How Does Divorce Work in New York?
- Jake Kim
- 4 days ago
- 3 min read
Before you talk to anyone.
Before you threaten anything.
Before you file anything.
Read this.
Divorce in New York is not mysterious—but it is procedural. Most stress comes not from the law itself, but from not understanding what happens, in what order, and in which court. This guide is designed to orient you before you make decisions that are expensive, emotional, or hard to undo.
HOW LONG DOES A DIVORCE TAKE IN NEW YORK?
There is no statutory deadline in New York that dictates how quickly a divorce must begin or conclude.
That said, the New York Unified Court System has internal case management guidelines that aim for resolution within approximately one year. These are guidelines, not guarantees. Court calendars, judicial availability, and case complexity all affect timing.
Uncontested divorces generally take 3–6 months after proper filing, though delays are common depending on county backlog.
Contested divorces often take a year or longer, depending on disputes, motion practice, discovery, and court availability.
HOW MUCH DOES AN UNCONTESTED DIVORCE COST IN NEW YORK?
Uncontested divorce (New York reality- based on my coverage only)
In New York City, many firms charge:
$3,000 on the very low end
$5,000–$10,000 is common
$12,000+ at larger firms, even for “simple” matters
In surrounding counties (including places like Orange County):
Fees are often lower, but still commonly $2,500–$7,500
HOW EXPENSIVE IS A CONTESTED DIVORCE IN NEW YORK?
Contested divorces are expensive. However, planning matters. Experienced attorneys focus on narrowing disputes early and avoiding unnecessary motion practice. Lack of structure—not the law itself—is what drives costs.
WHAT IF I CAN’T AFFORD A DIVORCE LAWYER?
New York provides free and low-cost legal resources, typically administered at the county level. Eligibility depends on income and circumstances. Start with your local county bar association or legal aid organizations.
DO I FILE FOR A DIVORCE IN FAMILY COURT (NY) ?
Family Court does not dissolve marriages. It commonly handles:- Child custody and visitation- Child support- Spousal support between married spouses (before divorce)- Paternity cases- Family offense petitions (Orders of Protection)- Enforcement or modification of existing support orders- Post-divorce child-related issues (in many cases)
Family Court is often used by unmarried parents, married couples who are separated but not divorcing, and individuals needing quick court access.
WHAT SUPREME COURT HANDLES IN NEW YORK DIVORCES
Supreme Court is the only court that can:- Grant a divorce- Divide marital property and debt- Decide spousal maintenance as part of a divorce- Decide custody and child support within a divorce- Enforce or modify divorce judgments and settlement agreements
If you are married and seeking to end the marriage, your case ends here.
WHY THE DISTINCTION FOR FAMILY COURT AND SUPREME COURT IN NEW YORK FEELS CONFUSING ?
New York uses concurrent jurisdiction. Orders of Protection often start in Family Court. Once a divorce is filed, related matters may be transferred or consolidated. Some judges serve as both Family Court judges and Acting Supreme Court justices.
THE SIMPLEST WAY TO REMEMBER IT
Ending the marriage → Supreme Court
Support or custody only (no divorce yet) → Often Family Court
Orders of protection → Usually Family Court first
Divorce plus custody/support → Supreme Court
Post-divorce child issues → Often Family Court, sometimes Supreme Court
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.