New York Divorce Residency Requirements
Before filing, confirm that you or your spouse meets the New York residency and county filing requirements.
General self-help information for uncontested filers. Not legal advice.
Quick facts
Court
Supreme Court
Divorce cases in New York are filed through the Supreme Court or the applicable county court process.
Court Fee
$210 index number fee; additional court fees may apply
Court fees are separate from DivorceReady document preparation pricing and can change by county.
Waiting Period
No mandatory waiting period after filing once service, grounds, and settlement requirements are met
This is the minimum timing rule shown in the state filing profile.
Filing Method
NYSCEF
NYSCEF is listed as the filing portal for self-represented filers. Matrimonial e-filing is available in many but not all New York counties. Confirm with your county clerk.
Confirm eligibility
Review New York residency, uncontested status, and whether both spouses agree on the main divorce terms.
Prepare the right documents
Use the guided questionnaire to prepare the VERIFIED COMPLAINT FOR DIVORCE, settlement terms, and final decree or judgment documents.
File with the proper court
Submit the completed packet to the Supreme Court or approved filing portal for the proper county.
Complete service or waiver
Follow the New York service process, including waiver or acceptance options when available and allowed.
Finish after the waiting period
After the No mandatory waiting period after filing once service, grounds, and settlement requirements are met waiting period or required court timing, submit final materials for court review.
Source-backed legal information
New York Authority & Review Notes
This page is maintained for self-represented uncontested divorce filers and is checked against official court, clerk, and e-filing resources where available.
Last reviewed
August 31, 2026
Next scheduled check: November 29, 2026
Reviewed by
DivorceReady Editorial Review Team
Editorial QC, source checks, and product-language review.
Attorney review
Prepared for future reviewer attribution
Attorney-review structure prepared; no attorney reviewer is currently assigned.
What DivorceReady Prepares
- New York divorce petition, complaint, or dissolution starter documents based on the selected package.
- Service, waiver, acceptance, or notice documents where those documents are part of the self-represented filing path.
- Settlement, final decree, parenting, name restoration, and filing checklist materials when the user selects an eligible package.
What Users Must File/Pay Separately
- File the signed document packet with the New York court, clerk, or approved e-filing portal after purchase and review.
- Pay court filing fees, service fees, certified copies, and e-filing provider fees directly to the court, clerk, sheriff/constable, process server, or filing vendor.
- Confirm local clerk instructions, signatures, notarization, service, hearing, and final-decree procedures before filing.
Official Sources Cited
DivorceReady.online is a self-help document preparation service. We are not a law firm, do not provide legal advice, do not represent customers in court, and are not affiliated with any court. Customers are responsible for reviewing, signing, filing, serving, and paying all court or provider fees required by their filing office.
New York residency requirement
New York residency can be met several ways, including either spouse living in New York continuously for at least two years before filing, or a one-year New York residency tied to a New York marriage, marital residence, or cause of action. If the cause occurred in New York and both spouses are residents when filing, that can also satisfy residency.
Where to file
Divorce papers are generally filed in the proper county court connected to the Supreme Court. DivorceReady helps prepare the paperwork; you still file through the court, clerk, or approved portal.
Before you start the questionnaire
If you are unsure whether you meet the New York residency rule, gather your move-in dates, current county, spouse location, and any documents showing where you live.
Document preparation
Ready to Prepare Your New York Divorce Papers?
Start with simple questions, review your answers before checkout, and download your state-specific divorce document package after purchase.
Start My New York DivorceDivorceReady prepares your documents. Filing is completed separately through your court, clerk, or approved e-filing portal where available. DivorceReady is not a law firm and does not file documents with the court on your behalf.
Frequently Asked Questions
What is the residency rule for divorce in New York?
New York residency can be met several ways, including either spouse living in New York continuously for at least two years before filing, or a one-year New York residency tied to a New York marriage, marital residence, or cause of action. If the cause occurred in New York and both spouses are residents when filing, that can also satisfy residency.
Can I start before I meet the New York residency rule?
You can review the process and gather information, but eligibility to file depends on the state and county residency requirements that apply to your case.
Can I file an uncontested divorce myself in New York?
Many uncontested filers prepare and file their own divorce paperwork as self-represented filers when both spouses agree on the major terms. DivorceReady prepares documents but is not a law firm and does not provide legal advice.
Where do I file divorce papers in New York?
Divorce papers in New York are generally filed with the Supreme Court in the proper county. Local filing codes, clerk procedures, and extra local forms can vary by county.