How Long Do You Have to Be Separated for Divorce in New York?
Amir Sadaghiani

Divorce is never an easy decision, but understanding the legal process can make things clearer. One of the most common questions people ask when considering divorce in New York is: “How long do I need to be separated before I can file?” The answer depends on the path you take to end your marriage.

No-Fault Divorce: The 6-Month Rule

Since 2010, New York has recognized “no-fault” divorce, which means you don’t need to prove wrongdoing by your spouse. Instead, you can simply state that the marriage has been irretrievably broken for at least six months.

  • You do not have to live separately during those six months.
  • Only one spouse’s sworn statement is required.
  • However, before the divorce is finalized, issues like property division, child custody, and financial support must be settled.

For many couples, this is the simplest and most straightforward path to divorce.

Separation Agreements: Living Apart for One Year

Another option in New York is to divorce after living separately for a full year under either:

  • A separation agreement: a written contract you and your spouse sign and file, or
  • A judgment of separation: a formal court order.

If you both live apart for 12 continuous months and follow the terms of your agreement or judgment, either spouse can then file for divorce. This route is less common today but may be useful in certain circumstances, especially if spouses want to separate first and finalize divorce later.

Other Grounds for Divorce

Aside from no-fault and separation-based divorces, New York law also allows divorce on fault grounds, such as:

  • Cruel and inhuman treatment
  • Abandonment (for at least 1 year)
  • Imprisonment (3 or more years)
  • Adultery

These do not require a specific separation period, but they often involve proving fault in court, which can be more complex.

Which Path Is Right for You?

  • Quickest option: No-fault divorce, with only a 6-month irretrievable breakdown period.
  • Separation-based divorce: Requires 1 year of living apart under a written agreement or court judgment.
  • Fault-based divorce: No waiting period, but usually more complicated.

Final Thoughts

In New York, you don’t necessarily need to be separated to file for divorce. If your marriage has been broken for six months and you can resolve all other issues, you can move forward without delay. But if you and your spouse prefer a trial period of separation, a one-year agreement-based divorce is also an option.

💡 Tip: Every situation is unique. If you’re considering divorce, consult a qualified New York family law attorney to understand which option fits your needs best. At Ostrer & Sadaghiani, our experienced team is here to guide you through every step of the process. Whether you're looking for a personal injury lawyer, DUI attorney, or divorce consultation, we are here in Goshen, New York, to assist you with compassionate and personalized legal support.