Can A Divorce Be Denied In New York?

Written by Yonatan Levoritz on July 8, 2025

Many clients ask, “Can a divorce be denied in New York?” While it doesn’t happen often, the answer is yes. A judge can deny a divorce if key legal requirements—such as proper service, valid grounds, or jurisdiction—aren’t fully met.

At The Levoritz Law Firm, we work proactively to identify potential issues early on and ensure every document, deadline, and requirement is handled with precision to keep the case on track and moving forward.

Can a Judge Deny a Divorce in New York?

Yes, a judge in New York has the authority to deny a divorce petition when legal conditions are not satisfied. While uncommon, denials generally occur due to specific procedural or substantive failures. Since divorce is legal, all statutory elements—such as grounds, documentation, and jurisdiction—must be fully met.

Courts do not reject petitions without cause. Denials often arise from deficiencies like incomplete or incorrect paperwork, lack of adequate evidence, or a respondent invoking legally valid defenses that challenge the claims in the petition.

What Happens If a Court Does Not Grant a Divorce?

The marriage remains legally intact if a judge refuses to grant the divorce. This outcome can delay or derail important property division, child custody, or remarriage plans. A denied petition usually means the court found a procedural flaw or unmet legal threshold. This puts the burden back on the petitioner to resolve the problem, which can involve correcting paperwork, gathering more documentation, or asserting alternative grounds for divorce.

Common Reasons a Divorce Might Be Denied in New York

Though rare, here are the most common reasons why a divorce may be denied in New York courts.

Technical or Procedural Issues

Failure to properly complete forms, serve papers, meet filing deadlines, or appear in court can result in a divorce being denied. New York divorce proceedings are governed by strict procedural rules that leave little room for error. Even minor administrative oversights—like incorrect financial disclosures or improper notarization—can cause the court to reject a petition.

If one party doesn’t follow through on required actions or fails to respond within mandated timeframes, the court may dismiss or postpone the case indefinitely until compliance is achieved.

Defenses to Adultery

New York allows for both fault-based and no-fault divorces. When one spouse alleges adultery as a ground for divorce, the other party has the opportunity to present valid legal defenses that may prevent the divorce from being granted. These defenses can include:

• Procurement: where one spouse encouraged or facilitated the adultery.
• Condonation: when the accusing spouse resumed sexual relations after learning of the infidelity.
• Expiration of the statute of limitations and recrimination: when both spouses are found to have committed adultery, canceling each other’s claims.

If any of these defenses are convincingly demonstrated in court, a judge may deny the divorce on those grounds despite the initial proof of adultery.

Grounds for Divorce Not Met

New York offers both no-fault and fault-based divorce options. In a no-fault divorce, you don’t need to prove your spouse committed any wrongdoing—instead, you must show that the marriage has been irretrievably broken for at least six months.

Fault-based divorces, however, are more complex. If you allege adultery, abandonment, or cruel and inhuman treatment, you must provide credible evidence. The opposing party may challenge these claims or raise defenses, and if the court finds the evidence lacking, it can deny the divorce.

Other Legal Barriers

If the parties have not lived separately for the time required under certain postnuptial or settlement agreements, or if one spouse lacks the legal capacity to participate in the proceedings, such as due to mental incapacity without a legal guardian or representative, the court may choose to delay or deny the petition.

Furthermore, if the proposed divorce terms are excessively one-sided, unconscionable, or contrary to public policy, a judge may intervene to protect the rights and interests of both parties.

Are There Counseling or Waiting Requirements in NY?

Unlike some states, New York does not mandate counseling or enforce a formal waiting period before a divorce can be finalized. That said, judges sometimes recommend counseling, especially in cases involving children. And while no mandatory wait time exists, contested divorces can drag on for months or even years if unresolved issues remain.

The New York State Bar Association states that uncontested divorces can be finalized more quickly, provided both parties cooperate and all legal criteria are met.

International Divorce: Cross-Border Considerations

Divorces involving international marriages or foreign spouses introduce additional legal and logistical challenges. Issues such as jurisdiction, recognition of foreign marriage or divorce documents, and compliance with international service of process laws must be carefully addressed. In New York, a court may deny or delay a divorce petition if it lacks jurisdiction over an out-of-country spouse or if that spouse was not served per international law.

For example, if a spouse living abroad is not adequately served with legal notice through accepted diplomatic or treaty-based channels, it can violate due process. In such instances, the court will likely postpone or reject the case until the international notification procedures are correctly fulfilled.

How a Divorce Attorney Can Help You Avoid Delays

A denied divorce can feel like a significant setback, especially when emotions are high and logistical issues are already present. Working with an attorney ensures your filings are complete, accurate, and aligned with court expectations. At The Levoritz Law Firm, we guide clients through each step to help prevent delays, address potential challenges, and ensure the process moves forward.

Our role is to anticipate procedural, evidentiary, or interpersonal complications and navigate them effectively. Whether your case involves contested grounds, cross-border issues, or simply requires experienced guidance through complex paperwork, we help you stay in control of the process.

Need Legal Help With Your Divorce in NY? Contact The Levoritz Law Firm Today

Legal roadblocks such as denied petitions or contested filings don’t have to derail your divorce. At The Levoritz Law Firm, we work closely with clients across New York City to resolve complications efficiently and with care. Our team addresses procedural setbacks, jurisdictional issues, and other legal challenges head-on.

Call us today at (718) 942-4004 or contact us online to schedule a confidential consultation and take the next step forward.