New York divorce online

Do you qualify for New York divorce online?

Do you have information on the current location of your spouse?

Yes

No

Are you and your spouse in agreement regarding all aspects (this may include property and debt distribution, child support and custody)?

Yes

No

Check your eligibility

Residency Requirements

You can petition for divorce in New York State only if there is compliance with ONE of these conditions:

• The marriage was solemnized in New York State; one year of residing here before filing divorce papers is required for you or your spouse
• Both parties lived together in the state as spouses; one year of residing here before filing divorce papers is required for you or your spouse
• The reasons for a divorce originated in New York; one year of residing here before filing divorce papers is required for you or your spouse
• The reasons for a divorce originated in this state and both the plaintiff and defendant are residing in the state at the time of petitioning for divorce (without specific time period requirements)
• During the last two years before filing for divorce you or your spouse resided in New York State, no matter where you got married or lived together

Reasons for Divorce in the State of New York

A court will consider the case only if the reasons fall within the purview of Domestic Relations Law §170. These are:

1. Cruel or inhumane treatment by the defendant that endangers the physical or mental well-being of the plaintiff.
2. Adultery.
3. More than one year of abandonment from the defendant’s side.
4. Penal servitude of the defendant for no less than three straight years after the marriage.
5. One or more years of living apart according to a decree or judgement of separation (requires satisfactory proof that the plaintiff followed the requirements of the decree or judgement).
6. One or more years of living separately and apart according to a written agreement of separation subscribed by the parties and was documented (requires satisfactory proof that the plaintiff followed the requirements of the decree or judgement). The court clerk should file it and both parties should sign it, providing personal information and stating the date of the agreement of separation.
7. Irretrievable breakdown of the marriage that continued for at least 6 months, confirmed by the oath of one of the parties. The divorce will be finalized only if both parties have arrived at a consensus concerning all marriage-related issues.
8. Reasons 1 and 2 do not need a waiting period to be completed; all others require waiting for a specified amount of time.
9. Here prominence is given to the grounds for divorce, because these affect the waiting period. Pay attention that New York legislation disclaims irreconcilable differences as a ground for divorce.

Parenting Issues

New York child custody guidelines follow the principles of the child’s best interests. Parents can choose between physical and legal custody. Physical custody can be joint or sole and deals with the issue of the child’s residence. Legal custody deals with the right of the parents to decide on child-related issues.

Child Support

For the most part, child support payments continue until the child’s 21st birthday. The calculations are based on the gross income of both parents and expenses for the child’s needs.

Lower Income Status

This status allows an individual to have the divorce action fees waived or forgiven by the court. All you have to do is to fill in the necessary form that proves that you lack the financial resources to pay these costs.

Appearance in Court

Filing for divorce requires a visit to the clerk to deliver the documents, file them and receive a case number. Finalizing the divorce does not require you to appear in court.

Filing Fees

Remember to ask your county’s court officer about filing fees, since our fee excludes court filing fees — which differ from county to county.