How Do I File for a Divorce in New York? A Step-by-Step Guide for 2026

Filing for divorce is a significant legal undertaking that requires more than just a decision to part ways. In New York, the process is governed by strict procedural rules, residency requirements, and specific filing sequences. Whether you are pursuing an uncontested “no-fault” divorce or facing a complex contested matter involving international assets, understanding the roadmap is essential.

At the Law Offices of Norka M. Schell LLC, we guide clients through every phase of the New York divorce process, ensuring that your rights are protected from the first filing to the final judgment.

Step 1: Meeting the Residency Requirements

Before you can step foot in a New York courtroom, you must prove that the state has jurisdiction over your marriage. Under Domestic Relations Law § 230, you must meet one of the following criteria:

• The Two-Year Rule: Either you or your spouse has lived in NY continuously for at least two years immediately before filing.
• The One-Year Rule: Either you or your spouse has lived in NY for at least one year, AND:
  • You were married in New York; OR
  • You lived in New York as a married couple; OR
  • The “grounds” (reason) for divorce happened in New York.
• The Continuous Resident Rule: Both spouses are residents of New York on the day the divorce starts AND the grounds happened in New York.

Step 2: Establishing Grounds for Divorce

New York is a “no-fault” state, but you must still state a legal reason (grounds) for the filing. The most common ground used in 2026 is:

• Irretrievable Breakdown: The relationship has broken down irretrievably for at least six months.

Other “fault” grounds include cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more years, or adultery.

Step 3: Choosing the Right Court Location

In New York, only the Supreme Court handles divorce cases. Unlike custody or support-only issues which may start in Family Court, the dissolution of a marriage must happen in the Supreme Court in the county where either spouse resides.

• New York County (Manhattan): 60 Centre Street, New York, NY.
• Westchester County: 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY.
• Electronic Filing: Most New York counties now use the NYSCEF (New York State Courts Electronic Filing) system, allowing for a more streamlined, paperless process.

Step 4: The Initial Filing and the “Index Number”

To officially begin, you (the Plaintiff) must file a Summons with Notice or a Summons and Complaint with the County Clerk.

• The Fee: You must pay a $210 filing fee to obtain an Index Number, which is the unique identifier for your case.
• Automatic Orders: Upon filing, “Automatic Orders” go into effect, preventing either spouse from hiding assets, transferring property, or changing insurance policies while the divorce is pending.

Step 5: Serving the Defendant

Once filed, the papers must be “served” to your spouse (the Defendant) within 120 days.

• The Rule: You cannot serve the papers yourself. You must hire a process server or have a friend over 18 (who is a NY resident) deliver the papers in person.
• Affidavit of Service: The person who serves the papers must sign an Affidavit of Service, which is then filed with the court as proof.

Step 6: Finalizing the Divorce

If the divorce is uncontested (meaning you agree on property, debt, and custody), you will file a “divorce packet” including the Findings of Fact and Judgment of Divorce. If the case is contested, the court will schedule a Preliminary Conference to set a timeline for “discovery”—the exchange of financial and personal information.

Why Legal Counsel is Critical for International Families

For clients of the Law Offices of Norka M. Schell LLC, divorce often involves more than just New York law. If you have children or property in Brazil, or if your spouse is a foreign national, a “DIY” divorce can lead to disastrous consequences regarding international treaty compliance (such as the Hague Convention) or the enforceability of your decree abroad.

Are you ready to start the process? Navigating the New York Supreme Court system requires precision. Contact our office today at (212) 258-0713 or visit us in Manhattan to ensure your divorce is handled correctly from day one.