How to File for Divorce in New York City Supreme Court

A person can file for divorce based on seven different grounds in New York. The grounds for filing an uncontested divorce in New York are typically what's called "no-fault" grounds. This means that the relationship is "irretrievably broken" and has been for a period of at least six months. If you would like to file for a no-fault divorce in New York City Supreme Court, you will need to follow court procedure.

• 1

  Satisfy the residency requirements. Either you or your spouse must have been living in New York for two years continuously; the requirement is continuously for one year if your marriage ceremony took place in New York. If you don't satisfy those requirements, you may meet others. The New York State Unified Court System website and the Supreme Court Clerk's Office have a list of how the residency requirement can be met.

• 2

  Have grounds for divorce. Grounds are legally acceptable reasons for why you want a divorce. To file for an uncontested divorce, your grounds will likely be "irretrievable breakdown." You can visit the New York State Unified Court System website for additional reasons, or visit your nearest county court to have a court clerk assist you.

• 3

  Fill out the necessary papers. You will need to fill out a number of forms to file for a divorce; these include a summons, a complaint and affidavits. The Supreme Court Clerk's Office has a divorce packet available, or you can access it online. The packet gives step-by-step instructions as to which forms you'll need and how to fill them out.

• 4

  Pay the filing fees. Certain steps of the divorce process require a fee. For example, to start the divorce, you will need to purchase an index number. A list of these fees is in the divorce packet, which you can view online or through the Supreme Court Clerk's Office. The divorce packet has detailed information about all the fees associated with your particular case.

• 5

  Place your divorce case on the court calendar. Assuming you and your spouse are in agreement, after your spouse has been served the summons you can place your divorce case on the court calendar immediately. In order to complete this step, you will need to file certain forms with the court clerk. Once the court clerk receives the forms, your divorce hearing will be scheduled. Upon final judgment, either you or the clerk will have to file the certificate with the County Clerk's Office. The clerk will let you know how to file and make you a certified copy.