Skip to content
Oakclause

Divorce Waiting Period in New York

In New York, a no-fault divorce is available when the marriage has broken down irretrievably for at least 6 months, without a separation period; living apart for 6 months under a separation agreement or judgment is another ground.

Last checked . General information, not legal advice.

New York at a glance

Separation required
No
Irretrievable breakdown for at least 6 months is a ground with no separation period. Living apart 6 months or more under a written separation agreement or judgment is an alternative ground.

Sources

Last checked

The rules in New York

Do spouses have to live apart before a no-fault divorce in New York?

Separation required in New York: No. Irretrievable breakdown for at least 6 months is a ground with no separation period. Living apart 6 months or more under a written separation agreement or judgment is an alternative ground.

Where do the New York divorce waiting periods come from?

The rules above come from N.Y. Dom. Rel. Law 170. Each source is linked on this page. We last checked them in October 2026.

Good to know

A judgment on irretrievable breakdown is not granted until property, support, fees and child custody issues are resolved or decided by the court.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.