The divorce process in New York follows a defined sequence whether the case is simple or complex, contested or uncontested. The steps look different in practice depending on how cooperative the parties are, but the procedural framework is the same. Clients calling Roven Law Group often want a single overview of the entire process before they start asking questions about specific steps. Knowing the shape of the case from filing to final judgment makes it easier to plan and to understand where time and decisions actually get spent.
Here is the divorce process in New York, walked through from first call to entry of judgment.
Step One: Confirm Residency and Choose the Ground
Every New York divorce begins with two threshold questions. The first is whether the parties meet the residency requirements under Domestic Relations Law section 230. The simplest path is when one or both spouses have lived in New York continuously for at least two years before filing. Shorter residency periods work in specific circumstances. Filing without meeting one of these tests gives the other spouse grounds to dismiss the case.
The second is the ground for divorce. Section 170 lists seven grounds. The no-fault provision under section 170(7) is used in nearly every New York divorce filed today. The plaintiff signs a sworn statement that the marriage has been irretrievably broken for at least six months, and the ground is established. Fault grounds remain available but are rarely chosen because they require proof and almost never change the financial outcome.
Step Two: Decide Whether the Case Is Contested or Uncontested
An uncontested divorce is one where both spouses agree on every issue before the case is filed. The agreement covers grounds, equitable distribution of marital property and debt, spousal maintenance, child custody, child support, and counsel fees. The defendant signs an Affidavit of Defendant acknowledging the divorce and waiving formal personal service. Uncontested cases move through the system in three to six months on standard timing.
A contested divorce begins when the parties cannot reach agreement on one or more issues. The case proceeds through discovery, motion practice, and potentially trial. Contested cases routinely run one to three years, sometimes longer. The same procedural steps appear in contested and uncontested cases, but the time and cost are different.
Step Three: Prepare and File the Initial Documents
The plaintiff prepares a Summons with Notice or a Summons and Verified Complaint. Either is acceptable, 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 for $210, and the case is now officially started. The Supreme Court is the only court with jurisdiction to grant a divorce in New York. Family Court, despite the name, cannot end a marriage.
Step Four: 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 adult, usually a process server, hands the documents to the defendant directly. The plaintiff has 120 days under CPLR 306-b to complete service.
In an uncontested case, the defendant typically signs the Affidavit of Defendant ahead of time, eliminating the need for separate personal service. 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 Five: Complete Disclosures and Address Interim Issues
New York matrimonial cases require a Statement of Net Worth from each party, listing income, expenses, assets, and liabilities. Tax returns, pay stubs, retirement statements, and other supporting documents are typically attached.
In contested cases, the matrimonial part of the Supreme Court holds a Preliminary Conference early on, where the judge sets a discovery schedule and addresses temporary issues like interim spousal maintenance, exclusive use of the marital residence, and temporary parenting time. Pendente lite orders made under sections 236(B)(6) and 240 govern the parties’ lives during the case.
Step Six: Negotiate, Settle, or Try the Case
Most contested cases settle before trial. Once both sides have completed discovery and understand the financial and parenting picture, the parties typically negotiate a settlement that resolves every issue. The settlement is documented in a stipulation of settlement or a marital settlement agreement.
Cases that do not settle proceed to trial. The court hears testimony, reviews evidence, and issues a written decision resolving the contested issues. The trial decision becomes the basis for the eventual judgment.
Step Seven: Submit the Judgment Package and Entry of Judgment
Once the parties have settled or the trial decision is in, one of the attorneys prepares the judgment package. The package includes the proposed Judgment of Divorce, the Findings of Fact and Conclusions of Law, the Note of Issue, supporting affidavits, and any required certifications. The court reviews the package, the assigned judge signs the judgment, and the county clerk enters it.
The marriage ends on the date the clerk enters the judgment, not on the date the judge signs it. Both spouses are legally divorced from that date forward and free to remarry, update beneficiary designations, and execute property transfers required by the settlement.
How Roven Law Group Guides Clients Through the Process
Each step of a New York divorce builds on the one before it, and decisions made early in the case affect the time and cost of everything that follows. Roven Law Group walks clients through the process at the start of the engagement, prepares the case for the path that fits the situation, and pushes it forward without manufacturing unnecessary fights. The firm represents clients in matrimonial proceedings across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation to discuss the process for your situation.