New York's Chapter 673 of the Laws of 2025 took effect March 1, 2026, cutting the separation-based divorce waiting period in half — from living apart one year to just six months under N.Y. Dom. Rel. Law § 170. For New York couples separating amicably, this means a court-ready uncontested divorce roughly six months sooner than under prior law.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Chapter 673 reduced the separation-divorce waiting period from 12 months to 6 months and added a new no-fault legal separation ground |
| When | Signed into Laws of 2025; effective March 1, 2026 |
| Where | New York State (all 62 counties) |
| Who's affected | Couples using separation-based grounds under DRL §170(5)-(6) in actions commenced on or after March 1, 2026 |
| Key statutes | DRL § 170(5)-(6); new DRL § 200(6) |
| Impact | Faster path to divorce; new legal-separation option preserves spousal health insurance |
Why this matters legally
Chapter 673 shortens the mandatory separation period before a New York court will grant a separation-based divorce, according to the New York State Unified Court System. Under prior law, spouses relying on a written separation agreement (DRL §170(6)) or a judicial separation decree (DRL §170(5)) had to live apart for one full year before either could sue for divorce. Effective March 1, 2026, that clock runs only six months. The reform matters because it removes six months of legal limbo for couples who have already resolved their differences on paper but were forced to wait a year to formally dissolve the marriage. The change applies only to matrimonial actions commenced on or after the effective date — cases filed before March 1, 2026 remain governed by the one-year rule.
The statute also creates a parallel benefit that is easy to overlook. Chapter 673 added a new no-fault ground for legal separation under DRL § 200, giving couples a formal way to separate — and, critically, to preserve one spouse's coverage under the other's employer health insurance plan — without terminating the marriage. Many group health plans drop a spouse the moment a divorce judgment is entered but continue coverage during a legal separation. This new ground gives couples a legally recognized middle path.
How New York law handles this
New York recognizes seven grounds for divorce under N.Y. Dom. Rel. Law § 170, and Chapter 673 amends two of them. DRL §170(5) covers divorce after a judgment of separation, and DRL §170(6) covers divorce after the parties have lived apart under a written and acknowledged separation agreement. Both grounds previously required the spouses to have lived separate and apart for one year or longer; the amended statute reduces that requirement to six months.
Importantly, New York's true no-fault ground — DRL §170(7), the irretrievable-breakdown ground added in 2010 — is unaffected and still requires no waiting period at all. A spouse can allege the marriage has been irretrievably broken for at least six months and proceed immediately, provided all economic and custody issues are resolved before the judgment is entered. So why does the separation-based path still matter? Some couples prefer the certainty and structure of a signed separation agreement that governs property division and support before either files, and the six-month track now makes that route far more competitive on timing.
The practical machinery has already caught up. The New York State Unified Court System has revised its Uncontested Divorce Packet forms to reflect the six-month period, so self-represented litigants using the DIY packet will see the updated timeline in the current forms rather than the old one-year language. Filers should confirm they are downloading the post-March 2026 versions, because using an outdated affidavit citing a one-year separation could draw a clerk rejection.
Practical takeaways
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Check your commencement date. Chapter 673's six-month period applies only to matrimonial actions commenced on or after March 1, 2026. If you filed before that date, the one-year separation requirement still controls your case.
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Date your separation agreement carefully. Under DRL §170(6), the six-month clock runs from when the parties began living apart under a written, acknowledged (notarized) separation agreement. Keep documentation of the date you began living separately.
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Consider legal separation to protect health insurance. The new no-fault legal-separation ground under DRL §200 can preserve a spouse's employer health coverage that a divorce judgment would terminate. Confirm your specific plan's rules before relying on this — some plans treat legal separation like divorce.
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Download current court forms. The Unified Court System's Uncontested Divorce Packet was revised to reflect the six-month rule. Using an outdated affidavit referencing a one-year separation risks rejection by the county clerk.
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Resolve economics first. A shorter waiting period does not shorten the time needed to settle property division, spousal maintenance, and child custody. Uncontested divorces still move fastest when both spouses agree on these issues before filing.
If you are weighing whether the six-month separation track or New York's immediate irretrievable-breakdown ground fits your situation, a New York family law attorney can help you compare the timing, cost, and health-insurance tradeoffs before you commit to a path. You can also connect with a divorce attorney in your county through our directory to talk through your options.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.