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.govThe 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.govWhen the uncontested forms fit
- One of the residency options above applies.
- The marriage has broken down for at least six months, and you can say so under oath.
- You and your spouse have settled property, debts, support and, if you have children, custody and child support, usually in a written agreement.
- Your spouse will sign the Affirmation of Defendant (UD-7), or can be served and does not respond.
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.