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Is There a Waiting Period for a Divorce in New York?

Posted on July 26, 2022

While New York does not have a waiting period for a divorce, there are requirements that spouses must meet before a court grants final divorce orders. To ensure your New York divorce proceeds in a timely manner, review the following and secure the help of an experienced New York divorce attorney to aid you in the process.

New York’s Residency Requirements for a Divorce

Before anyone can file for a divorce in New York, they must meet the state’s residency requirements.

These are as follows:

The spouses married in New York; and

Either one or both spouses lived in New York for one year before the divorce filing;


The spouses lived together in New York at any point; and

Either one or both spouses lived in New York for one year prior to the divorce filing;


The filing spouse is filing a fault-based divorce for grounds that occurred in New York; and

Either spouse lived in New York for one year prior to the divorce filing;


Either spouse lived in New York for two years prior to the divorce filing.

Once residency requirements are met, a spouse may file their New York divorce within the state at their local court.

Is the Divorce Contested?

Before any New York divorce is finalized, all outstanding property, debt, child custody and visitation, child support, and spousal support issues must be settled. The spouses may reach their own agreements about all or some of these matters, or the court can rule on them at a divorce trial.

An uncontested divorce, in which the spouses agree upon all the above issues, takes substantially less time than a contested divorce. A contested divorce is a divorce in which one or more matters need resolving by the court.

A trial before a judge is the most lengthy type of divorce. Many couples who cannot agree on all of their issues alone, but can communicate, will seek the services of a mediator to reach a compromise.

How Long Does the Average New York Divorce Take?

The average uncontested divorce in New York takes approximately three months. A contested divorce takes around nine and a half months to complete. However, it can take much longer if a spouse alleges one of New York’s three grounds for a fault-based divorce, as these must be proven.

New York’s fault-based grounds for divorce are:

  • Cruel & Inhumane Treatment;
  • Abandonment; and
  • Adultery.

These are rarely used since the introduction of the no-fault divorce based on the grounds of an irretrievable breakdown of the marriage.

Contact an Experienced New York Divorce Attorney Today

For more information about filing a divorce in New York, contact the experienced divorce attorney at the Law Offices of Vivien I. Stark. Attorney Stark can address your concerns about contested and uncontested divorces in New York and help you understand if filing under one of New York’s fault-based grounds is to your advantage.

Reach out to our office today and schedule a confidential consultation. Never enter into a divorce filing or proceeding without the protection of a strong, knowledgeable attorney like Attorney Vivien I. Stark.

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