounds. Marital property is divided through equitable distribution, which aims for fairness rather than an automatic 50/50 split.
What Are the Types of Divorce in New York?
Divorces in New York generally fall into two categories: uncontested and contested. The distinction affects how the case proceeds, how much court involvement is required, and how long the process may take.
Uncontested Divorce
An uncontested divorce means the spouses agree on all major issues, such as property division, spousal maintenance, child custody, and child support. Because there are no issues for the court to decide, the process is usually more straightforward. In many uncontested cases, the court reviews the papers without requiring multiple appearances, although the court may ask for additional documents or further proceedings if needed.
Contested Divorce
A contested divorce happens when spouses cannot agree on one or more major issues. These cases require more court involvement and may include financial disclosure, motion practice, conferences, settlement efforts, and, in some cases, a trial. If the parties cannot reach an agreement, the judge will decide the unresolved issues.
| Key Difference | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Do both spouses agree on all major terms? | Yes | No |
| Court involvement | Usually limited | Usually greater |
| How the case usually proceeds | The parties submit agreed paperwork and supporting documents for court review | The court may oversee disclosure, conferences, motions, settlement efforts, and possibly trial |
| General effect on cost and time | Usually less expensive and faster | Usually more expensive and takes longer |
What Are New York’s Residency Requirements for Divorce?
You must meet New York’s residency rules before filing for divorce. Under DRL § 230, you can file if any one of these applies:
- Two-year continuous residence: At least one spouse has lived in New York continuously for two years before filing.
- One-year residence with a connection: At least one spouse has lived in New York for one year, and the couple was married in the state, lived together as spouses in the state, or the grounds for divorce arose in the state.
- Immediate filing: Both spouses currently reside in New York at the time of filing, and the grounds for divorce occurred in New York.
These requirements ensure that New York courts have proper jurisdiction over your case. If you do not meet any of these residency standards, you may need to wait until you qualify or file in another state where you do.
Divorce Attorney in Manhattan – Law Office of Richard Roman Shum, Esq.
Richard Roman 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 understands the impact of divorce and such legal concerns on families and values clear communication, practical planning, and decisive advocacy.
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, working to achieve fair outcomes that reduce disruption and move matters forward with purpose.
What Documents Do You Need for a Contested Divorce in New York?
Contested divorces usually require more documentation than uncontested cases. Gathering financial and property records early can help reduce delays.
Both spouses generally must exchange and file a Statement of Net Worth under New York’s matrimonial rules. This document lists income, assets, debts, expenses, and property, and it may need to be updated if financial circumstances materially change during the case.
Financial Records for Discovery
During the discovery phase, you may need to provide several categories of financial records:
- Tax returns
- Bank statements, credit card statements, and investment account records
- Retirement account and pension statements
- Property deeds, mortgage documents, and real estate appraisals
- Business financial records, including profit and loss statements, if applicable
- Proof of income from all sources, including pay stubs and 1099 forms
You may also need to file a Statement of Proposed Disposition in the form and at the time required by the court rules or the assigned judge. That document explains your position on issues such as property division, custody, and support. After trial, the court may require proposed Findings of Fact, Conclusions of Law, and a proposed Judgment of Divorce.
Key Takeaway: A contested divorce in New York requires detailed financial disclosure through the Statement of Net Worth and extensive document exchange during discovery. Preparing these records early can prevent delays.
What Are the Steps in the New York Divorce Process?
The divorce process follows a specific sequence of legal steps. Understanding each step helps you prepare for what lies ahead.
Step 1: Filing the Divorce Papers
The process begins when you file a Summons with Notice or a Summons and Verified Complaint with the New York County Supreme Court. The filing fee for an index number is $210. All subsequent court papers must include this assigned index number.
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.
Under New York’s matrimonial automatic orders rule, the automatic orders bind the Plaintiff immediately when the action is filed and bind the Defendant once they are served. These orders generally restrict both spouses from transferring property, changing insurance coverage or beneficiaries, or taking on unreasonable debt while the divorce is pending.
Step 2: Serving the Defendant
New York law requires that the Defendant receive the divorce papers through personal service in most cases. This is called “service of process.” The Plaintiff cannot serve the papers personally. A legal adult who is not a party to the case must handle service.
The papers typically include the Summons, the Notice of Automatic Orders, the Notice Concerning Continuation of Health Care Coverage, and, for actions commenced on or after January 25, 2016, the Notice of Guideline Maintenance. Service generally must be completed within 120 days after filing. After service, the server completes an Affidavit of Service for filing.
If you do not know where your spouse is, you must ask the Supreme Court for instructions about alternative service before moving forward. The court will decide whether another method of service is allowed.
Step 3: The Defendant’s Response
After being served, the Defendant must respond to the case. In general, the deadline is 20 days after personal service in New York, or 30 days after service is complete in certain other situations.
A Defendant may respond by serving an Answer, serving a Notice of Appearance, or making a motion that extends the time to answer. If the Defendant does not respond, the Plaintiff may seek a default judgment.
If the Defendant does not respond, the Plaintiff may seek a default judgment, and the court may proceed without the Defendant’s participation. If the matter then moves forward on an uncontested basis, the Plaintiff must submit the remaining required papers and pay the applicable filing fees.
What Happens During Settlement Negotiations or Trial Preparation?
This stage determines whether your divorce will settle or proceed to trial. The path depends on whether both spouses can reach an agreement.
Settlement in Uncontested Cases
In an uncontested divorce, the parties resolve all issues by agreement from the outset. They typically sign a written Settlement Agreement covering matters such as property division, spousal maintenance, child custody, parenting time, and child support. That agreement is then submitted with the required uncontested divorce papers for court review.
Trial Preparation in Contested Cases
When the parties cannot resolve all issues, the case proceeds through disclosure, court conferences, motion practice when necessary, and continued settlement efforts.
Discovery is often the longest stage because each side must exchange financial and other relevant information. In some cases, the court may rely on appraisers, forensic accountants, or other professionals to help resolve disputed issues.
Mediation remains available even during trial preparation. New York County offers court-connected mediation for matrimonial cases already in the court system. Depending on the program and referral, parties may be offered an initial session and lower-cost follow-up mediation. If no agreement is reached, the case may continue toward trial.
What Happens at Court Appearances and Trial?
Court involvement varies based on whether your divorce is contested or uncontested. Contested cases require multiple appearances at the New York County Supreme Court.
Conferences Before Trial
Once a contested case is judicially assigned after a Request for Judicial Intervention (RJI) is filed, a preliminary conference must be held within 45 days of the RJI filing date. The RJI filing fee is $95. The conference identifies disputed issues, sets discovery deadlines, and encourages settlement.
Compliance conferences follow to ensure both parties meet court-ordered deadlines for exchanging documents. Both spouses typically must attend along with their attorneys. The court may also schedule settlement conferences to give the parties a final opportunity to resolve disputes before trial.
The Trial Process
If settlement efforts fail, your case proceeds to trial. Divorce trials in New York are bench trials, meaning a judge decides the outcome without a jury, save for some fault-based cases. Both attorneys deliver opening statements, then present evidence, including financial documents, property appraisals, reports, emails, and photographs.
Each spouse testifies under oath. 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 and parenting time, child support, spousal maintenance, and potentially attorney fees.
Trials can be time-consuming and expensive, which is why many cases settle before trial.
How Do You Obtain and File the Judgment of Divorce?
The Judgment of Divorce is the final court order that officially ends your marriage. Obtaining this document requires several steps.
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 the marriage, such as property division, custody arrangements, child support amounts, spousal maintenance obligations, and provisions for health insurance.
For uncontested divorces, the Judgment incorporates the Settlement Agreement. For contested divorces, it includes the court’s decisions from the trial.
Filing and Entry of the Judgment
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 recording it. This entry completes the legal divorce process.
You can request certified copies of the entered Judgment from the New York County Clerk in Manhattan. Certified copies may be needed 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 possible but must be based on legal error or procedural problems during the divorce process.
Key Takeaway: The Judgment of Divorce is the final order ending your marriage. It must be filed with the County Clerk to be officially entered, and certified copies are available for updating your records.
What Is the Cost of Filing for Divorce in New York?
Divorce costs include court filing fees and potential attorney fees. Understanding the basic costs helps you plan ahead.
If you file a contested divorce and need to submit an RJI, that costs an additional $95. In an uncontested divorce, the court filing fees are usually at least $335, which includes the $210 index number fee and a $125 Note of Issue fee. These fees apply in the New York Supreme Court. Working with a local attorney can help provide insight into additional fees and filing details that may apply to your case.
If you cannot afford filing fees, you can apply for a fee waiver by submitting documentation of your financial circumstances. The court reviews your income and assets and may waive some or all fees based on need.
Attorney fees vary widely depending on factors such as custody disputes, significant assets to divide, extensive motion practice, or a trial. The most reliable way to understand potential cost is to get a written fee agreement that explains the billing structure.
Legal Guidance for Divorce and Family Law in Manhattan
Going through a divorce affects your finances, your living situation, and your family relationships. You deserve legal representation that addresses your specific circumstances and helps you move forward with clarity.
Richard Roman Shum has helped clients throughout Manhattan and New York City with both contested and uncontested divorces. At the Law Office of Richard Roman Shum, our experienced divorce and family law attorney handles filing, financial disclosure, settlement negotiations, court appearances, and trials at the New York County Supreme Court at 60 Centre Street.
Call the Law Office of Richard Roman Shum today at (646) 259-3416 for a free consultation. Our office is located at 20 Clinton St FRNT 5D, New York, NY 10002. We can review your situation, explain your options, and develop a tailored strategy for your divorce.
