Answered by Our Attorneys

Is There a Waiting Period for Divorce in New York? The Uncontested Timeline, Stage by Stage

By Pieter G. Weinrieb, Esq. · Admitted NY 2005 · 42-hour certified family and divorce mediator · Published September 24, 2026

The short answer

No. New York has no statutory waiting period, separation requirement, or cooling-off period before a divorce can be granted. The “six months” people ask about is the no-fault look-back in DRL §170(7): the marriage must have been broken down for at least six months as of the day you file, and that clock has usually run long before anyone calls a lawyer. What takes time is the court. An uncontested divorce in Erie County typically takes 3 to 6 months from filing to a signed judgment, and it is final the day the judgment is signed and entered by the county clerk.

Where the “Waiting Period” Idea Comes From

Many states make you wait: a 60-day or 90-day period after filing, or six months or a year of living apart before you may even file. New York does neither. When the Legislature added no-fault divorce in 2010, it wrote the six months into the ground itself. One spouse swears that the relationship has broken down irretrievably for a period of at least six months. Measured from the filing date, looking backward. If your marriage has been over since spring, the six months are satisfied and there is nothing to wait for.

The only true “one year” rules in New York attach to two fault grounds nobody needs anymore: living apart for a year under a separation judgment or a written separation agreement (DRL §170(5) and (6)). If you were planning to separate first so you would qualify for a divorce, you do not have to. You can file on no-fault now.

What people experience as a waiting period is the sequence of steps that follows filing, plus the time a judge takes to review the papers. That sequence is the court’s schedule, and you can shorten it by getting the paperwork right the first time.

The Uncontested Timeline in Erie County

These are planning figures from our own cases at Erie County Supreme Court, 25 Delaware Avenue in Buffalo. Niagara County (175 Hawley Street, Lockport) runs on a similar rhythm.

Before filing: reach full agreement (weeks 1 to 4, sometimes longer). Uncontested means every issue is settled in writing before the judge sees the case: property and debt, spousal maintenance, child support under the CSSA, custody and a parenting schedule, health insurance, and who pays what. This is the part that actually determines how long your divorce takes. Couples who arrive with the numbers agreed are done in three months; couples who are still negotiating the house are not uncontested yet, whatever they call it.

Filing (day 1). The plaintiff buys an index number from the county clerk ($210) and files a summons with notice or a summons and verified complaint through NYSCEF. The filing date is the commencement date: it fixes the cutoff for marital property and starts the automatic orders. It is also the date the six-month look-back is measured from.

Service (within 120 days, usually the first week). The summons must be personally delivered to your spouse (DRL §232; CPLR §306-b). In a cooperative case this is a formality, and the defendant can accept the papers and sign an affidavit acknowledging them. Certified mail alone is not valid service in a matrimonial action.

The defendant’s response (20 to 30 days). A spouse served in New York has 20 days to respond; a spouse served elsewhere has 30. In an uncontested case the defendant does not file an answer. Instead the defendant signs an affidavit of defendant (form UD-7) stating that they consent to the divorce and will not contest it, and files a notice of appearance. That affidavit can be signed the same week as service, which is why the response window rarely adds time.

Assembling the judgment package (weeks 4 to 10). The plaintiff’s attorney prepares the affidavit of plaintiff, the sworn statement of removal of barriers to remarriage if you were married in a religious ceremony, the child support worksheet if there are children, the settlement agreement, findings of fact, and a proposed judgment of divorce, and files a note of issue ($30) and a request for judicial intervention ($95). Total court fees come to about $335. Every figure in the papers has to match the agreement and the CSSA worksheet; a mismatch is the single most common reason the court sends the file back.

Judicial review (60 to 90 days in Erie County). The package is assigned to a matrimonial judge, who reviews it in chambers. There is no hearing and no court appearance. If something is missing or inconsistent, the court issues a deficiency letter and the file goes to the back of the line once the correction is submitted. If the papers are clean, the judge signs the judgment of divorce.

Entry and notice (days to two weeks). The signed judgment is entered by the county clerk, which is the moment the divorce becomes final. A notice of entry is served on the other side, and you can obtain certified copies. Total elapsed time from filing to entry in a clean case: about 3 to 6 months, and rarely under 90 days, because the judicial review alone takes most of that.

When Is the Divorce Actually Final?

When the judgment of divorce is signed by the judge and entered by the county clerk. Not when you file, not when your spouse signs the affidavit, and not when the settlement agreement is executed. Until entry you are still married: you cannot remarry, and the automatic orders on property and insurance remain in effect. After entry, the settlement agreement lives on as a contract incorporated into the judgment, which is what gives it force for years afterward.

How long the judge takes to sign depends on the review queue. In Erie County the honest answer is two to three months after a complete package is filed, and any deficiency letter restarts that period.

What Slows an Uncontested Divorce Down

A settlement agreement that leaves something out, most often the parenting schedule for holidays or who claims the children on taxes. A child support figure that does not match the CSSA worksheet, or an agreement that deviates from the guideline without the recitals the law requires. A retirement account divided in the agreement with no QDRO in the package. A spouse who cannot be found for service. A name-change request that does not match the identification on file. Each of these costs a deficiency letter, and each deficiency letter costs 60 to 90 days.

What Happens After the Papers Are Served

In an uncontested case: your spouse signs the affidavit of defendant and notice of appearance, the attorney assembles the judgment package, and the case goes to the judge. In a case that turns out to be contested: your spouse files an answer within the 20- or 30-day window, a request for judicial intervention brings the case before a judge, a preliminary conference is held within 45 days of the RJI (22 NYCRR §202.16(f)), and the case moves into financial disclosure and negotiation. Our full New York divorce timeline covers the contested path stage by stage.

Frequently Asked Questions

Is there a waiting period for divorce in New York?

No. New York has no statutory waiting period, cooling-off period, or required separation before a divorce can be granted. The six months in DRL §170(7) is a look-back measured at filing: the marriage must already have been broken down for at least six months. The only delay after filing is the court's own processing time.

How long does an uncontested divorce take in New York?

About 3 to 6 months from filing to a signed and entered judgment in Erie County, assuming the settlement agreement is complete and the paperwork is consistent. Judicial review of the package alone takes 60 to 90 days, so an uncontested divorce is rarely final in under 90 days.

How long does it take for a judge to sign a divorce decree in NY?

In Erie County Supreme Court, most complete uncontested packages are reviewed and signed within 60 to 90 days of filing the note of issue. A deficiency letter for missing or inconsistent papers restarts that period once the correction is submitted.

When is a divorce final in New York?

When the judgment of divorce is signed by the judge and entered by the county clerk. You remain married, and the automatic orders remain in effect, until that entry date. You may remarry only after the judgment is entered.

Do you have to be separated for a year to get divorced in New York?

No. The one-year separation rules apply only to the living-apart grounds in DRL §170(5) and (6), which almost no one uses today. Under the no-fault ground you can file as soon as the marriage has been broken down for six months, with no separation required.

What happens after divorce papers are served in New York?

The spouse who was served has 20 days (served in New York) or 30 days (served elsewhere) to respond. In an uncontested case they sign an affidavit of defendant and a notice of appearance rather than an answer, and the case proceeds on paper to the judge. If they file an answer contesting any issue, the case becomes contested and moves to a preliminary conference and financial disclosure.

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About the author

Pieter G. Weinrieb, Esq. has practiced divorce and family law in Western New York for more than 20 years. Admitted to the New York State Bar in 2005, he holds a J.D. from Pace Law School and an M.A. in Humanities from SUNY Buffalo, is a 42-hour certified family and divorce mediator, and serves on the Attorney for the Child panels in Erie and Niagara Counties. He founded Weinrieb Law in Williamsville in 2011. Read his full bio.