How Long Does Divorce Take in New York?

If you're considering divorce in New York, understanding the timeline is essential for planning your path forward. New York's divorce process operates through Supreme Court, with strict procedural rules governing everything from service deadlines to automatic restraining orders. While uncontested cases can finalize in 3-6 months, contested divorces typically extend to 9-18 months or longer. This comprehensive guide breaks down each phase of the New York divorce timeline, from purchasing your index number through receiving your final judgment, helping you navigate the Empire State's unique matrimonial procedures.

New York Divorce Grounds: No-Fault Option

New York offers seven grounds for divorce under Domestic Relations Law § 170. The most commonly used is:

"Irretrievable breakdown" of the marriage for at least 6 months (DRL § 170(7)). This no-fault ground requires you to state under oath that the marriage has broken down for at least six months. Importantly, the court cannot enter judgment under this ground until all economic issues (property division, maintenance, child support) and custody/visitation matters are resolved or decided.

Traditional Fault-Based Grounds

While rarely used today, New York still recognizes fault-based grounds:

• Cruel and inhuman treatment: Endangering physical or mental well-being (DRL § 170(1))
• Abandonment: For one or more years (DRL § 170(2))
• Imprisonment: For three or more consecutive years after marriage (DRL § 170(3))
• Adultery: (DRL § 170(4))
• "Conversion" grounds: Living separate and apart under a judgment of separation or written separation agreement for one or more years (DRL §§ 170(5), (6))

Phase 1: Filing Requirements and Index Number (Week 1)

Unlike most states, New York requires you to purchase an index number from the County Clerk before filing your divorce papers.

Residency Requirement

New York DRL § 230 requires:

• Either spouse is a resident of New York when the action is commenced and has been a resident for a continuous period of at least two years before, OR
• Either spouse is a resident of New York when the action is commenced and has been a resident for at least one year before, AND: (a) the parties were married in New York, OR (b) either party has resided in New York during the marriage, OR (c) the cause of action occurred in New York

Filing Fee and Initial Papers

You must purchase an index number for $210 and file either:

• Summons with Notice (Form UD-1): Served initially, with Verified Complaint (Form UD-2) filed later
• Summons and Verified Complaint together: Both served at the same time

You must also include and serve required notices:

• Notice of Automatic Orders (mandatory restraints on both parties)
• Notice Concerning Continuation of Health Care Coverage
• Notice of Guideline Maintenance
• Child Support Standards Chart (if minor children)

Phase 2: Automatic Orders (Immediate Effect Upon Filing)

One of New York's most distinctive divorce features is the Automatic Orders, codified in DRL § 236(B)(2)(b) and 22 NYCRR 202.16-a.

Upon filing and service, these orders immediately restrain BOTH parties from:

• Transferring assets: Other than for customary living/business expenses or reasonable attorney fees
• Changing insurance: Coverage or beneficiaries
• Incurring unreasonable debt: That would burden the marital estate

These orders remain in effect during the entire case unless modified by the court. Violations can lead to contempt or other sanctions.

Phase 3: Service of Process (Weeks 1-4)

New York has strict service requirements for divorce cases. You must serve your spouse within 120 days after filing or risk dismissal.

Service Methods

Personal service is required in divorce actions (DRL § 232) unless a judge approves an alternative method:

• Personal delivery: A non-party adult (process server, sheriff) hand-delivers papers
• Substituted service: Requires court approval; typically "deliver and mail" under CPLR 308(2)
• Service by publication: Only with court permission after showing diligent efforts to locate spouse

Unlike many states, you cannot serve divorce papers by mail in New York without court permission.

Phase 4: Response Period (Days 20-30 After Service)

The defendant has 20 days after personal service within New York (or 30 days for certain substituted/out-of-state service methods) to file an Answer or Notice of Appearance.

If no response is filed, you can proceed with an uncontested divorce by default after filing appropriate affidavits and submitting required financial disclosure.

Phase 5: Request for Judicial Intervention and Assignment (Within 45-120 Days)

For contested cases, you must file a Request for Judicial Intervention (RJI) to get a judge assigned:

• Within 45 days of service of the summons (standard deadline), OR
• Within 120 days if both parties file a Notice of No Necessity agreeing to the extension

Once the RJI is filed, a judge is assigned and the case moves forward to a preliminary conference.

Phase 6: Preliminary Conference and Financial Disclosure (Months 2-4)

Under 22 NYCRR 202.16, the court schedules a Preliminary Conference within 45 days of judicial assignment. This is a critical procedural milestone.

Pre-Conference Exchange (10 Days Before)

Both parties must exchange at least 10 days before the preliminary conference:

• Statement of Net Worth: Detailed sworn statement of assets, liabilities, income, and expenses
• Recent pay stubs
• Last three years of tax returns

Discovery Schedule

At the preliminary conference, the court sets a discovery schedule with typical completion targets:

• Standard track: 12 months from RJI filing
• Complex track: 15 months from RJI filing

Phase 7: Temporary Orders (Months 1-3)

While your divorce is pending, the court can issue temporary orders (pendente lite relief) to maintain stability:

Temporary Maintenance

New York uses a guideline formula under DRL § 236(B)(5-a) for temporary spousal support. The formula applies to the "payor" spouse's income up to $228,000 (as of March 2024). Courts can deviate when the guideline would be unjust or inappropriate.

Child Support

Child support follows the Child Support Standards Act (CSSA) under DRL § 240(1-b):

• 17% of combined parental income for one child
• 25% for two children
• 29% for three children
• 31% for four children
• At least 35% for five or more children

The percentages apply to combined parental income up to $183,000 (as of March 2024). Above this cap, the court exercises discretion.

Other Temporary Relief

• Custody and parenting time: Decided under child's best interests (DRL § 240(1)(a))
• Exclusive occupancy: One spouse stays in marital home (DRL § 234)
• Orders of protection: Available when needed (DRL § 252)

Phase 8: Mediation and Settlement (Months 3-9)

New York's Presumptive ADR initiative refers most civil and matrimonial cases to mediation early in the process. Courts maintain rosters of approved mediators, and many Judicial Districts have dedicated matrimonial mediation programs.

Participation in mediation is encouraged (and often required before trial), but parties are not required to settle. Mediation is typically excluded when there are credible allegations of domestic violence or severe power imbalance.

If mediation results in settlement, the parties prepare a stipulation addressing all issues, which the court incorporates into the final judgment.

Phase 9: Trial and Final Judgment (Months 9-18+)

When settlement isn't reached, the case proceeds to trial. The timeline diverges significantly between uncontested and contested cases:

Uncontested Divorce

If both parties agree on all issues (or defendant defaults), the plaintiff submits:

• Completed uncontested divorce forms (UD series)
• Proposed Judgment of Divorce (Form UD-11)
• Required affidavits and financial documents

Many counties allow uncontested cases to be submitted on papers without a court appearance. New York also offers an Uncontested Joint Divorce option where both spouses jointly file a streamlined packet.

Uncontested timeline: 3-6 months from filing to judgment

Contested Divorce

Contested trials are bench trials (no jury) before a Supreme Court judge. The court decides:

• Grounds: If using fault-based grounds (irretrievable breakdown is uncontested)
• Equitable distribution: Division of marital property under DRL § 236(B)
• Maintenance: Duration-limited spousal support
• Custody and parenting time: Based on child's best interests
• Child support: Per CSSA guidelines
• Counsel fees: Attorney fee awards if appropriate

Contested timeline: 9-18+ months (sometimes 24+ months for complex cases)

Phase 10: Post-Judgment (Week 1+)

After the judge signs the Judgment of Divorce, the County Clerk enters it. You must:

• Serve Notice of Entry (Form UD-14): Starts appellate deadlines
• File Certificate of Dissolution: With the County Clerk (small fee, often $0-$5)
• Execute property transfers: Deeds, titles, account transfers
• Submit QDROs: For retirement asset division
• Complete name restoration: If requested in judgment

The Automatic Orders end when the judgment is entered unless otherwise ordered.

Estimate Your New York Divorce Timeline and Costs

Use our calculator to estimate your timeline and costs based on whether your case is uncontested or contested.

Real-World Timeline Scenarios

Scenario A: Uncontested Joint Divorce, No Children

Facts: Married 5 years, no children, minimal property, both agree on division, both sign joint packet.

Timeline:

• Week 1: Purchase index number ($210); file joint packet; serve spouse
• Weeks 2-12: Exchange financial documents; prepare settlement agreement and proposed judgment
• Months 3-4: Submit for judgment; court reviews and signs

Total time: 3-6 months
Estimated cost: $210-$1,500 (index number, minimal attorney consultation)

Scenario B: Uncontested with Children

Facts: Married 8 years, 2 children, agree on custody and support, have settlement agreement.

Timeline:

• Month 1: File summons and complaint; serve spouse
• Month 2: Spouse files answer agreeing to terms; exchange Statements of Net Worth
• Months 3-4: Finalize parenting plan and child support worksheet
• Months 5-6: Submit uncontested judgment package; court signs

Total time: 5-7 months
Estimated cost: $2,000-$7,000 (index number, service, attorney for document preparation)

Scenario C: Contested with Custody Dispute

Facts: Married 10 years, 1 child (age 7), marital home, retirement accounts, disputed custody schedule.

Timeline:

• Month 1: File summons and complaint; serve spouse; file motion for temporary orders
• Month 2: Temporary orders hearing; RJI filed; judge assigned
• Months 3-4: Preliminary conference; discovery schedule set; exchange financial disclosure
• Months 5-9: Discovery (interrogatories, depositions); parenting evaluation ordered
• Month 10: Court-ordered mediation; settlement attempts
• Months 11-15: Trial preparation; expert reports; pre-trial conference
• Months 16-18: Trial (multiple days); post-trial submissions; judgment entered

Total time: 12-18+ months
Estimated cost: $15,000-$75,000+ (attorney fees, expert witnesses, parenting evaluator, discovery costs)

Frequently Asked Questions

Do I need to wait 6 months before filing for divorce in New York?

No. The "irretrievable breakdown" ground requires the breakdown to have existed for 6 months, but you can file immediately if that condition is met. The 6 months is retrospective, not a waiting period before filing.

What is an index number and why do I need it?

An index number is New York's unique case identifier that you must purchase from the County Clerk ($210) before filing your divorce papers. It's required to commence any Supreme Court action.

Can I use the do-it-yourself forms on nycourts.gov?

Yes, New York Courts provides comprehensive uncontested divorce forms (UD series) and a DIY online tool for qualifying cases. However, many people still consult attorneys to review their settlement agreements.

What happens if I violate the Automatic Orders?

Violations can result in contempt of court, sanctions, or adverse findings in property distribution. The court takes these mandatory restraints seriously.

How long do contested divorces really take in New York?

Most contested cases resolve within 9-18 months. Complex cases with business valuations, custody evaluations, or extensive assets can extend to 24+ months.