Quick answer: New York requires a continuous year of residence if the parties married there, lived there as spouses or the cause occurred there, no minimum if the cause occurred there and both are residents, and two years otherwise. The no-fault ground needs six months of breakdown and every issue resolved.
This New York divorce timeline calculator applies DRL 230 and the ground in DRL 170(7). Choose your residence basis, enter the date residence began, optionally the date the marriage broke down, and your planned filing date: it shows the earliest filing date and the six-month mark, nothing more. A real case usually takes longer, because the court must also resolve property, support and custody.
New York divorce timeline rules at a glance
| Rule | What New York says |
|---|---|
| Basis 1 | Married in New York and either spouse a resident for a continuous year immediately before; or the parties resided in New York as spouses and either is a resident for a continuous year (DRL 230(1)-(2)) |
| Basis 2 | The cause occurred in New York and either spouse has been a resident for at least a year (230(3)) |
| Basis 3 | The cause occurred in New York and both spouses are residents when the action starts: no minimum period (230(4)) |
| Basis 4 | Either spouse has been a resident for a continuous two years immediately before the action (230(5)) |
| No-fault ground | The relationship has broken down irretrievably for at least six months, one party having so stated under oath (DRL 170(7)) |
| Before judgment | Equitable distribution, spousal support, child support, counsel and expert fees and custody and visitation must be resolved by the parties or determined by the court (170(7)) |
How does the New York divorce timeline work?
- Residence and where to file. See New York divorce residency and where to file.
- Agreement or dispute. See uncontested versus contested divorce in New York.
- Grounds. See the grounds for divorce in New York.
What does this divorce timeline calculator check?
On the one-year and two-year bases the calculator adds the period to the date residence began and tells you whether your planned filing date is early; on the basis with no minimum it shows that you can file on the date you enter. If you enter the date the marriage broke down irretrievably, it adds six months and shows whether that mark is reached by the filing date. It cannot say how long the court will take. Support and custody questions that arise during the case are covered by the New York alimony calculator and the New York parenting time calculator.
Frequently asked questions
How long must I live in New York before filing for divorce?
It depends on the basis: a continuous year if you married in New York, lived there as spouses or the cause occurred there; no minimum if the cause occurred there and both of you are residents; otherwise two years.
Is there a waiting period for divorce in New York?
Not after filing in the sections we read, but a divorce on irretrievable breakdown needs six months of breakdown and no judgment until every financial and custody issue is resolved.
Does New York require a separation before divorce?
No. Irretrievable breakdown for six months, sworn by one spouse, is a ground; separation under an agreement or judgment for a year is another.
Can I get a divorce in New York if my spouse disagrees?
Yes. One spouse’s sworn statement of irretrievable breakdown is enough for the ground; the court still must resolve or determine every issue.
Does the calculator tell me how long my New York divorce will take?
No. It shows only the legal minimums; the real timeline depends on the court and on whether the spouses agree.