How Long Does a Divorce Take in New York?

Q: How much does it cost to file for divorce in New York?

LawHelpNY lists a $210 fee to buy an index number when you file, and a $125 fee when you file the Note of Issue to put the case on the court's calendar. You can apply for a fee waiver if you can't afford them. Fees can change, so check with the County Clerk.

Last reviewed: October 17, 2026. This article is general information, not legal advice. New York divorces are handled by the Supreme Court in each county under the Domestic Relations Law, and procedures differ between counties, so check with your County Clerk or a New York matrimonial lawyer.

If you're asking how long a divorce takes in New York, here's the good news: unlike California or Texas, New York has no countdown clock after you file. The less obvious news is that New York won't grant a no-fault divorce until every money and children issue is resolved, so your timeline really depends on how quickly those issues are settled.

Short answer: New York has no mandatory waiting period after filing. For the usual no-fault ground, the marriage must have been irretrievably broken for at least six months before, and the court can't grant the divorce until property, support, fees, custody and visitation are resolved. An uncontested case can move as fast as the paperwork, service and court review allow; a contested case commonly takes many months and can run a year or more.

What the law actually says

N.Y. Domestic Relations Law § 170(7), Irretrievable breakdown "The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce." Read the official text (New York State Senate)

N.Y. Domestic Relations Law § 230, Required residence In summary: one spouse generally needs one year of continuous New York residence if you married in New York, lived there as a married couple, or the grounds arose there; otherwise two years, unless the grounds arose in New York and both spouses live there when the case starts. Read the official text (New York State Senate)

Why there's no waiting period, and what replaces it

New York's no-fault ground looks backward, not forward. Under DRL § 170(7), the breakdown must already have lasted at least six months by the time you swear to it. Once that's true, you can file and there is no statutory delay before a judgment.

The catch is the second sentence of § 170(7). A judge can't grant the divorce on this ground until these issues are resolved, either by agreement or by the court:

division of marital property (equitable distribution);
spousal support (maintenance), paid or waived;
child support;
lawyers' and experts' fees; and
custody and visitation.

In practice, that makes a signed settlement agreement the single biggest factor in how long a New York divorce takes.

New York also keeps fault grounds (DRL § 170 lists cruel and inhuman treatment, abandonment, imprisonment and adultery) and two separation-based grounds that require living apart for at least six months under a separation judgment or a written separation agreement (§ 170(5) and (6)). None of these is faster than § 170(7), and fault grounds have to be proved.

Uncontested vs contested in New York

LawHelpNY describes an uncontested divorce as one where your spouse agrees to the divorce and all the terms, such as property division, spousal support and care of the children.

Situation	What happens	When you can move to the next step
Spouse signs the Affidavit of Defendant	They agree to the divorce and don't oppose the papers.	You can file the remaining papers right away.
Spouse doesn't respond	They are in default.	After 40 days from service.
Spouse files an Answer	The divorce is contested.	The case follows the contested track with conferences, discovery and possibly trial.

There's no official statewide average for how long either track takes. As a general pattern, uncontested cases are limited mainly by paperwork and how long the court takes to review it, while contested cases can take many months or longer depending on the issues and the county.

The New York uncontested divorce, step by step

LawHelpNY breaks an uncontested divorce into five steps:

Filing. File a Summons With Notice or a Summons and Complaint with the County Clerk (or electronically, where your county allows it) and pay the $210 index number fee, or apply for a fee waiver. If you have a settlement agreement, you can file it with your papers.
Service. Someone over 18, not you, must deliver the papers to your spouse. You have 120 days from filing to serve them.
Defendant's response. Your spouse can sign the Affidavit of Defendant, not respond, or file an Answer. No response within 40 days of service is a default.
Calendaring. File the Affidavit of Service, the Affidavit of Defendant (if signed), the Certificate of Dissolution, a Note of Issue ($125 fee) and a Request for Judicial Intervention, plus child support or maintenance worksheets if they apply.
Judgment. The judge reviews the papers. The court may require a hearing if you're asking for maintenance, custody, visitation or property distribution, even with an agreement. Once the judge signs the Judgment of Divorce, you serve a copy on your spouse, and LawHelpNY says your divorce is then legal and final.

If you've been separated under a separation agreement for at least six months and have no children under 21, LawHelpNY notes you may be able to prepare your papers with the court system's online DIY Uncontested Divorce Program. Parents of children under 21 use the paper Uncontested Divorce Packet.

What speeds up a New York divorce

A complete settlement agreement covering everything § 170(7) lists.
Your spouse signing the Affidavit of Defendant, so you don't wait 40 days.
Prompt service, well inside the 120-day limit.
Correct, complete calendaring papers, including support worksheets when needed.
E-filing, where your county allows it.

What slows it down

Unresolved economic or custody issues, because § 170(7) blocks the judgment until they're settled or decided.
Complex finances: businesses, pensions or real estate. Our guide on how an LLC is treated in a divorce explains why.
A spouse who can't be found, which means asking the court for alternative service.
Required hearings on maintenance, custody or property.
County workload, which varies across the state.

Common mistakes

Filing before the six months of breakdown, or before meeting the residency rule.
Treating the 40 days as a waiting period. It only applies if your spouse doesn't sign the affidavit or answer.
Signing an agreement you don't understand. LawHelpNY points out that once the divorce is final, the agreement is a contract you must follow, even if you change your mind.
Forgetting the last step: serving your spouse with the signed judgment.

If you're unsure whether to fight over a particular issue, see our articles on whether it's worth contesting a divorce and whether you have to be separated before divorce.

Other states: see how long a divorce takes in Texas, California, Georgia, North Carolina, Florida, New Jersey and Ohio.

Is there a waiting period for divorce in New York?

There is no mandatory waiting period after you file. Instead, the most common ground, irretrievable breakdown under DRL § 170(7), requires that the relationship has broken down irretrievably for at least six months before, and one spouse must say so under oath. How fast the case moves after filing depends on service, your spouse's response and whether all issues are resolved.

What is the fastest way to get divorced in New York?

An uncontested divorce where your spouse signs the Affidavit of Defendant and you've already signed a settlement agreement. LawHelpNY explains that if the defendant signs that affidavit, you can file the remaining papers right away instead of waiting 40 days. After that, timing depends on how quickly the court reviews the papers and whether it requires a hearing.

How long does my spouse have before they are in default?

LawHelpNY says that if the defendant does not respond within 40 days of being served, they have defaulted and the case can move forward. You then file the rest of your papers (the calendaring step). You have 120 days from filing to serve your spouse in the first place.

How long do you have to live in New York to get divorced?

It depends on your situation. Under DRL § 230, you usually need one year of continuous residence by either spouse if you married in New York, lived in New York as a married couple, or the grounds arose in New York. Otherwise, either spouse needs two years of continuous residence, unless the grounds arose in New York and both spouses live there when the case starts.

How much does it cost to file for divorce in New York?

LawHelpNY lists a $210 fee to buy an index number when you file, and a $125 fee when you file the Note of Issue to put the case on the court's calendar. You can apply for a fee waiver if you can't afford them. Fees can change, so check with the County Clerk.

Sources

N.Y. Domestic Relations Law § 170, grounds for divorce: New York State Senate
N.Y. Domestic Relations Law § 230, required residence: New York State Senate
How do I get an uncontested divorce?: LawHelpNY

How Long Does a Divorce Take in New York? No Waiting Period, but Key Rules