About your State

New York's residency rules are a little more flexible than most states, with five different ways to qualify depending on your situation — the most common being one year of residency if you were married in New York or lived there together as a couple. If neither applies, you'll need two years of residency instead.  Here's what's unusual about New York: there's no mandatory waiting period after filing. 

Note that the court won't finalize anything until every issue, such as property, custody, support is fully resolved, so most New York divorces still take several months even when both spouses agree on everything. New York uses equitable distribution, not community property, meaning assets are divided fairly based on your specific circumstances, not automatically split down the middle. These free forms can help you get organized and understand what paperwork New York will expect from you.

Sourcing & Verification

• NY DRL § 230 (residency paths)

• NY DRL § 170(7) (no-fault ground, no mandatory waiting period)

FAQ

How long does a divorce take in New York?  

There's no mandatory waiting period, but most uncontested cases still take 3 to 6 months once you account for resolving every issue — property, support, and custody, if applicable — before the court will finalize anything. Contested cases typically take longer.

Forms to help you along the way

Access your state's specific forms here.