Divorce Checklist for New York

New York Domestic Relations Law Section 230 establishes five alternative residency bases for filing divorce in Supreme Court. The most commonly used requires that either spouse has been a continuous New York resident for at least one year immediately before filing, provided the marriage took place in New York, the couple resided in New York as a married couple, or the cause of divorce occurred in the state. A broader catch-all provision under DRL 230(5) allows filing if either spouse has resided in New York for two continuous years, regardless of where the marriage occurred. If both spouses currently reside in New York and the cause of divorce happened in the state, there is no minimum residency period. Note that if filing on no-fault grounds under DRL 170(7), the 'cause occurred in New York' bases under DRL 230(3) and 230(4) may not apply, because irretrievable breakdown has been held not to constitute a 'cause of action' for residency purposes. Gather documentation proving your continuous residence at your New York address for the applicable period.

New York Domestic Relations Law Section 170 provides seven grounds for divorce. The most commonly used is irretrievable breakdown under DRL 170(7), which requires a sworn statement that the marital relationship has broken down irretrievably for at least six months. To use this no-fault ground, all economic issues — including equitable distribution of property, spousal maintenance, child support, custody, and attorney fees — must be resolved by agreement or court determination before the judgment can be entered. Fault-based grounds include cruel and inhuman treatment under DRL 170(1), abandonment for one year or more under DRL 170(2), imprisonment for three or more consecutive years under DRL 170(3), adultery under DRL 170(4), and living apart after a separation decree or written separation agreement under DRL 170(5) and 170(6). Most filers choose no-fault grounds because they avoid the burden of proving fault and simplify the process significantly.

Before filing for divorce in New York, assemble all critical personal and financial documents you will need throughout the case. New York's mandatory financial disclosure rules under 22 NYCRR 202.16 require both parties to exchange sworn Statements of Net Worth detailing income, expenses, assets, and liabilities. Begin collecting at least three to five years of tax returns, recent pay stubs, bank statements for all accounts, investment and retirement account statements, credit card statements, mortgage documents, vehicle titles, and business financial records if applicable. You will also need your certified marriage certificate, birth certificates for any children under 21, and any existing prenuptial or postnuptial agreements. Organizing these documents early prevents delays during discovery and ensures accurate completion of your Statement of Net Worth. Make copies of everything and store originals in a secure location outside the marital home, such as a safe deposit box or with a trusted family member.

New York Domestic Relations Law Section 236(B)(2)(b) imposes automatic restraining orders that become effective the moment the plaintiff files the Summons with the County Clerk. These orders bind the defendant upon service of the Summons along with the Notice of Automatic Orders. The automatic orders prohibit both parties from transferring, encumbering, assigning, removing, or withdrawing any marital property except in the ordinary course of business or for usual household expenses and reasonable attorney fees. Neither spouse may make changes to existing health or life insurance policies, including removing a spouse or child as a beneficiary. Neither party may incur unreasonable debts, including borrowing against credit lines secured by the family residence or making excessive credit card charges. Retirement accounts, 401(k) plans, IRAs, pensions, and profit-sharing plans cannot be accessed without written consent or court order. These orders remain in effect until the judgment of divorce is entered or the action is dismissed.

To initiate a divorce in New York, you must complete either a Summons with Notice (Form UD-1) or a Summons (Form UD-1a) paired with a Verified Complaint (Form UD-2). The Summons with Notice is a single document that notifies your spouse of the divorce action and lists the relief you seek, while the Summons and Verified Complaint approach provides a detailed pleading of your grounds under DRL Section 170 and all requested relief including equitable distribution, maintenance, child custody, and child support. The Verified Complaint must be sworn to under penalty of perjury and must allege at least one ground for divorce. You must specify the DRL 170 subdivision you are relying upon — most commonly subdivision 7 for irretrievable breakdown. If you were married in a religious ceremony, you must also prepare the Sworn Statement of Removal of Barriers to Remarriage (Form UD-4). As of January 2025, couples may alternatively use the Joint Divorce forms (JD series) if both parties agree to file together on no-fault grounds.

File your completed Summons with Notice or Summons and Verified Complaint with the Supreme Court County Clerk in the county where you or your spouse reside. Under the 2025 amendment to CPLR 515, matrimonial actions must generally be brought in a county where at least one party or a minor child resides. The County Clerk will assign an index number — the unique case identifier that must appear on all subsequent filings. The index number costs $210.00. You must bring the original documents plus two copies for filing. Write the index number and the date of purchase on your Summons immediately after receiving it. Many New York counties allow electronic filing through NYSCEF, the New York State Courts Electronic Filing system — check the e-filing County List at nycourts.gov to see if your county participates. If you cannot afford the filing fee, you may apply for a fee waiver under CPLR Section 1101 by filing a Poor Person Application demonstrating financial hardship. If represented by a legal aid organization, fees are automatically waived without a motion.

After filing, you must serve your spouse with the Summons with Notice or Summons and Verified Complaint, along with the Notice of Automatic Orders, within 120 days of filing under CPLR 306-b. Service must be performed by a person who is at least 18 years old and is not a party to the action, as required by CPLR 2103(a). The primary method is personal delivery under CPLR 308(1), meaning the papers are physically handed to your spouse. If personal service is impracticable, alternatives include substituted service under CPLR 308(2) — delivering papers to a person of suitable age and discretion at the defendant's home or workplace and mailing a copy — or nail-and-mail service under CPLR 308(4) after due diligence. DRL Section 232(b) additionally requires the server's affidavit to state how they identified the defendant. Papers may not be served on a Sunday. As an alternative, CPLR 312-a allows service by first-class mail if your spouse signs and returns an Acknowledgment of Receipt within 30 days.

After service, the defendant has 20 days to respond if served within New York State, or 30 days if served outside the state, as specified in the Summons (Form UD-1). Three outcomes are possible. First, the defendant may sign and return the Affidavit of Defendant (Form UD-7), agreeing to the divorce and all terms — this results in an uncontested divorce. Second, the defendant may file an Answer with the Supreme Court, contesting one or more issues such as grounds, equitable distribution, maintenance, custody, or child support — this converts the case to a contested divorce. Third, the defendant may fail to respond entirely, resulting in a default. If the defendant defaults, the plaintiff may proceed to seek a default judgment, but must still prove the case through sworn affidavits. If the defendant files an Answer, both parties must file a Request for Judicial Intervention (Form UD-13) within 45 days of service to have a judge assigned.

In all contested divorces involving equitable distribution, maintenance, or child support, both parties must exchange sworn Statements of Net Worth within the timeframe set by the court, pursuant to 22 NYCRR 202.16 and DRL Section 236(B). The Statement of Net Worth is a comprehensive 22-page court-promulgated form requiring detailed disclosure of all income sources, monthly expenses, assets (real estate, bank accounts, investments, retirement accounts, vehicles, personal property, business interests), and liabilities (mortgages, loans, credit card balances). Each party must swear to the accuracy of the statement before a notary public under penalty of perjury. Failure to disclose assets can result in sanctions, adverse inferences at trial, or the court reopening the judgment. As of December 2025, the Unified Court System adopted a revised Statement of Net Worth form and a new spreadsheet-based Statement of Proposed Disposition under amendments to 22 NYCRR 202.16. Additionally, both parties must produce three years of tax returns and supporting financial documents as part of mandatory disclosure.

In contested divorces, a Preliminary Conference must be held within 45 days after the case is assigned to a judge, pursuant to 22 NYCRR 202.16(f). Both parties and their attorneys must attend. The judge or judicial hearing officer identifies the contested issues — which may include equitable distribution, spousal maintenance, child custody, child support, and visitation — and issues a Preliminary Conference Order establishing a timetable for discovery. This order typically sets deadlines for exchanging financial documents, completing depositions, retaining experts such as forensic accountants or custody evaluators, and filing motions. Discovery must be completed and a Note of Issue filed no later than six months from the date of the preliminary conference, unless the court extends the deadline. Issues that both parties agree upon are marked as resolved in the PC Order. The court will also address whether the case is appropriate for mediation or other alternative dispute resolution, and may refer the parties to a court-annexed mediation program if both sides consent.

Following the Preliminary Conference, both parties engage in the discovery phase, exchanging documents and information identified in the PC Order. Discovery typically involves 20 to 30 categories of document requests including financial statements, business records, real property appraisals, pension valuations, and lifestyle-related expenditures. Either party has 20 days to object to discovery demands they consider overbroad or irrelevant. Depositions — sworn oral testimony of each party and relevant witnesses — are usually scheduled during this phase. The court then holds a Compliance Conference to determine whether both parties have complied with the discovery schedule. If they have, the case progresses toward trial preparation. If a party has failed to comply, the court may issue orders compelling disclosure, impose sanctions, or draw adverse inferences. Many cases settle at or around the compliance conference stage, as the judge actively discusses settlement and both parties now have a complete picture of marital finances. If unresolved, the court sets deposition dates and additional compliance conferences.

For uncontested divorces where the defendant signed Form UD-7 or defaulted, the plaintiff must submit a packet of remaining forms to the court for the judge's review. This includes the Affirmation of Regularity (Form UD-5) confirming all procedural requirements were met, the Affidavit of Plaintiff (Form UD-6) attesting to the facts of the case and grounds for divorce, three copies of the Note of Issue (Form UD-9) requesting the judge review the case, the proposed Findings of Fact and Conclusions of Law (Form UD-10), the proposed Judgment of Divorce (Form UD-11), the Part 130 Certification (Form UD-12) affirming the papers are not frivolous, and a Certificate of Dissolution of Marriage. The Note of Issue filing fee is $125.00. If children under 21 are involved, you must also file the Child Support Worksheet (Form UD-8(3)), the Support Collection Unit Information Sheet (Form UD-8a), and the Qualified Medical Child Support Order (Form UD-8b). Outside New York City, you must also file Form UD-13 (RJI).

After the judge reviews all submitted papers in an uncontested divorce or renders a decision after trial in a contested case, the court issues a Judgment of Divorce (Form UD-11 for uncontested). For contested cases that proceed to trial, the trial typically spans three to eight court dates, after which the judge issues a written decision addressing all contested issues including equitable distribution under DRL 236(B), spousal maintenance under DRL 236(B)(6), child custody and visitation, and child support under the Child Support Standards Act. Once signed, the Judgment must be filed with the County Clerk's office — in some counties, you must do this yourself. The defendant must be served with a copy of the entered Judgment, and a new Affidavit of Service (Form UD-3) must be completed documenting that service. The marriage is officially dissolved on the date the Judgment is signed by the judge, not the date it is filed with the County Clerk. You should obtain at least two certified copies of the Judgment for your records, as you will need them to update identification documents, benefits, and property records.

After the Judgment of Divorce is entered, both parties must comply with all terms including equitable distribution of property, spousal maintenance payments, child custody and visitation schedules, and child support obligations under the Child Support Standards Act. If the Judgment includes a Qualified Domestic Relations Order (QDRO) for the division of retirement accounts such as 401(k) plans or pensions, the QDRO must be separately drafted and submitted to both the court and the retirement plan administrator for approval. Update your will, powers of attorney, and health care proxy — New York law under EPTL Section 5-1.4 automatically revokes dispositions to a former spouse upon divorce, but executing new documents is strongly recommended. Update beneficiary designations on life insurance, retirement accounts, and bank accounts. Notify the Social Security Administration, Department of Motor Vehicles, and other agencies of any name changes. File updated W-4 forms with your employer to reflect your new filing status. If your spouse was ordered to maintain health insurance coverage, verify that the policy remains in effect.