What are the different kinds of divorce in New York?
The labels describe process, not conflict level.
- No-Fault Divorce — the grounds. One spouse swears the marriage has been irretrievably broken for at least six months. This is how most New York divorces are grounded now.
- Uncontested Divorce — every issue is resolved and the court is asked to sign off. Fastest and cheapest route.
- Contested Divorce — one or more issues remain in dispute and the court will decide them.
- Collaborative Divorce — both spouses and both attorneys sign an agreement to resolve everything without litigation.
- Divorce Mediation — a neutral third party helps reach agreement; each spouse still needs their own counsel to review it.
A case can move between these. Most contested divorces settle and finish as uncontested.
What actually has to be decided?
- Equitable Distribution — dividing marital property and debt under DRL §236(B)(5). Equitable, not automatically equal.
- Spousal Maintenance — whether one spouse pays support, how much, and for how long, under DRL §236(B)(6).
- Child Custody in Divorce — decision-making and parenting time, decided under DRL §240 on the best interests of the child.
- Child Support in Divorce — calculated under the Child Support Standards Act.
- Retirement Division & QDROs — the marital share of pensions and retirement accounts.
Also handled: Legal Separation · High-Asset & Complex Divorce · Post-Judgment Modification & Enforcement
Where the marriage is not ending but custody or support is at issue, that is a Family Court matter: Family Law.
Where is a divorce filed in Otsego County?
Supreme Court, in Cooperstown. This surprises people who expect Family Court, which handles custody and support for unmarried parents and post-judgment issues but cannot dissolve a marriage.
Filing also requires meeting New York’s residency requirement under DRL §230, which turns on how long one or both spouses have lived in the state and whether the marriage or the grounds have a New York connection.
How long does it take, and what does it cost?
An uncontested divorce where everything is agreed is generally measured in months, and most of that is court processing rather than lawyering. A contested divorce is measured against how many issues are disputed and how much discovery the assets require — it can run a year or well beyond.
Cost tracks the same variable. Before any work begins you receive a written scope and a fee structure for that scope.
Frequently asked questions
Does New York have no-fault divorce?
Yes. Since 2010, DRL §170(7) allows a divorce where one spouse states under oath that the marriage has been irretrievably broken for at least six months. No proof of wrongdoing is required, and the other spouse cannot defeat the ground by disagreeing.
How is property divided in a New York divorce?
By equitable distribution, which means fairly rather than automatically in half. The court divides marital property — generally what was acquired during the marriage — while separate property normally stays with the spouse who owns it.
How long does a divorce take in New York?
An uncontested divorce is typically a matter of months, largely driven by court processing. A contested divorce depends on how many issues are disputed and how complex the assets are, and can run a year or more.
Is spousal maintenance guaranteed?
No. New York applies a guideline formula to income up to a statutory cap, then considers a list of statutory factors. A court can adjust the guideline result or award nothing. Length of marriage heavily influences duration.
Do I have to go to court?
Often not. An uncontested divorce can usually be completed on papers without an appearance. Contested matters involve appearances, though most still resolve by agreement before trial.
Last reviewed October 6, 2026
Related insights
Further reading: Equitable distribution in New York: what “fair” actually means