How Do I File for Divorce in New York? Step-by-Step Guide

Aug 14, 2025

Filing for divorce in New York can be an emotional and procedural challenge. From dividing property to determining child custody, the process involves both legal steps and personal decisions. Whether you are planning an uncontested separation or preparing for court, it is important to understand what filing actually requires. At Levitsky Law Firm, we help individuals across Brooklyn and New York navigate the divorce process with clarity and confidence, offering legal guidance tailored to your unique needs.

Step 1: Meet the Residency Requirements

Before you can file for divorce in New York, you must meet the state’s residency requirements. This typically means one of the following must apply:

  • You or your spouse has lived in New York for at least two continuous years before filing
  • You were married in New York and have lived here for at least one year
  • The cause of the divorce happened in New York, and either spouse has lived in the state for one year

Meeting this requirement is essential to proceed with a valid case. A divorce attorney can help confirm your eligibility and gather any documentation needed to support your filing.

Step 2: Determine the Grounds for Divorce

New York allows both no-fault and fault-based divorces. Most people file under no-fault grounds, which state that the marriage has been irretrievably broken for at least six months. However, you may choose to file under fault-based grounds such as adultery, cruel treatment, abandonment, or imprisonment if they are relevant to your situation.

Your choice of grounds may affect how disputes are resolved, especially in contested cases. An experienced family law attorney can explain which option aligns best with your goals and circumstances.

Step 3: File the Divorce Papers

To start the process, you must complete a “Summons with Notice” or “Summons and Verified Complaint” and file it with the Supreme Court in the county where you or your spouse resides. Once filed, you will need to pay the appropriate fees unless you qualify for a fee waiver.

After filing, the papers must be served to your spouse within 120 days. This service must be completed according to New York’s rules and can be done through a process server or someone over 18 who is not involved in the case. At this stage, having a divorce lawyer ensures that all documents are filed and delivered correctly, so your case is not delayed or dismissed.

If you are unsure where to begin, visit our contact page to schedule a consultation and get the support you need from the start.

Step 4: Responding to the Filing

Once your spouse is served, they have 20 to 30 days to respond, depending on how they were served. If they agree to the terms and do not contest any part of the divorce, the case may move forward as uncontested. If they disagree or wish to raise issues related to property, custody, or support, the case becomes contested, and additional proceedings will follow.

In either case, legal representation protects your interests. A divorce attorney in Brooklyn can handle communication with your spouse’s counsel, propose settlement terms, and ensure your rights are represented during negotiations or in court.

Step 5: Resolve Key Divorce Issues

The major components of a divorce in New York include:

If you and your spouse can agree on these issues, your attorneys will draft a settlement agreement to submit to the court for approval. If you cannot agree, the court may schedule hearings or a trial to decide these matters.

Visit our family law page to learn how our firm handles custody, support, and asset division with practical and compassionate legal care.

Step 6: Finalizing the Divorce

Once all issues are resolved, either by agreement or court order, your attorney will submit a judgment packet to the court for review. This packet includes the settlement agreement (if applicable), proposed judgment of divorce, and other required documents. Once signed by the judge, your divorce is finalized and becomes a legally binding document.

The process may take several months, depending on the complexity of the case and the level of cooperation between spouses. Throughout every stage, your divorce lawyer will keep you informed, file necessary documents, and help you make decisions that support your future.

What Happens After the Divorce Is Final?

After the divorce is granted, both parties must comply with the terms of the court order or settlement. This may include transferring property, setting up custody schedules, or starting support payments. If either party fails to follow through, enforcement actions can be taken.

In some cases, changes in circumstances such as job loss or relocation may justify a request to modify the original order. Our firm continues to support clients long after the divorce is finalized by helping them enforce or adjust orders when life changes.

We’re Here to Help You Move Forward

Divorce is not just a legal event. It is a personal transition that affects your family, finances, and future. At Levitsky Law Firm, we provide client-centered service for individuals going through divorce in Brooklyn and throughout New York City, whether the case is contested or amicable. Our team works with care and determination to help you start the next chapter on solid ground. Contact us today to speak with an attorney who understands both the legal and personal side of divorce.

Family Law

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