How do I file for divorce in New York if my spouse won't agree?

You can still file under the no-fault ground — 'irretrievable breakdown of the relationship for a period of at least six months' (DRL § 170(7)). You do not need your spouse's agreement on the divorce itself, only on the financial terms and custody arrangements. An uncontested divorce is one where both parties agree to all terms; a contested divorce is where you or your spouse disputes any issue. For a contested divorce, you file a Summons with Notice (or Summons and Complaint) in the Supreme Court of your county. Your spouse has 20–30 days to appear. The court then handles contested issues through pretrial proceedings, discovery, and if necessary, trial. Divorce litigated through trial in New York courts can take several years and is expensive — mediation or collaborative divorce processes are worth considering for couples who can communicate.

What counts as 'marital property' in New York that gets divided in a divorce?

Marital property under DRL § 236B is everything acquired by either spouse during the marriage, regardless of whose name it's in. This includes: the marital home (even if only one spouse is on the deed); retirement accounts and pension credits accrued during the marriage; investment accounts built up during the marriage; business value increases during the marriage; and income earned during the marriage that is still in accounts. Separate property — not divided — includes: assets owned before the marriage; gifts from third parties received during marriage; inheritances received by one spouse; personal injury compensation for pain and suffering; and property acquired after commencement of the divorce action. Tracing matters: if you mix separate property (like an inheritance) with marital funds in a joint account, the inheritance can become marital property if you can't trace it distinctly. New York courts in practice frequently treat long marriages with significant separate property contributions as having generated some marital claim through commingling.

How is child support calculated in New York?

New York's Child Support Standards Act (Family Court Act § 413) applies a percentage to combined parental income: 17% for one child, 25% for two children, 29% for three, 31% for four, 35%+ for five or more. This percentage applies to the combined gross income of both parents up to the annual cap (about $183,000 in 2024). Each parent pays their share of the total proportional to their share of combined income — the non-custodial parent's share goes to the custodial parent. Above the income cap, courts apply an additional discretionary calculation. Health insurance premiums and childcare costs are added separately and allocated in proportion to each parent's income. Child support in New York continues until the child turns 21 (not 18 as in most states). Deviating from the CSSA formula requires a written finding that the statutory amount would be unjust or inappropriate based on specific factors.

How long will my New York divorce take?

An uncontested New York divorce where both parties agree on all terms can be completed in 3–6 months — you file, serve, wait for the processing of the judgment, and the divorce is granted. A contested divorce — where custody, property, or support is disputed — takes significantly longer. Typically 1–3 years in most New York courts; in New York City's overburdened Supreme Courts, contested divorces can occasionally extend longer. The timeline depends on: how many issues are contested; court calendar congestion (NYC courts are notoriously congested); whether financial discovery is required (business valuations, pension appraisals, and tracing separate property are time-consuming); and whether the parties can reach interim agreements. Mediation or collaborative divorce processes resolve most cases faster than litigation and are worth exploring if communication is at all possible.

My spouse was abusive. How does domestic violence affect my New York divorce?

Domestic violence has several legal effects in a New York divorce. First, you can file for an Order of Protection in Family Court (or in conjunction with the divorce in Supreme Court) — an order can remove the abusive spouse from the home, prohibit contact, and require distance. Second, in property distribution: courts can consider 'wasteful dissipation of marital assets' broadly, and some courts have considered domestic violence as a factor affecting equitable distribution, though New York does not have a specific domestic violence property adjustment statute. Third, in custody: domestic violence is a statutory factor the court must consider — a documented history of domestic violence, particularly against the child or in the child's presence, strongly weighs against the abusive parent in custody determinations. Seek a protective order first — Family Court is available 24/7 for emergency orders — and then address the divorce proceedings with an attorney who handles both family law and protection order matters.

Family Law & Divorce in New York (2026)

Family Law & Divorce in New York: the early file behind household documents, custody friction, and real next steps

A more useful family law & divorce guide for New York readers who want early answers on household documents, custody friction, deadlines, and next moves.

Reviewed January 2026 4 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

No-fault divorce available since 2010 — 'irretrievable breakdown' for 6+ months; no spouse consent needed for the divorce itself
Equitable distribution (DRL § 236B): fair but not necessarily equal; duration, contributions, and economic circumstances weigh in
Maintenance formula: 20% payor income minus 25% recipient income, or 40% combined minus recipient income — whichever is less
CSSA child support: 17% (1 child) to 35%+ (5 children) of combined income; support continues to age 21 in New York
Residency: 1 year NY residency before filing (or satisfying one of the nexus grounds in DRL § 230)

Key Numbers — New York All 50 states →

Filing Deadline 3 years

Fault Rule Pure Comparative

Insurance System No-Fault

Key Statute N.Y. CPLR § 214

Compare with another state → Official source ↗

New York Family Law & Divorce — Key Facts

No-fault divorce: available since 2010 — "irretrievable breakdown" for 6+ months is sufficient (DRL § 170(7))
Equitable distribution state: marital property divided fairly, not necessarily equally (DRL § 236B)
No waiting period: once divorce is filed, the action can proceed — no mandatory cooling-off period
Residency: one spouse must have lived in New York for at least 1 year before filing (or 2 years if neither is a NY resident)

New York added no-fault divorce in 2010 as one of the last states to do so, ending the era when New York divorces required proving grounds like adultery or cruel and inhuman treatment. Today, a "no-fault" divorce based on irretrievable breakdown of the marriage for at least 6 months is available, making New York's divorce law much more straightforward. However, the financial aspects — equitable distribution of marital property and determination of maintenance (alimony) — remain among the most litigated areas of New York law, with outcomes that can vary significantly based on judicial discretion.

Equitable Distribution of Marital Property

New York is an equitable distribution state (DRL § 236B). "Equitable" means fair, not necessarily equal — courts distribute marital property after considering statutory factors including: duration of the marriage; income and property of each spouse at the time of marriage and divorce; contribution of each spouse (including homemaker contributions); circumstances affecting future needs; health and age of the parties; tax consequences; and wasteful dissipation of marital assets. Separate property — assets owned before marriage, gifts from third parties, and inheritances — is not subject to distribution. The critical issue is tracing: separate property commingled with marital funds can become transmuted into marital property if the original separate property cannot be identified.

New York Maintenance (Alimony)

New York calculates temporary and post-divorce maintenance (alimony) using statutory guidelines enacted in 2015 and updated in 2016 (DRL § 236B(5-a) and (6)). The formula: the lower-earning spouse receives the lesser of: (a) 20% of the payor's income minus 25% of the recipient's income; or (b) 40% of the couple's combined income minus the recipient's income. There are income caps on the formula ($228,000 in 2024). Duration guidelines: for marriages under 15 years, maintenance runs 15–30% of the length of the marriage; for marriages 15–20 years, 30–40%; for marriages over 20 years, 35–50%. Courts can deviate from the formula on specific findings. Unlike Florida, New York has not eliminated long-term maintenance — lengthy marriages with significant income disparity regularly produce years or decades of maintenance obligations.

Child Custody: Best Interest of the Child

New York courts determine child custody based on the best interest of the child standard, considering: the child's relationship with each parent; each parent's ability to provide stability; domestic violence history; the child's preferences (given appropriate weight by age); and willingness to foster the child's relationship with the other parent. New York courts frequently award joint legal custody (shared decision-making) while primary physical custody rests with one parent. Sole custody is available where one parent is demonstrably unfit. New York follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Dom. Rel. Law §§ 75–77).

Child Support Under CSSA

New York's Child Support Standards Act (Family Court Act § 413) calculates child support as a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. The percentage applies to combined income up to the income cap (updated annually — $183,000 in 2024 combined). For income above the cap, the court uses an additional discretionary calculation. The non-custodial parent pays their proportional share of the calculated support. Basic child support does not include health insurance or child care — those are additional add-ons allocated between parents in proportion to income.

Residency Requirements for New York Divorce

DRL § 230 sets New York's residency requirements for divorce jurisdiction. One of these must be met: (1) the parties were married in New York and either spouse is a resident when the action is filed; (2) the parties lived in New York as a married couple and either spouse is a resident; (3) the grounds for divorce arose in New York and either spouse is a resident; or (4) either spouse has been a New York resident for at least 1 year before filing. If neither party meets any of these, either spouse must have been a New York resident for 2 years before filing.

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