If you live in New Rochelle and want a divorce, your case goes to the Westchester County Supreme Court at 111 Dr. Martin Luther King Jr. Blvd. in White Plains, about a 20-minute drive west on I-95 and the Cross County Parkway. The New Rochelle Family Court at 26 Garden Street handles custody, child support, and visitation, but it cannot grant a divorce. Only the Supreme Court can dissolve a marriage in New York. New York is a no-fault, equitable-distribution state, and most New Rochelle filings use the irretrievable-breakdown ground under DRL § 170(7).
Key facts for filing a New Rochelle divorce in 2026
| Detail | New Rochelle / Westchester County |
|---|---|
| County | Westchester County |
| Filing court | Westchester County Supreme Court (Richard J. Daronco Courthouse) |
| Court address | 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601 |
| County Clerk | 110 Dr. Martin Luther King Jr. Blvd., Room 330, White Plains, NY 10601 |
| Filing fee range | $335 minimum ($210 index number + $125 note of issue) |
| Residency requirement | One year continuous (several DRL § 230 pathways); two years if no other path applies |
| Waiting period | No mandatory cooling-off; 40-day wait for a default if a spouse does not respond |
| Property model | Equitable distribution under DRL § 236(B) |
How do I file for divorce in New Rochelle, New York?
To file for divorce in New Rochelle, you purchase an index number for $210 from the Westchester County Clerk in White Plains, then file a Summons with Notice or a Summons and Verified Complaint that states a DRL § 170 ground. New Rochelle residents file at the Supreme Court because Family Court cannot dissolve a marriage. The plaintiff serves the defendant, resolves all financial and custody issues, and submits a $125 note of issue to finalize.
Most New Rochelle couples file under no-fault grounds, swearing the marriage has been irretrievably broken for at least six months. Required papers include the Summons, Verified Complaint, and, because Westchester sits outside New York City, a Stipulation of Settlement resolving property and support. The Westchester County Clerk processes filings and maintains the case file. You can review the official process on the New York Courts self-help portal before starting.
Where do I file for divorce in New Rochelle? (which courthouse)
You file at the Westchester County Supreme Court, 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601, inside the Richard J. Daronco Courthouse. The County Clerk's office, where you buy the index number and pay the $335 in fees, sits in the same building at 110 Dr. Martin Luther King Jr. Blvd., Room 330. The court is open Monday through Friday, 9 a.m. to 5 p.m.
A common mistake for New Rochelle residents is going to the New Rochelle Family Court at 26 Garden Street, 3rd Floor. That court relocated from its former 420 North Avenue address and handles custody, support, and visitation petitions, but it has no authority to grant a divorce. Divorce, separation, and annulment actions belong exclusively to the Supreme Court in White Plains, roughly seven miles north of downtown New Rochelle.
How much does a divorce lawyer cost in New Rochelle?
A New Rochelle divorce lawyer typically charges $300 to $500 per hour, with an uncontested case often running $2,500 to $5,000 in total fees and a contested case reaching $15,000 to $30,000 or more. Separate from attorney fees, every filer pays at least $335 in mandatory court costs: a $210 index number plus a $125 note of issue paid to the Westchester County Clerk.
Additional court charges can add up during a contested Westchester case. Expect roughly $45 per motion, $35 to file a separation agreement, and $8 for each certified copy of the final judgment. Process-server fees, notary costs, and expert witnesses are extra. If you cannot afford the filing fees, New York offers a Poor Person Relief fee waiver under CPLR § 1101, and recipients of Medicaid, SNAP, or SSI generally qualify automatically. Estimate your total exposure with the divorce cost estimator.
How long does a divorce take in New Rochelle?
An uncontested divorce filed from New Rochelle usually takes 3 to 6 months from filing to a signed judgment, and some straightforward cases close in as little as 6 weeks. New York imposes no mandatory post-filing cooling-off period, so the timeline depends on Westchester County Clerk processing times and how fast both spouses complete the paperwork and Stipulation of Settlement.
Contested cases take far longer, often 12 to 24 months, because no judgment can issue until equitable distribution, spousal maintenance, child support, and custody are all resolved by agreement or trial. If a served spouse never responds, the plaintiff must wait 40 days from service before applying for a default judgment. Westchester's caseload moves faster than New York City's five boroughs but slower than rural upstate counties.
What are the residency requirements to file in Westchester County?
To file a New Rochelle divorce, you must satisfy one of the DRL § 230 residency pathways. The most common is that either spouse has lived in New York continuously for one year and was married in the state, lived here as a married couple, or the grounds arose here. If both spouses currently reside in New York and the grounds arose here, you can file immediately under DRL § 230(4).
A two-year continuous-residency pathway exists when no shorter route applies, such as a couple who married elsewhere and recently moved to Westchester. Courts treat residence and domicile as the same under DRL § 230, requiring both physical presence in New York and intent to make it your permanent home. Residency is a pleading element, so it must appear in the verified complaint or the case can be dismissed.
How is property divided in a New Rochelle divorce?
New York divides marital property by equitable distribution under DRL § 236(B), meaning a fair split rather than an automatic 50/50. Marital property includes nearly everything acquired by either spouse during the marriage regardless of whose name is on the title, while separate property, such as a pre-marriage home or an inheritance, stays with its owner.
Westchester judges weigh the statutory factors in DRL § 236(B)(5)(d): the length of the marriage, each spouse's income and property at marriage and at filing, the age and health of both parties, and the need of a custodial parent to keep the marital residence. The court must explain its reasoning on the record. A 2015 amendment removed enhanced earning capacity from a license or degree as a separately distributable asset. Run estimates with the property division calculator.
What is the 2026 law change New Rochelle filers should know?
Chapter 673 of the Laws of 2025 shortened New York's separation grounds. Couples filing under DRL § 170(5) or (6) now qualify for divorce after living apart for six months under a separation judgment or agreement, down from one year. The Unified Court System revised its Uncontested Divorce Packets effective March 1, 2026 to reflect this change.
This update does not alter the no-fault ground under DRL § 170(7), which most New Rochelle couples use and which already requires only a six-month irretrievable breakdown before filing. The practical effect is a faster path for spouses who prefer a formal separation agreement, often used when a religious or financial reason favors separation before divorce. Confirm current packet versions on the New York Courts site before filing.