New York Petition for Divorce

In New York a Petition for Divorce is a legal document that when filed with the appropriate circuit court initiates a dissolution of marriage proceeding with the court.

The petition must be filed with the circuit court in the County where either spouse has resided for at least 90 days. In order to file a petition for divorce in New York either spouse must have been a resident of New York for at least six months.

A petition for divorce does not legally end the marriage. In order to finalize and complete a divorce a judge must sign a Final Judgment for Dissolution of Marriage at any time before the judge signs the Final Judgment a Petition for Dissolution may be withdrawn by the spouse who filed the Petition with the court. Except in cases of domestic violence, no judge can sign a Final Judgement for Dissolution of Marriage until at least 20 days has passed from the time the Petition was filed with the court.