New York Divorce

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New York Divorce Records & Statistics

August		January - August
2004	2003	2004	2003	2002
5,000	3,581	40,030	42,386	44,071

Number (1,000)			Rate per 1,000 Population
1990	1995	1998	1990	1995	1998
57.9	56	45.8	3.2	3.1	3.1

New York Divorce Laws Summary

RESIDENCY: No time limit if the spouses were residents and grounds arose in N.Y.. 2 years if only 1 spouse resides in New York at the time of filing. 1 year if the marriage took place in N.Y and 1 spouse is still a resident; or both spouses resided in N.Y. and 1 is still a resident; or grounds for divorce arose in N.Y.. PROCEDURES: Summary divorce if: Living separate and apart under the terms of a judicial or agreed written, signed, and notarized separation agreement filed with the clerk of the county. Requires proof of performance of the terms of the separation agreement. Prior to 9/1/46, in an action for divorce the decision of the court or report of the reference was filed and an interlocutory decree was entered. In some instances the final judgment was entered automatically after the expiration of 3 months, and in other instances, action had to be taken (usually by the plaintiff) to have judgment entered within 30 days after the end of the 3-month period. If no such final judgment was entered, the marriage was never dissolved. After 8/31/46, and prior to 6/16/68, the interlocutory decree automatically became final after the expiration of 3 months without the formal entry of judgment unless for cause the court ordered otherwise in the interim. After 6/15/68, a divorce decree is effective immediately upon entry. An interlocutory decree entered between 3/16/68, and 6/15/68, became final on 6/16/68. Where the final judgment dissolving a marriage is entered prior to 9/1/67, the innocent party may marry again without restriction, but the party guilty of adultery is prohibited from marrying again during the lifetime of the spouse unless permission of the court is obtained 3 years following the date of the final judgment. A marriage entered into in New York in violation of this prohibition without the court's permission is void. (See GN 00305.160D.1.). However, a second marriage entered into in a State outside of New York after entry of the final decree even if with the express purpose of evading the New York restriction would be recognized as valid by New York and by other States, since this restriction has no extraterritorial effect. (See GN 00305.155 for validity of remarriage in States which have adopted the Uniform Marriage Evasion Act.) Prior to 9/1/67, New York also prohibited the party guilty of adultery from remarrying in that State for a period of 3 years following the divorce, even though the divorce was granted in another State. A marriage in New York within 3 years following the divorce was void even though such marriage was not prohibited by the divorce decree or by the laws of the State in which granted. However, if the marriage was entered into in another State, this provision of New York law had no application. After 8/31/67 (for benefits payable no earlier than 9/67), there are no restrictions on remarriage, whether the divorce decree was entered prior or subsequent to such date. However, this statute does not validate remarriages entered into prior to 9/1/67.

Divorce in New York

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New York Divorce Papers

New York Divorce Forms and Information