How To File a Divorce in Rochester, NY? 2025

As filing for divorce can be a deeply complicated and emotional process, it is crucial to understand the steps involved to take control of the situation and minimize negative feelings. If you are asking yourself, “How to file a divorce in Rochester, NY?” it is crucial to have an understanding of the general divorce procedures, requirements, and regulations to navigate the process with confidence and clarity.

6 Steps to Filing for Divorce in Rochester, New York

While the process for filing for divorce in New York is dependent on the type of divorce that you are pursuing, there are some general steps that dictate the flow of the process. An experienced Rochester divorce attorney can help you understand what type of divorce may work for you based on key case details like your family dynamics, any contested issues at hand, and your marriage history.

1. Make Sure You Meet the Residency Requirements

To file for divorce in Rochester, either you or your spouse will need to meet the residency requirements. Residency requirements include showing either spouse has lived in the state of New York for at least two consecutive years before the date of filing. Or, that each spouse lived in New York for at least one continuous year before filing and you got married in New York, you lived together there as a married couple, or the grounds for divorce occurred in the state.

2. Determine Your Grounds for Divorce

In the state of New York, spouses are able to get both fault-based and no-fault divorces. A no-fault divorce can be filed if spouses can show their marriage has been irretrievably broken down for a period of at least six months. As a general rule, no-fault divorces tend to be more straightforward and less resource-exhaustive, therefore being a popular option for couples who are separating.

Fault-based divorces, on the other hand, involve divorces that must show one party was negligent, committing offenses like abandonment, adultery, cruel and inhuman treatment, or incarceration for a certain period of time. Fault-based divorces require robust evidence and typically involve more litigation.

3. File the Required Documents

For divorces taking place in Rochester, New York, the appropriate documents will need to be filed with the Monroe County Supreme Court. An experienced attorney can help you file a Summons with Notice or Summons and Complaint and, if applicable, a settlement agreement. They can also ensure you pay the required filing fee and submit everything accurately and on time.

4. Serve the Divorce Papers

After all required documents have been filed with the Monroe County Supreme Court, you will need to be sure to serve relevant legal documents to your spouse. The individual served the papers must be a verified third party who is older than 18, such as a sheriff or process server. After papers have been served, proof will need to be filed with the court.

5. Come to an Agreement on Key Divorce Issues

Before a court can finalize a divorce, both spouses will need to resolve key issues – such as those related to property division, spousal support, and child custody and support. These issues can be resolved through negotiation or mediation, or, if necessary, intervention of the courts.

6. Finalize the Divorce

After the spouses have resolved all issues related to the divorce, they will need to submit some final documents to be signed off on by the judge. If the courts decide that all key requirements for finalizing the divorce have been met, they will officially sign the judgment to mark the end of the marriage.

FAQs

What Are the Residency Requirements for Filing for Divorce in Rochester, NY?

The residency requirements for filing for divorce in Rochester, NY, require at least one spouse to have lived in NY for at least a year and for the marriage to have occurred in the state. If the marriage didn’t occur in NY, at least one spouse would have had to live for two consecutive years in the state. At the time of filing, at least one spouse will need to reside in NY. A divorce attorney can help ensure you meet all residency requirements to successfully file for divorce in Rochester.

What Types of Divorce Are Available in Rochester, NY?

The types of divorce available in Rochester, New York, include both fault-based and no-fault divorces. Filing for a no-fault divorce means that you must show that the marriage has had an irretrievable breakdown for a period of at least six months. Fault-based divorces, on the other hand, require citing reasons such as cruel and inhuman treatment, incarceration for a certain period of time, abandonment, or adultery.

How Do I Start the Divorce Process in Rochester, NY?

Starting the divorce process in Rochester, NY, is generally dependent on the type of divorce you are pursuing; however, it will generally begin with filing a Summons with Notice or a Summons and Complaint with the Monroe County Supreme Court. After filing these papers, you will need to serve the documents to your spouse. A compassionate attorney can help you file and serve the appropriate documents on time.

What Is the Difference Between Contested and Uncontested Divorce in Rochester?

In Rochester, an uncontested divorce happens when each party agrees on all relevant issues to the divorce, such as child custody, spousal support, and how property, such as shared businesses should be divided. A contested divorce, on the other hand, happens when both spouses disagree on one or more relevant issues to the divorce, which therefore requires mediation, negotiation, and court intervention.

What Happens If My Spouse Doesn’t Respond to the Divorce Papers?

If your spouse does not respond to your divorce papers within the required time period, you may be able to move toward a default judgment. This type of judgment allows courts to go through with the finalization of your divorce without the input of the other party. If your spouse is not responding promptly to the divorce papers, a dedicated divorce attorney can provide crucial support.

File Your Rochester, New York Divorce Quickly and Painlessly With a Family Lawyer

If you are interested in pursuing a divorce in Rochester, it is important to work with legal representation who has your interests at heart. A skilled divorce lawyer from Trotto Law Firm, P.C. can work closely with you to understand your needs, concerns, and goals during this challenging time. Based on this feedback, we can help you design and implement an optimal legal strategy to effectively navigate your divorce.

Contact us today to start discussing your legal options for your Rochester, New York divorce.