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Divorce › New York › Residency and grounds

Can I get an uncontested divorce in New York?

Usually yes, if you or your spouse has lived in New York for at least two years in a row (or one year with a New York connection such as marrying here), the marriage has broken down for at least six months, and you have settled money and children issues. Those are the residency rules in Domestic Relations Law §230 and the no-fault ground in §170(7).

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Residency: one of these must be true

You can file in New York only if one of these is true when the case starts: (1) you or your spouse has lived in New York for at least 2 years in a row; (2) you or your spouse has lived in New York for at least 1 year in a row, and you married in New York; (3) you or your spouse has lived in New York for at least 1 year in a row, and you lived in New York as a married couple; (4) you or your spouse has lived in New York for at least 1 year in a row, and the grounds for divorce happened in New York; or (5) both of you live in New York on the day the case starts, and the grounds happened in New York.

Statute: nysenate.gov

The no-fault ground

New York has seven grounds for divorce (DRL §170). The no-fault ground, §170(7), says the relationship has broken down irretrievably for at least six months, and one spouse must say so under oath. The court will not grant a divorce on this ground until all money issues (property, maintenance, child support, counsel and expert fees) and custody and visitation are settled by the spouses or decided by the court and put into the judgment. Once that is done, the divorce must be granted and cannot be defended or opposed.

Statute: nysenate.gov

When the uncontested forms fit

If you and your spouse disagree about money or children, the case is contested and the uncontested packet does not fit.

Questions people ask

Do both spouses have to live in New York?

No. In most situations it is enough that one spouse has lived in New York long enough. The exact options are listed in Domestic Relations Law §230.

What is the no-fault ground in New York?

Domestic Relations Law §170(7): the marriage has broken down irretrievably for at least six months, and one spouse says so under oath.

Can my spouse stop a no-fault divorce?

Once property, support, custody and the other issues are settled or decided by the court, the judge must grant a §170(7) divorce, and it cannot be defended against.

Last checked against official New York court sources on October 1, 2026.

More New York divorce guides

How much an uncontested divorce costsHow long it takes, step by stepEvery uncontested divorce form (UD-1 to UD-15)Common mistakes that delay a divorce

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General information about New York court procedure, not legal advice. LawCat is an independent do-it-yourself document service, not a law firm. Court rules, forms and fees change; confirm with the court or County Clerk before filing.