Were you served, or are you filing, in New York? Learn the fee, wait and residency rule.
New York Divorce: Filing Fee, Waiting Period, Residency
New York in short
New York's divorce filing fee is $335. (nysenate.gov) New York sets no statutory waiting period after filing. (nysenate.gov) New York's residency rule: married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230). (nysenate.gov) New York divides marital property by equitable distribution. (irs.gov) New York's alimony rule: yes; statutory maintenance formula (N.Y. Dom. Rel. Law 236(B)). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in New York
- Court filing fee
The petition filing fee in New York is $335.
How this was read
Source note: court fees for an uncontested divorce: $210 index number ($190 plus $5 and $15 additional fees, CPLR 8018(a)(1) and (3)), $95 request for judicial intervention and $30 to place the case on the calendar (CPLR 8020(a)); total $335, matching FindLaw.
Source: nysenate.gov
- Fee waiver
A fee waiver path is recorded for New York: motion to proceed as a poor person; CPLR 1101.
Source: national chart
- Residency before filing
Married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230).
Source: nysenate.gov
- Waiting period
New York sets no statutory wait after filing.
How this was read
No statutory waiting period (FindLaw; legalclarity); the no-fault ground requires an irretrievable breakdown of at least 6 months (Dom. Rel. Law 170(7)).
Source: nysenate.gov
New York divorce rules at a glance
| Rule | New York | Source |
|---|---|---|
| Filing fee | $335 | nysenate.gov |
| Separation required | No | national chart |
| Residency | Married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230) | nysenate.gov |
| Property regime | Equitable distribution | irs.gov |
| Waiting period | No statutory wait | nysenate.gov |
| Child support model | Income shares | ncsl.org |
| Alimony rule | Yes; statutory maintenance formula (N.Y. Dom. Rel. Law 236(B)) | recordinglaw.com |
| Fee waiver | Yes (motion to proceed as a poor person; CPLR 1101) | national chart |
Checked October 14, 2026. Not recorded for New York: parenting class rule and mediation rule.
New York in detail
New York's residency rule reads: married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230). (nysenate.gov) New York's waiting period (no statutory wait): no statutory waiting period (FindLaw; legalclarity); the no-fault ground requires an irretrievable breakdown of at least 6 months (Dom. Rel. Law 170(7)). (nysenate.gov) On separation: not required for the 170(7) breakdown ground; living apart under a separation decree or agreement is a separate ground (Dom. Rel. Law 170(5), (6)). (no link recorded) New York's filing fee ($335): court fees for an uncontested divorce: $210 index number ($190 plus $5 and $15 additional fees, CPLR 8018(a)(1) and (3)), $95 request for judicial intervention and $30 to place the case on the calendar (CPLR 8020(a)); total $335, matching FindLaw. (nysenate.gov) New York's alimony rule: yes; statutory maintenance formula (N.Y. Dom. Rel. Law 236(B)). (recordinglaw.com)
Steps and minimum times in New York
- Before filing, residency. Married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230). (nysenate.gov)
- Filing. New York court fee $335. (nysenate.gov)
- No statutory wait. New York: none after filing; the court's calendar sets the date. (nysenate.gov)
What filing costs in New York
- Court filing fee: $335 (nysenate.gov)
- Fee waiver: Yes (motion to proceed as a poor person; CPLR 1101) (national chart)
Official sources for New York
Questions about New York
How much is New York's divorce filing fee?
$335. Fee waiver: yes (motion to proceed as a poor person; CPLR 1101). (nysenate.gov)
How long is New York's waiting period for divorce?
None after filing. No statutory waiting period (FindLaw; legalclarity); the no-fault ground requires an irretrievable breakdown of at least 6 months (Dom. Rel. Law 170(7)). (nysenate.gov)
What is New York's residency rule for divorce?
Married in New York or lived in New York as spouses or the cause occurred in New York, with one party a resident for 1 continuous year before filing; or the cause occurred in New York and both are residents at filing; or either party a resident for 2 continuous years (N.Y. Dom. Rel. Law 230). (nysenate.gov)
Does New York have an alimony formula?
Yes; statutory maintenance formula (N.Y. Dom. Rel. Law 236(B)). (recordinglaw.com)
Is New York a community property state?
No: equitable distribution (IRS Publication 555). (irs.gov)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.