Filing for divorce in New York follows a defined sequence, and most of the early mistakes people make come from skipping a step or filing in the wrong place. Clients calling Roven Law Group often want to know whether they can start the process themselves before retaining an attorney. The answer is sometimes yes, but the paperwork has to be precise, and a small error at filing can delay the case by months. Here is the actual sequence, the documents involved, and the points where a misstep tends to create real problems.
Step One: Confirm You Meet the Residency Requirement
Before anything is filed, the residency rules under Domestic Relations Law section 230 have to be satisfied. The simplest path is when one or both spouses have lived in New York continuously for at least two years before filing. A one-year residency works if the parties were married in New York, lived in the state as a married couple, or the cause of action arose in New York. Filing without meeting one of these tests gives the other spouse grounds to dismiss the case, and you start over from the beginning. Confirm the dates before you draft a single page.
Step Two: Choose the Ground for Divorce
Domestic Relations Law section 170 lists the grounds. The no-fault provision under section 170(7), which permits divorce on a sworn statement that the marriage has been irretrievably broken for at least six months, is the ground used in the vast majority of New York filings today. The traditional fault grounds, including cruel and inhuman treatment, abandonment, imprisonment, adultery, and living apart under a separation judgment or written separation agreement, remain available but are rarely chosen because fault almost never affects the financial outcome.
Step Three: Decide Whether the Filing Will Be Uncontested or Contested
An uncontested divorce is one where both spouses agree on every issue before filing: grounds, equitable distribution, spousal maintenance, child custody, child support, and counsel fees. The agreement is documented in a stipulation of settlement, and one spouse signs an Affidavit of Defendant accepting service and consenting to the divorce. The package moves through the court with no further intervention from the other spouse.
A contested divorce starts the same way but acknowledges that issues remain in dispute. The case moves into discovery, motion practice, and potentially trial. The filing paperwork is similar at the outset. The difference shows up after the summons is served.
Step Four: Prepare and File the Initial Documents
The plaintiff, who is the spouse filing for divorce, prepares a Summons with Notice or a Summons and Verified Complaint. The Summons with Notice is the shorter version and identifies the relief sought without setting out detailed allegations. The Summons and Verified Complaint includes a complete statement of the grounds and the relief requested. Either is acceptable in New York, though most contested cases use the longer version.
The initial filing happens at the county clerk’s office in the county where either spouse resides. The plaintiff purchases an Index Number from the clerk for $210, which assigns the case its identifier. The Summons or Summons and Complaint is then filed with the clerk and stamped with the Index Number. The case is now officially started.
Step Five: Serve the Other Spouse
Once the documents are filed, the defendant has to be served personally. New York requires personal service for matrimonial actions, meaning the papers cannot be mailed or left at the door. A non-party over the age of eighteen, often a process server, hands the documents to the defendant directly.
In an uncontested case, the defendant typically signs the Affidavit of Defendant ahead of time, and personal service is satisfied through delivery of a copy of the filed papers. The signed affidavit eliminates the need for further response. In a contested case, the defendant has twenty days to respond if served in New York, or thirty days if served outside the state.
Step Six: Complete the Required Disclosures and Filings
New York matrimonial cases require a Statement of Net Worth from each party, which lists income, expenses, assets, and liabilities. The form is required regardless of whether the case is contested. Tax returns, pay stubs, retirement statements, and other supporting documents are typically attached. Inaccurate or incomplete disclosures are a common reason judges delay or reject judgment packages.
A Request for Judicial Intervention, which costs $95 to file, brings the case to the attention of a judge and assigns it to a matrimonial part. In uncontested cases, this filing happens later in the sequence as part of the judgment package.
Step Seven: Resolve the Issues and Submit the Judgment Package
In an uncontested case, once disclosures are complete and any waiting period has run, the plaintiff prepares the judgment package. This includes the proposed Judgment of Divorce, the Findings of Fact and Conclusions of Law, the Note of Issue ($30 in an uncontested case), and supporting affidavits. The package is submitted to the court, reviewed by the assigned judge, and entered by the county clerk once signed.
In a contested case, the judgment package is prepared after the parties either reach a settlement or complete trial. The court enters the judgment, and the marriage is officially ended on the date of entry.
How Roven Law Group Helps Clients File Correctly the First Time
A New York divorce filing has many small parts, and any one of them can stall the case if handled incorrectly. Roven Law Group prepares the filing package with attention to the residency analysis, the chosen grounds, the disclosure requirements, and the judgment paperwork that sometimes trips up self-filed cases at the end. The firm represents clients in matrimonial proceedings across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation before filing to make sure the case starts on the right footing.