How to File for Divorce in New York: A Step-by-Step Guide for International Couples

Filing for divorce is a significant legal undertaking, but when assets, property, or dual citizenships are spread across borders—specifically between New York and Brazil—the process requires a specialized “dual-lens” approach.

At the Law Offices of Norka M. Schell LLC, we guide clients through the procedural requirements of the New York Supreme Court while ensuring their global interests remain protected.

1. The Residency Requirement: Can You File in NY?

In 2026, New York courts maintain strict standards for “habitual residence.” To file for divorce here, you must generally meet one of the following under Domestic Relations Law § 230:

• One spouse has lived in NY continuously for two years prior to filing.
• One spouse has lived in NY for one year AND you were married in the state, lived here as a couple, or the grounds for divorce occurred here.
• Both spouses are residents on the day of filing and the grounds occurred in New York.

2. Choosing Your Jurisdiction: New York vs. Brazil

As a dually licensed attorney (New York and Brazil OAB/MG), founding attorney Norka M. Schell emphasizes that where you file first is critical.

• The “First to File” Rule: Often, multiple countries can claim jurisdiction. In 2026, the first spouse to file usually establishes the legal authority to handle the case, making prompt action vital.
• Strategic Advantage: New York follows Equitable Distribution (a “fair” but not always 50/50 split), whereas Brazil often follows strict Community Property regimes (like Comunhão Parcial de Bens). We help you determine which jurisdiction offers the best strategic advantage for your specific assets.

3. Filing the Summons and Establishing “No-Fault” Grounds

New York is a “No-Fault” state. Most divorces are filed under Irretrievable Breakdown, meaning the relationship has been broken for at least six months.+1

• Initial Steps: You must file a Summons with Notice or Summons and Complaint in the Supreme Court of your county (e.g., New York, Queens, or Westchester).
• The Index Number: You must pay a $210 filing fee to obtain your Index Number, which officially starts the clock on your case.

4. Global Asset Division and Offsetting

In 2026, courts are taking a harder line on transparency. The use of forensic accountants to trace digital assets (cryptocurrency) and foreign bank accounts is now standard.

• Offsetting Value: To avoid the difficulty of enforcing a sale of property in Brazil, NY courts often use “offsetting.” For example, one spouse may be awarded the foreign Brazilian real estate, while the other receives domestic New York assets (like a 401k or home equity) of equivalent value.
• Homologação: We ensure your New York decree is drafted to meet the requirements for recognition by the Superior Court of Justice (STJ) in Brazil, ensuring the judgment is enforceable abroad.

5. Serving the Defendant Internationally

Serving papers to a spouse living in Brazil or another foreign country requires strict adherence to international rules, such as the Hague Service Convention. Failure to serve papers correctly can lead to your case being dismissed or the final judgment being contested years later.

Why Professional Guidance is Essential

International family law is technically profound. Between managing Hague Convention custody issues and navigating the 2026 statutory caps on spousal maintenance (such as the $228,000 payor income cap), you need an advocate who speaks the language of both legal systems.

Take the first step toward a resolution. Contact the Law Offices of Norka M. Schell LLC at (212) 258-0713 to schedule a confidential consultation. We provide bilingual representation in English, Portuguese, and Spanish.