Is there a waiting period for divorce in New York?
No, not in the sense other states mean. New York does not make you wait a set number of days after filing before a judge can sign. What it does require is that, for a no-fault divorce, the marriage has been irretrievably broken for at least six months before you file, which one spouse states under oath. After filing, the other spouse has 20 days to respond if served in person in New York, or 30 days otherwise, and then the papers go to a judge. How long the judge takes depends on the county’s backlog, not on a statutory clock.
Where the time actually goes
People expect a legal waiting period and find a court queue instead.
- Six months before filing. The no-fault ground, Domestic Relations Law §170(7), requires that the relationship has broken down irretrievably for a period of at least six months. It is a condition of the ground, not a wait after filing.
- Time to respond. A defendant served inside New York has 20 days to answer; served elsewhere, 30 days. If they sign the affidavit of defendant agreeing to the divorce, there is nothing to wait for.
- Residency. Separate from waiting periods: at least one of you must meet New York’s residency rule, usually one or two years, before a New York court can take the case.
- The court’s part. Once the uncontested papers are submitted, a judge reviews and signs them. That has taken from a few weeks to several months depending on the county and the year; nobody can promise a date.
- With mediation. The agreement is usually reached in two to three sessions over a few weeks. The attorney included in the flat fee files the uncontested papers; from there the timing is the court’s.
No-fault ground: Domestic Relations Law §170(7). Time to answer: CPLR 320 and 3012. Residency: Domestic Relations Law §230.