How to File for Divorce in New York City: A Comprehensive Guide

Eligibility Requirements

Before filing, ensure you meet New York's residency requirements:

1. You or your spouse have lived in New York for at least 2 years before filing; or

2. You or your spouse have lived in New York for at least 1 year if you were married in New York or lived in New York as a married couple; or

3. Both you and your spouse are residents of New York on the day of filing, and the grounds for divorce occurred in New York.

Grounds for Divorce

New York allows both fault and no-fault grounds for divorce:

1. No-Fault Ground: Irretrievable breakdown of the marriage for at least 6 months.

2. Fault-Based Grounds:

• Cruel and inhuman treatment

• Abandonment for at least one year

• Imprisonment for three or more consecutive years

• Adultery

Steps to File for Divorce

1. Prepare the Required Forms

• Summons with Notice (Form UD-1) or Summons and Verified Complaint (Forms UD-1a and UD-2)

• Notice of Automatic Orders

• Notice Concerning Continuation of Health Care Coverage

• Affidavit of Defendant (Form UD-7) if it's an uncontested divorce

2. File the Forms

• Take the completed forms to the County Clerk's Office in the county where either you or your spouse resides.

• Pay the filing fee (currently $210) or apply for a fee waiver if you cannot afford it.

3. Serve Your Spouse

• Your spouse must be formally served with the divorce papers within 120 days of filing.

• You cannot serve the papers yourself. Use a process server or someone over 18 who is not involved in the case.

• The server must complete an Affidavit of Service, which you'll file with the court.

4. Wait for a Response

• Your spouse has 20 days to respond if served in New York, or 30 days if served outside New York.

5. Complete Additional Forms

• Depending on your situation, you may need to file additional forms such as a Statement of Net Worth, Domestic Relations Affidavit, or Child Support Worksheet.

6. Attend Court Appearances

• You may need to attend preliminary conferences, especially if your divorce is contested.

7. Finalize the Divorce

• For uncontested divorces, submit the remaining required forms to the court for review.

• For contested divorces, you may need to go through mediation or trial before a judge finalizes your divorce.

Special Considerations for NYC

1. Supreme Court Locations: File Divorce in New York city in the appropriate borough's Supreme Court:

• Manhattan: 60 Centre Street

• Brooklyn: 360 Adams Street

• Queens: 88-11 Sutphin Boulevard

• Bronx: 851 Grand Concourse

• Staten Island: 18 Richmond Terrace

2. High Volume: NYC courts handle a high volume of cases. Be prepared for potential delays.

3. Local Resources: Each borough has local bar associations and legal aid societies that can provide assistance.

4. Mediation Services: NYC offers free or low-cost mediation services through community dispute resolution centers.

Post-Filing Steps

1. Financial Disclosure: Both parties must exchange detailed financial information.

2. Temporary Orders: You can request temporary orders for child support, spousal support, or child custody while the divorce is pending.

3. Negotiation: Work on reaching agreements on property division, support, and custody issues.

4. Judgment of Divorce: Once all issues are resolved, submit the final paperwork for the judge to sign the Judgment of Divorce.

Filing for divorce in New York City requires careful preparation and attention to detail. While it's possible to navigate the process on your own, especially for uncontested divorces, many people find it helpful to consult with an attorney, especially for complex cases involving children, significant assets, or contested issues. Remember that each case is unique, and this guide provides a general overview. For specific advice tailored to your situation, consider seeking legal counsel.