What Is the Waiting Period for Divorce in NY?
Quick Answer: NY has no mandatory separation period before filing for divorce. However, your ground must have existed for 6+ months, and spouse has 20-40 days to respond after service.
No Separation Requirement
Do NOT need to be separated before filing. Can file while still living together. Irretrievable breakdown only requires 6 months of problems, not 6 months apart.
Timeline After Filing
After service: Spouse has 20 days (personal service) or 30 days (mail service) to respond.
After response: 2-4 months for court processing and judgment.
Total: 3-6 months from filing to final.
Divorce Is Final When
Judge signs Judgment of Divorce. Effective immediately upon signing. No waiting period after judgment. Can remarry immediately.
If Using Separation Agreement
Must be separated under written agreement for 1 year before filing divorce based on that ground. Faster to use irretrievable breakdown instead.