How to File Divorce Papers in New York - Before filing for divorce in New York, ensure you meet the residency requirements. Either you or your spouse must have lived in New York for at least one year before filing, and this must have happened before starting your divorce case. New York allows for both fault-based and no-fault grounds for divorce. No-fault divorce is based on the marriage being "irretrievably broken" for at least six months, while fault-based grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery. Obtain the necessary forms for filing for divorce in New York. These forms can vary depending on whether your divorce is contested or uncontested. -......See More