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1. Meet Residency Requirements Before filing, ensure you meet New York's residency requirements:

• You or your spouse have lived in New York for at least 2 years before filing

• You or your spouse have lived in New York for at least 1 year if you were married in New York or lived in the state as a married couple

• The grounds for divorce occurred in New York and either party has lived in the state for at least 1 year

1. Determine Grounds for Divorce New York allows both fault and no-fault grounds. The most common is the no-fault ground of "irretrievable breakdown" for at least 6 months.

2. Gather Necessary Documents Collect important paperwork, including:

• Marriage certificate

• Financial records (bank statements, tax returns, pay stubs)

• Property deeds and vehicle titles

• Insurance policies

• Retirement account information

1. Complete Required Forms Fill out the necessary divorce forms:

• Summons with Notice or Summons and Verified Complaint

• Notice of Automatic Orders

• Notice Concerning Continuation of Health Care Coverage

• Affidavit of Defendant (if uncontested)

1. File the Papers Submit your completed forms to the County Clerk's office in the county where either you or your spouse resides. Pay the filing fee or How to apply for a Divorce in New York  for a fee waiver if you can't afford it.

2. Serve Your Spouse The divorce must be formally filed and communicated to your spouse:

• You can't serve the papers yourself

• Use a process server or ask an adult friend or relative

• Your spouse has 20-30 days to respond, depending on how they were served

1. Wait for a Response Your spouse can:

• File an answer agreeing to the divorce (uncontested)

• File a response contesting some or all issues (contested)

• Do nothing, allowing you to seek a default judgment

1. Complete Financial Disclosure Both parties must exchange Statements of Net Worth, detailing all assets, debts, income, and expenses.

2. Attend Preliminary Conference (if contested) For contested divorces, a judge will schedule a preliminary conference to discuss issues and set a timeline for the case.

3. Negotiate Settlement or Prepare for Trial Work with your spouse (and attorneys if applicable) to reach agreements on all issues. If you can't agree, prepare for trial.

4. Draft Settlement Agreement (if uncontested) For uncontested divorces, create a written agreement covering all aspects of the divorce, including property division, spousal support, and child custody/support if applicable.

5. Attend Mandatory Parenting Classes (if children involved) Many New York counties require parents to complete an educational program about the impact of divorce on children.

6. Submit Final Paperwork File the remaining required forms:

• Affidavit of Plaintiff

• Note of Issue

• Request for Judicial Intervention

• Proposed Judgment of Divorce

• Findings of Fact and Conclusions of Law

1. Wait for Judicial Review A judge will review your paperwork. They may request additional information or schedule a hearing if needed.

2. Receive Final Judgment Once the judge signs the Judgment of Divorce, file it with the County Clerk. Your divorce is final when it's entered by the clerk.

3. Handle Post-Divorce Tasks

• Update your name on official documents if changed

• Revise your will and beneficiary designations

• Transfer titles and deeds as per the agreement

• Obtain health insurance if previously covered under your spouse's plan

Additional Considerations:

• The process can be complex. Consider consulting with a divorce attorney, especially for contested cases.

• Mediation or collaborative divorce can be less adversarial alternatives to traditional litigation.

• Be prepared for the process to take several months, even for uncontested divorces.

• Keep copies of all documents and communication related to your divorce.

Remember, while this guide provides a general overview, each divorce case is unique. Consulting with a legal professional can help ensure you're taking the right steps for your specific situation.