Divorce Guide in New York from a Turkish lawyer

In New York, at least one spouse must have lived in the state for a minimum of one or two years to file for divorce. If the spouses agree on everything, the process can be completed in a few months and the court filing fee starts at $335. This guide, provided in Turkish by Caglar & Associates, PLLC, was prepared with the contributions of founding attorney İbrahim Furkan Çağlar. It explains in plain language how property division, alimony, custody, and divorce decrees are recognized between Turkey and New York.Caglar & Associates, PLLCIt was prepared with the contributions of founding attorney İbrahim Furkan Çağlar. It explains in plain language how property division, alimony, custody, and divorce decrees are recognized between Turkey and New York.

Briefly: 7 Key Facts About Divorce in New York

Divorce cases in New York are filed in the state’s general jurisdiction court, the New York Supreme Court. If one spouse has lived in New York for at least two years, a case can be filed; in some circumstances one year may suffice. Being married in Turkey does not bar you from divorcing in New York. You do not need to prove your spouse’s fault to obtain a divorce. It is enough to swear that the marriage has been irretrievably broken for at least six months. In a contested divorce, the filing fee paid to the court is at least $335. A divorce decree issued in New York is not automatically valid in Turkey; a separate application is required to record it in the civil registry. A divorce decree obtained in Turkey following proper procedure is generally recognized in New York; no separate registration is needed.

Who can file a divorce case in New York?

To file a lawsuit, one spouse must have lived continuously in New York for a certain period immediately before the filing date (New York Family Law, Domestic Relations Law § 230). Any one of the following situations suffices:

One spouse has lived in New York for at least two years. One spouse has lived in New York for at least one year and, in addition, one of the following applies: the marriage was performed in New York, the spouses lived together as a married couple in New York, or the event that led to the divorce occurred in New York. If the event that led to the divorce occurred in New York and, at the time of filing, both spouses reside in New York.

Can couples married in Turkey divorce in New York?

Yes. If you meet any of the above conditions, it does not matter whether your marriage took place in Turkey or another country.

Is a reason required to obtain a divorce?

No, you do not need to prove your spouse’s fault. Today the most common route in New York is a no‑fault divorce. For that, it is sufficient for one spouse to swear that the marriage has irretrievably broken down for at least six months (irretrievable breakdown) (section 170/7).

The only condition is: before the judge issues a divorce decree, matters such as asset division, alimony, custody, and child support must be resolved either by agreement of the spouses or by court order.

The law also includes fault‑based grounds such as adultery, abuse, or abandonment for longer than one year. However, these grounds are now used less frequently.

How is a negotiated divorce carried out in New York?

If the spouses agree on the divorce and all its outcomes, the case proceeds as an "agreed" or "uncontested" divorce (uncontested divorce). This is the fastest and least expensive route. The steps are as follows:

1. File is opened. The spouse filing the case (plaintiff) applies to the clerk’s office of the county where they reside, obtains a case number (index number), and submits the summons. 2. Service is performed on the other spouse. The case documents must be delivered to the other spouse (defendant) within 120 days after filing. The filing spouse cannot deliver the documents themselves; someone over 18 must do it. 3. The other spouse either approves or a period is awaited. If the other spouse signs an Affidavit of Defendant, the process speeds up. If no response, usually 40 days are waited after service. 4. Documents are presented to the judge. The divorce agreement, required forms, and a form indicating the file is ready for judgment (Note of Issue) are submitted to the court. 5. The judge signs the decision. If there are no deficiencies in the documents, the judge signs the Judgment of Divorce. When the decision is recorded in the clerk’s office, the divorce becomes final.

In many counties, documents are filed electronically via the NYSCEF system. Applicants without attorneys can also file on paper.

What happens if spouses cannot agree?

If spouses cannot agree on divorce itself, on property, alimony, or children, the case becomes a "contested divorce" (contested dissolution). This process is longer and more costly:

A case is filed with a court (Request for Judicial Intervention, abbreviated RJI). Within 45 days after filing, the first hearing (preliminary conference) is held. The spouses provide statements of net worth at this stage. The parties request documents and information from each other (discovery). This phase is typically completed within six months. If no agreement is reached, the case proceeds to trial and the judge issues a decision. Contested divorces can take more than a year. Many couples settle during this process and the divorce ends as an uncontested one.

How long does a divorce take in New York and how much does it cost?

In an uncontested divorce, the court fees are at least $335: $210 for the case number and $125 for the Note of Issue. Uncontested divorces usually take several months; the exact time depends on the court's docket. Contested divorces can exceed a year.

When is the fee paid? Case number (Index Number) $210; filing the Note of Issue when opening the case $125; in an uncontested divorce, filing the Request for Judicial Intervention (RJI) $95; in a contested divorce or when court intervention is needed, the Note of Issue (if RJI was prepaid) $30; in a contested divorce, when the case is ready for hearing, filing a motion $45.

For each request

These amounts do not include attorney fees, summons, translation, and notary expenses.

Are you unsure whether your case will proceed cooperatively or contentiously?Speak in Turkish with Caglar & Associates, PLLC: +1 646-874-3575 ·caglarpllc.com

How are assets divided in a divorce?

In New York, assets are not automatically divided in half; they are distributed in an equitable manner (equitable distribution, Article 236/B). The judge first looks at which group each asset falls into:

Marital property: Assets acquired during the marriage, regardless of whose name they are registered in. For example, a house bought during the marriage, money saved from a salary, and retirement savings accumulated during the marriage. These are divided. Separate property: Assets owned before marriage, inheritances, and gifts. These remain with their owner.

When making the division, the judge considers the length of the marriage, the spouses’ ages and health, future earning potential, and situations such as losing health insurance through divorce. If the spouses reach an agreement, they can determine the division themselves.

How is spousal maintenance calculated?

In New York, spousal maintenance is calculated using a statutory formula based on the incomes of both spouses. From 1 March 2026, the formula applies to the first $241,000 of the paying spouse’s annual income; the previous ceiling was $228,000. For income above that ceiling, the judge may exercise discretion. The ceiling is adjusted for inflation every two years.

The duration of post‑divorce spousal maintenance depends on the length of the marriage. The advisory table in the law is as follows:

Marriage duration Alimony duration (percentage of marriage duration) Example up to 15 years %15–30

Approximately in a 10-year marriage

1.5–3 years

More than 15 years, up to 20 years %30–40

Approximately in an 18-year marriage

5.4–7.2 years

over 20 years, 35–50%

in a 24-year marriage, approximately

8.4–12 years

During the proceeding, temporary maintenance may also be requested.

How is child custody and alimony determined?

In custody decisions, the fundamental standard of New York courts is the 'best interests of the child' (best interests of the child). The judge looks at the child's age, the relationship with each parent, school and living arrangements, and the parents' ability to care for the child. Custody can be joint or sole. The child's visitation schedule with the other parent is also part of the decision.

Child support (known in Turkey as 'iştirak nafakası') is calculated using the fixed rates in the law called the Child Support Standards Act. The incomes of both parents are summed after certain statutory deductions, and the following rates are applied based on the number of children:

Number of children

Percentage taken from total income

1 %17 2 %25 3 %29 4 %31 5 and above at least %35

From March 1, 2026, these rates apply to the first $193,000 of the parents' combined income; the previous cap was $183,000. The resulting amount is divided between the parents in proportion to their incomes. Childcare, health insurance, and certain educational expenses are added to this amount. In New York, child support is generally paid until the child turns 21.

If my spouse is in Turkey, can I get a divorce in New York?

Yes. Even if your spouse lives in Turkey, if you meet the residency requirement you can file the lawsuit in New York. However, it is essential that the court documents be served to your spouse in accordance with the rules (service of process).

Turkey and the United States are parties to the Hague Service Convention, which governs service of process abroad. Service of process to a spouse in Turkey is, by rule, carried out through the Ministry of Justice, and the documents must include a Turkish translation. Direct mailing does not substitute for that procedure. If the rule is not followed, the service is deemed invalid and the lawsuit is delayed.

If your spouse agrees to an amicable divorce, the process can move much more smoothly. In that case, how the documents to be signed in Turkey will be approved must be planned from the outset.

"A single procedural error in the service of process to a spouse in Turkey can push the lawsuit back by months. Planning the translation and mailing steps before filing the case greatly reduces that risk."

— Attorney İbrahim Furkan Çağlar, Caglar & Associates, PLLC

Will a divorce decree issued in New York be valid in Turkey?

It does not happen on its own. If the decision is not communicated to Turkey, you will continue to appear married in the population registry. This situation may cause problems in remarriage, inheritance and land registry procedures in Turkey. There are two ways for the decision to be processed in Turkey:

1. Administrative route (without filing a lawsuit): If both spouses apply together, either personally or through a special power of attorney, to the Turkish consulate or the population directorate in Turkey, the finalized decision can be entered directly into the population register (Law No. 5490 on Population Services, Article 27/A). 2. Judicial route (recognition case): If one spouse does not participate in the application or if the conditions of the administrative route are not met, a recognition case is filed in a family court in Turkey.

In both cases, an approved example of the decision issued in New York and an apostille certificate for this example are required. An apostille is an endorsement that makes the document valid abroad and is issued by the New York Department of State. A Turkish translation of the documents is also requested.

"New York's decision does not automatically reflect in Turkey. Initiating the steps in Turkey at the moment of divorce prevents future problems that could arise in remarriage or inheritance procedures."

— Av. İbrahim Furkan Çağlar, Caglar & Associates, PLLC

Does a divorce decree issued in Turkey become valid in New York?

Generally yes. New York recognizes divorce decrees issued in foreign countries under the principle of international comity. A divorce decree that has been lawfully issued and finalized in Turkey is generally considered valid in New York as well.

There is no separate registration process for foreign divorce decrees in New York. The decree is examined when it needs to be applied, such as when remarrying or in a lawsuit. The main points that courts look at are:

Both parties must have been properly notified in accordance with procedural law. The other spouse must have participated in the action or accepted the jurisdiction of the Turkish court; for example, they must have appeared at the hearing, been represented by counsel, or signed the settlement protocol. The decree must be free of fraud and must not contravene New York's fundamental legal principles.

In a consensual divorce in Turkey, the judge hears both spouses personally, so these conditions are usually met. Conversely, a decree obtained without the other spouse’s knowledge and without proper notification may not be recognized in New York.

Custody, alimony, and property division provisions

Custody: New York treats foreign countries in custody matters as it does any U.S. state. If a Turkish court issues a custody order largely in accordance with New York's jurisdictional rules, the order is recognized and enforced in New York (section 75‑d). Child support: Turkey and the United States are parties to the 2007 Hague Child Support Convention, which governs international support collection. Child support awarded in Turkey can be recognized and collected in the U.S. under that convention. Property division and other monetary matters: These are evaluated separately from the divorce itself. New York's law recognizing foreign monetary orders has not covered family‑law decisions since 2021. For example, in September 2026 a New York court recognized a divorce granted in England but postponed the decision on the financial portion until the London proceedings concluded.

Documents required to use a Turkish divorce decree in New York

1. Certified copy of the divorce decree with a notarization seal 2. Apostille stamp obtained in Turkey 3. English translation of the decree

New York offices issuing marriage licenses usually require a notarized translation. The immigration agency USCIS, on the other hand, requires a translation that includes the translator’s statement of accuracy. These documents are especially needed when remarrying in New York and when proving the termination of a prior marriage in green‑card or citizenship applications.

When a divorce case is pending in Turkey, filing a case in New York can lead to conflicting rulings in the two countries. The jurisdiction of the case should be planned from the outset.

Does divorce affect my green card?

For those who obtained a two‑year conditional green card through marriage, divorce is significant, but it does not automatically mean deportation. The I‑751 form to remove the conditions is normally filed jointly with the spouse. In the event of divorce, the immigrant spouse can file this application alone under a good‑faith marriage waiver.

To do this, you must prove that the marriage is genuine with documents; for example, a joint lease agreement, a joint bank account, tax returns, and photographs. The divorce decree is also added to the application; if a lawsuit is ongoing, it is submitted when the decision is issued. Because immigration and divorce processes affect each other, it is recommended to plan both together.

"In conditional green card holders, divorce and immigration files should be considered together. Losing the documents that prove the marriage is genuine during the divorce process directly affects the I-751 application."

— Attorney İbrahim Furkan Çağlar, Caglar & Associates, PLLC

Frequently Asked Questions

If my spouse does not want to divorce, can I still get a divorce?Yes. In New York, a faultless divorce does not require the other spouse's consent. However, a divorce decree is not issued until property division, alimony, and child matters are resolved by agreement or court order.

Is hiring a lawyer mandatory?

No, it is not mandatory. However, the risk of making mistakes is high in cases involving asset division, alimony calculations, foreign service notices, and immigration-related files. Therefore, working with a New York divorce lawyer often saves time and money.

Can I find a Turkish-speaking divorce lawyer in New York?

Yes. Caglar & Associates, PLLC provides Turkish-language services in divorce and family law cases at its Manhattan office. For a consultation,+1 646-874-3575from the phone number or[email protected]You can reach us at the address.

How long does a consensual divorce take?

If the other spouse does not sign the sworn statement, usually 40 days are waited after service of summons. Then the judge must review the documents. The total duration is usually a few months and varies with the court's workload.

I don't know where my spouse is; what can I do?

An alternative service permission can be requested from the court. If the judge deems it appropriate, service can be carried out through other means such as a newspaper notice.

During the divorce, can I revert to my former surname?

Yes. The right to use your former surname can be added to the divorce decree.

After divorcing in New York, can I remarry in Turkey?

Yes, but first the New York decree must be recognized in Turkey and entered into the population registry.

Why work with a New York divorce attorney?

Divorce involves issues such as asset sharing, alimony formulas, overseas notification and immigration, which are interrelated. A small mistake in the forms can delay the process for months or lead to loss of rights. If one spouse is in Turkey or if a green card process is ongoing, it is important to plan these matters together from the start.

Caglar & Associates, PLLC is a law firm that provides services in family law and immigration law in New York. The office, headed by founding attorney İbrahim Furkan Çağlar, represents clients in matters such as consensual and contested divorces, asset division, alimony and custody, and communicates with clients in Turkish. It also provides support in issues that involve both divorce and immigration status, such as the impact of divorce on immigration status.

Caglar & Associates, PLLC Contact

Address:100 Church St, 8th Floor, New York, NY 10007Phone:+1 646-874-3575email: [email protected]Website:www.caglarpllc.com