Divorce
Crime victims often experience emotional and psychological trauma. The trauma can affect your relationships with friends and loved ones, and may even impact your marriage. This section has basic information about divorce and resources that can help you.
What is a divorce?
Divorce is the legal ending of a marriage by court order.
A divorce case can deal with issues including:
- Custody of the children
- Child support
- Dividing up property, such as your home and cars
- Payment of bills, such as your mortgage, credit cards, personal loans and debts
There are 2 kinds of divorces:
- Uncontested divorce: Both spouses agree to the divorce and agree about the children, property, finances, and other issues.
- Contested divorce: The spouses do not agree about the children, property, finances, and other issues.
Can I get a divorce?
To get a divorce in New York State, you must prove 1 of these things:
- Irretrievable breakdown: For at least 6 months, one or both spouses have not wanted to live with each other, and your relationship cannot be fixed.
- Cruel and inhuman treatment: Your physical or mental health is in danger if you keep living together.
- Abandonment: Your spouse left you at least 1 year ago and does not plan to return.
- Imprisonment: Your spouse has been in jail for at least 3 years after you got married.
- Adultery: Your spouse committed adultery.
- Legal separation: You and your spouse have lived apart for at least 1 year after signing a legal agreement to separate.
- Judgment of separation: You and your spouse have not lived together because of a “judgment of separation.”
AND you must meet 1 of these residency requirements:
- You or your spouse have lived in New York for at least 2 years before the divorce case is started.
- You and your spouse lived in New York when the divorce started and the reasons for the divorce happened here.
- You or your spouse have been living in New York State for at least 1 year and (1) you got married in New York State, or (2) you lived here as a married couple, or (3) the reason for the divorce happened here.
For more information about residency and divorce grounds, visit the NY Courts website
How do I file for divorce?
You can file for divorce in Supreme Court in the county you live.
If you and your spouse agree about all the issues in your divorce, use the uncontested divorce packet.
- If you do not have children under 21 with your spouse and your relationship ended at least 6 months ago, you can use the Court’s free online Do-It-Yourself (DIY) Uncontested Divorce Program.
- If you have children under the age of 21 with your spouse, use the hard-copy forms in the Uncontested Divorce Packet Forms
If you and your spouse do not agree about all the issues in your divorce, such as property, support, custody, or visitation, talk to a lawyer. A contested divorce can be complicated. You may have to go to court several times.
To find a lawyer, visit our Legal Help Directory.
After you file for divorce, you must have your spouse served (given) a copy of the divorce papers.
To learn more about how to serve divorce papers, visit serving the defendant in an uncontested divorce to learn more about service.
For more information about divorce in New York State, please visit the NY Courts website.