New York State Divorce Court: Understanding the Process and What to Expect

Legal Mar 14, 2025 37 Add to Reading List

Filing for divorce in New York State involves navigating the New York State Divorce Court system, which handles marital dissolutions, child custody disputes, spousal support, and asset division. Whether you are pursuing an uncontested or contested divorce, understanding how the divorce court process works can help you prepare for legal proceedings and avoid unnecessary delays.

This guide explains the New York State Divorce Court, filing procedures, and what to expect during your case.

Which Court Handles Divorces in New York State?

Unlike many states where family courts handle divorce cases, divorces in New York are exclusively handled by the New York Supreme Court.

Each county has its own Supreme Court, which is the only court authorized to grant divorces. However, family-related matters like child custody, support, and domestic violence issues may be referred to Family Court if necessary.

Where to File for Divorce in New York?

To file for divorce, you must submit your case in the New York Supreme Court in the county where you or your spouse reside.

Some of the major Supreme Courts handling divorces in New York include:

New York County (Manhattan) Supreme Court
Kings County (Brooklyn) Supreme Court
Queens County Supreme Court
Bronx County Supreme Court
Richmond County (Staten Island) Supreme Court

If you’re unsure where to file, check the New York Unified Court System website or consult a divorce attorney.

Divorce Court Process in New York State

The divorce process in New York State Divorce Court follows these steps:

Step 1: Filing the Divorce Papers

To begin a divorce case, one spouse (the plaintiff) files a Summons with Notice or a Summons and Verified Complaint with the Supreme Court.

Uncontested Divorce: If both spouses agree on all terms, the process is faster and simpler.
Contested Divorce: If spouses disagree on any issues, the court will oversee negotiations, mediation, or trial.

The filing fee for divorce in New York is $210 (additional fees may apply).

Step 2: Serving Divorce Papers to the Defendant

After filing, the plaintiff must serve the divorce papers to the other spouse (the defendant) within 120 days. A third-party adult (not the plaintiff) must complete the service and file an Affidavit of Service with the court.

If the defendant does not respond within 20 days (if served in New York) or 30 days (if served outside New York), the plaintiff can request a default judgment to finalize the divorce without their participation.

Step 3: Pretrial Proceedings (For Contested Cases)

If the divorce is contested, both parties must appear in New York Supreme Court for a Preliminary Conference.

The judge reviews disputes over child custody, alimony, asset division, or other matters.
Both parties exchange financial documents and may enter into mediation or negotiations.
The judge may issue temporary orders for spousal or child support.

If both parties settle, they submit a Stipulation of Settlement, and the case proceeds to final judgment.

Step 4: Divorce Trial (If No Settlement is Reached)

If no agreement is reached, the case moves to trial in New York Supreme Court.

Both spouses present evidence and testimony.
The judge makes decisions on property division, custody, support, and alimony.
Trials can take months or even years, depending on the complexity of the case.

Step 5: Judgment of Divorce

Once all issues are resolved, the judge signs the Judgment of Divorce, legally dissolving the marriage. The County Clerk enters the judgment into court records, making it official.

Both spouses receive a certified copy of the Judgment of Divorce, which they may need for:

Name changes
Financial accounts and tax filings
Child custody and support enforcement

How Long Does Divorce Take in New York State Court?

The timeline for divorce in New York State varies based on whether the divorce is contested or uncontested:

Uncontested Divorce – 3 to 6 months, depending on court processing times.
Contested Divorce – 1 to 2 years or longer, depending on disputes and trial schedules.

Choosing mediation or settlement negotiations can speed up the process and reduce legal costs.

Can You Avoid Court in a New York Divorce?

Yes! If both spouses agree on all issues, they can file for an uncontested divorce without court hearings.

Options include:

Divorce Mediation – A neutral third-party mediator helps couples reach agreements.
Collaborative Divorce – Attorneys negotiate a fair settlement outside of court.
Settlement Agreement – Both spouses sign a Stipulation of Settlement, which is submitted for court approval.

Avoiding court saves time, stress, and legal fees, making it a preferred option for many couples.

What to Expect in New York Divorce Court

If your case requires court hearings or a trial, be prepared for:

Multiple court appearances for conferences, motions, and hearings.
Strict deadlines for financial disclosures and evidence submission.
Testimony and questioning if your case goes to trial.
Court decisions on disputed issues, such as custody, support, and asset division.

Having a divorce attorney can help ensure you present a strong case and protect your rights.

Do You Need a Lawyer for New York Divorce Court?

While you can represent yourself in New York divorce court, hiring an experienced divorce attorney can:

Ensure accurate legal filings to prevent case delays.
Negotiate fair settlements for child custody, support, and asset division.
Represent you in court if your case is contested or complex.
Protect your rights in high-net-worth or high-conflict divorces.

Even in uncontested divorces, a lawyer can review agreements to prevent future disputes.

Final Thoughts

Navigating New York State Divorce Court can be challenging, but understanding the filing process, court procedures, and possible outcomes can help you prepare for a smooth divorce process.

Uncontested divorces are faster and often avoid court appearances.
Contested divorces require pretrial hearings and possibly a trial.
A divorce attorney can help protect your rights and reach a fair settlement.

If you're filing for divorce, consulting a New York divorce lawyer can help you navigate the court system efficiently and achieve the best possible outcome.