To file for divorce in New York, one spouse must have lived in the state continuously for at least one year. New York allows both no-fault and fault-based divorces. For a no-fault divorce, you must state that the marriage has irretrievably broken down for at least six months.
The process involves Filing for Divorce in New York state a Summons with Notice or Summons and Complaint in the Supreme Court of the county where either spouse resides. The filing spouse must then serve the papers to their partner. If both parties agree on all terms, they can file an uncontested divorce. Otherwise, the case proceeds as a contested divorce, potentially involving negotiations or court hearings to resolve disputes over issues like property division, alimony, child custody, and support.
