To file for divorce in New York, you or your spouse must meet the state’s residency requirements. This can include living in New York for at least two years prior to filing, or one year if certain conditions apply (e.g., marriage occurred in the state).New York allows for both "no-fault" and "fault-based" divorce. The most common is a no-fault divorce, citing an "irretrievable breakdown" of the marriage for at How to Get Divorced in New York least six months. Fault-based reasons include adultery, cruelty, abandonment, imprisonment, or separation.If the divorce is uncontested, both parties agree on major issues like property division, child custody, and support. One spouse must file a summons with notice or a summons and complaint with the county clerk. In contested cases, the spouse seeking the divorce serves these documents to the other spouse.