Divorce Checklist for New York: Everything You Need in 2026

At a Glance

Residency requirement:

New York DRL § 230 offers five residency paths. The most common: either spouse was a NY resident for 2 years, OR either spouse was a NY resident for 1 year and the parties married in NY, lived in NY as spouses, or the grounds occurred in NY. At least one condition must be satisfied.

Filing fee:

$335–$400

Waiting period:

New York has no mandatory waiting period after filing for divorce. However, all issues must be resolved before the court will grant the divorce — New York does not grant a divorce while custody, property, or support issues remain open. This means most New York divorces take several months even when uncontested.

As of April 2026. Reviewed every 3 months. Verify with your local clerk's office.