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Divorce in New York
Everything you need to know about filing for divorce in New York — waiting periods, filing fees, property division rules, and key requirements.
Filing Fee
$335-$380
Waiting Period
None
Response Deadline
20 days after service
Property Division
Equitable Distribution
Fault Grounds
No-fault and fault-based available
Average Duration
6-18 months
E-Filing
Available
Mandatory Mediation
No
Mandatory Parenting Class
Many counties require a parenting education program. Check with your county clerk.
What Makes New York Different
- New York didn't allow no-fault divorce until 2010 — it was the last state to adopt it.
- Response deadline is 20 days for personal service, 30 days for other methods.
- Uncontested divorces can be completed without either spouse appearing in court.
Property Division in New York
New York follows equitable distribution. This means marital property is divided fairly — but not necessarily equally. Courts consider factors like marriage duration, each spouse's income and earning potential, contributions to the marriage (including homemaking), and the needs of any children. What the court considers "fair" can vary significantly case by case.
Note: This guide provides general information about divorce in New York and should not be considered legal advice. Laws change, and your specific situation may involve nuances not covered here. Consult a qualified family law attorney in New York for advice about your case.
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