Last updated 2026-07-09
TL;DR
New York's Unified Court System publishes all uncontested divorce forms free at nycourts.gov. The core packet is about 10 documents, including the Summons, Verified Complaint, Settlement Agreement, and Judgment of Divorce. Filing costs $210 at the county clerk. Most cooperative couples with no disputes can finish the paperwork themselves without a lawyer.
What divorce forms does New York actually require?
New York uses one standardized packet for uncontested divorces, and the state court system publishes every form free. There's no mystery here, just bureaucracy. The forms come from the New York State Unified Court System's Do-It-Yourself divorce program at nycourts.gov [1].
Here's the core packet for an uncontested divorce with no minor children:
| Form | Official Name | Purpose |
|---|---|---|
| UD-1 | Summons with Notice | Starts the case, notifies your spouse |
| UD-2 | Verified Complaint | States the legal grounds for divorce |
| UD-6 | Affidavit of Defendant | Spouse waives right to appear |
| UD-7 | Affidavit of Plaintiff | You confirm facts under oath |
| UD-9 | Findings of Fact / Conclusions of Law | Court's basis for granting divorce |
| UD-10 | Judgment of Divorce | The actual divorce decree |
| UD-11 | Part 130 Certification | Attorney or self-rep certification |
| UD-12 | Request for Judicial Intervention (RJI) | Assigns a judge to the case |
Have children under 18? Add Form UD-8 (Child Support Worksheet) and a Parenting Plan. Have marital property to divide? You need a Stipulation of Settlement (also called a marital settlement agreement) that covers every asset and debt. That agreement isn't technically a court form, but it must attach to your packet and get signed before a notary [2].
The full DIY packet also includes an Affidavit of Service, which proves your spouse got the papers. New York requires personal service on the defendant spouse unless that spouse signs the Affidavit of Defendant (UD-6) and waives formal service. Most uncontested divorces use the waiver route, because both spouses are cooperating anyway.
Where do you get New York divorce forms for free?
The New York State Unified Court System hands them out through two channels, both free. Start with nycourts.gov, which runs the DIY Uncontested Divorce program with fillable PDFs and instructions sorted by your situation (no kids, kids, with or without property) [1]. Your county clerk's office also keeps paper copies at the courthouse.
A few counties tack on local supplements. Nassau County and Suffolk County, for example, sometimes want a slightly different RJI cover sheet. Call your specific county clerk or check their website before you finalize the packet. The New York Courts Help Center (888-374-6723) can point you to county-specific requirements [3].
Legal aid organizations carry these forms too, and some will walk you through completion at no cost. New York Legal Assistance Group (nylag.org), Nassau Suffolk Law Services, and the Legal Aid Society all run divorce clinics [9]. Eligibility is income-based, but the blank forms themselves aren't gated behind any income limit.
Want pre-filled, court-accurate documents without the blank-PDF staring contest? DivorceClear's $149 document packet generates the completed NY forms from your answers to a guided questionnaire. That's a fair trade if your time has value or the instructions leave you cross-eyed.
Don't pay for blank forms alone. Any site charging $30 or $40 just to download the blank PDFs is selling you something the state gives away for nothing.
What are the filing fees for divorce in New York?
An uncontested divorce in New York costs $210 in index number fees, paid to the county clerk when you file your Summons [4]. That's the mandatory base fee in every county.
On top of the index number fee, budget for these:
| Fee Item | Amount |
|---|---|
| Index number (filing fee) | $210 |
| Note of Issue | $30 |
| County clerk processing (varies) | $0-$50 |
| Certified copy of Judgment | $6-$10 per copy |
| Sheriff/process server (if formal service needed) | $50-$150 |
| Notary (for affidavits) | $0-$25 |
Add the Note of Issue fee and a certified copy or two of the final Judgment, and total out-of-pocket for a cooperative uncontested divorce where both spouses sign the Affidavit of Defendant runs roughly $250 to $300 [4].
Can't afford the filing fee? New York lets you file a Poor Person Application (a fee waiver) under CPLR § 1101. The court waives fees if your income sits at or near the federal poverty guidelines. Get the form from the county clerk or at nycourts.gov [5].
Compare that to hiring out. A divorce lawyer in New York typically charges $300 to $500 an hour, and even a simple uncontested divorce with an attorney often runs $1,500 to $3,500 in legal fees on top of court costs. Doing it yourself keeps you at the court-fee floor.
How do you fill out the Verified Complaint (UD-2) correctly?
The Verified Complaint tells the court who is divorcing whom, where you live, when you married, and on what legal grounds. New York law lists seven grounds for divorce under Domestic Relations Law § 170 [6]. Nearly every uncontested divorce filed today uses the no-fault ground: "the relationship between husband and wife has broken down irretrievably for a period of at least six months," the exact language of DRL § 170(7), which New York added in 2010.
Filling out UD-2, step by step:
1. Caption block. Enter your county, your full legal name as Plaintiff, and your spouse's full legal name as Defendant. These names must match your marriage certificate exactly. 2. Residency. At least one spouse must have lived in New York continuously for two years before filing, OR both spouses were New York residents when the action begins and the grounds arose in New York, OR the marriage took place in New York and one spouse still lives here. DRL § 230 governs residency [6]. 3. Marriage facts. Date and place of marriage, and whether it was a civil or religious ceremony. 4. Children. List every child born of or adopted during the marriage, with names and dates of birth. Leave this blank if there are none. 5. Grounds paragraph. For no-fault, you state that the marriage has broken down irretrievably for at least six months and can't be repaired. 6. Relief requested. Check every box that applies: dissolution of the marriage, equitable distribution of property, spousal support (if claimed), custody and child support (if applicable). 7. Verification. Sign before a notary. The form is worthless without notarization.
The usual mistakes: names that don't match the marriage certificate, a vague residency allegation, and skipping relief boxes for things you actually want. A judgment can only grant what the complaint asked for, so be thorough here.
What goes into the Stipulation of Settlement (marital settlement agreement)?
The Stipulation of Settlement isn't a numbered UD form, but it's the document that decides how the rest of your life is divided. It's a binding contract between you and your spouse that resolves every open issue, and the court folds it into your Judgment of Divorce.
New York courts won't sign off on an uncontested divorce if any marital issue stays unresolved. "Uncontested" means everything is agreed, not that you have nothing to divide. So even with modest assets, you need a written agreement.
The agreement has to cover:
- Property division. Who gets the marital home (or how sale proceeds split), retirement accounts, vehicles, bank accounts, investments, and personal property. New York is an equitable distribution state under DRL § 236-B, meaning marital property is divided fairly, which is not the same as 50/50 [6].
- Debt allocation. Who pays which credit cards, mortgages, and loans.
- Spousal maintenance. Whether either spouse pays alimony, for how long, and how much. New York uses a formula under DRL § 236-B(6) as a starting point.
- Children. Legal custody, physical custody, parenting schedule, and child support run through New York's Child Support Standards Act (CSSA) formula [7].
- Health insurance. Who covers the children after the divorce, plus COBRA terms if a spouse loses employer coverage.
- Tax issues. Which parent claims dependents, and how you handle joint tax returns for the year you separate.
Both spouses sign the agreement before a notary. If either spouse signs under duress or without full financial disclosure, a court can later vacate the agreement. Honest, complete disclosure of assets protects both of you.
See our overview of divorce papers for a broader look at what these agreements need in any state.
How do you file New York divorce forms at the county clerk?
Once your packet is complete and notarized, you file with the county clerk where either spouse lives. Divorce in New York goes to the Supreme Court of the State of New York, which handles matrimonial cases even though the name sounds federal [1]. Not Family Court.
Here's the sequence:
1. Prepare your packet. Assemble the Summons (UD-1), Verified Complaint (UD-2), and any required attachments. Make two copies of everything, one for the clerk's file-stamped return and one for your records. 2. File and pay the index number fee. Hand the Summons and Complaint to the clerk with a $210 check or money order payable to the county clerk. You get an index number. Write it on every document after this one. 3. Serve your spouse. If your spouse already signed the Affidavit of Defendant (UD-6), attach it and service is done. If not, a process server or sheriff must personally deliver the Summons. Your spouse then has 20 days to respond if served in-state, 30 days if out-of-state [6]. 4. File the Affidavit of Service. Once service is complete, file proof with the clerk. 5. File the rest of the packet. After the defendant's response window closes (or UD-6 is in hand), file UD-7 (Plaintiff's Affidavit), UD-9 (Findings of Fact), UD-10 (Judgment of Divorce), UD-11 (Part 130 Certification), UD-12 (RJI), the Note of Issue, and your Stipulation of Settlement. 6. Pay the Note of Issue fee ($30). 7. Wait for judicial review. A judge reviews the packet. If everything checks out, the judge signs the Judgment of Divorce, and you get a conformed copy in the mail. Figure 4 to 12 weeks from complete filing to signed judgment, though some counties run faster [3].
Some counties now accept filing by mail. Check your county clerk's website. Manhattan (New York County) and Brooklyn (Kings County) both post mail-filing instructions online.
How long does an uncontested divorce take in New York?
Three to six months, filing to signed judgment, for a typical uncontested case in most New York counties. Some rural upstate counties move faster, sometimes eight to ten weeks. New York City counties (Manhattan, Brooklyn, Queens, the Bronx, Staten Island) often run longer, five to eight months, because of volume [3].
The timeline splits into two phases. The first is pre-filing: gathering financial documents, negotiating and drafting your Settlement Agreement, getting everything notarized, and assembling the packet. Cooperative couples who move fast do this in two to four weeks. Couples who stall on financial disclosure or fight about property take longer.
The second phase is the court's queue. Once your complete packet is filed, you wait for judicial review, and you have zero control over that clock. Calling the clerk to check status rarely helps; clerks are buried. Some counties post case status online.
What slows you down: missing documents (the clerk returns incomplete packets), notarization errors, a wrong index number on later filings, and forgetting to file the Note of Issue before you submit the final judgment packet.
What if there are children? Which additional forms do you need?
Add Form UD-8, the Child Support Worksheet, any time the marriage produced or adopted children under 21. New York's child support obligation runs to age 21, not 18, under Family Court Act § 413 [7].
The worksheet walks you through the CSSA formula: combine both parents' gross incomes, subtract certain deductions, apply a percentage based on the number of children (17% for one, 25% for two, 29% for three, 31% for four, 35% for five or more), then split the obligation between parents in proportion to their incomes. Run the numbers with our child support calculator to check your math before you lock anything into the agreement.
You also need a written Parenting Plan covering:
- Legal custody (decision-making for education, health, religion)
- Primary physical residence
- Parenting time, including holidays, school breaks, and summers
- Communication rules between parents, and between parents and child
- How future disputes get resolved (a mediation clause is a good idea)
New York courts look at whether the arrangement serves the child's best interests. In an uncontested case where both parents agree, courts almost always approve the plan unless something in it is plainly harmful. One catch: if your child support number dips below the CSSA formula, the agreement must state in writing why that deviation serves the child's best interest, or a judge can bounce the settlement [7].
Can you file New York divorce forms online?
Not in most counties. As of 2024, New York has no statewide online e-filing for matrimonial actions. The New York State Courts Electronic Filing system (NYSCEF) covers many civil case types, but matrimonial matters are excluded from mandatory e-filing in most jurisdictions under the rules of the Chief Administrative Judge [8].
A handful of counties have piloted limited e-filing for uncontested divorces. Check nyscef.ny.gov to see whether your county is enrolled for matrimonial e-filing right now. If it's not listed, you file in person or by mail.
What you can do online: download every fillable form from nycourts.gov, complete them on your computer, then print and sign. That's not e-filing, but it's the next best thing. Fillable PDFs are far easier to fix than handwritten forms, and clerks prefer them.
Some third-party services generate completed packets you download, print, and mail to the clerk. That's the DivorceClear workflow: you answer a questionnaire, the system fills the forms, you print and notarize.
What residency requirements must you meet before filing in New York?
New York's residency rules live in Domestic Relations Law § 230, and filing without meeting them gets your case dismissed [6]. Several paths qualify:
- Either spouse has lived in New York continuously for at least two years before filing.
- Either spouse has lived in New York for at least one year before filing AND the marriage took place in New York, OR New York was the marital home, OR the grounds arose in New York.
- Both spouses are New York residents on the date the action begins and the grounds arose in New York.
The two-year continuous route is the simplest, and it's what most people use. "Continuous" means you didn't move away for a year and come back; short trips don't break it.
Residency for divorce means domicile, your permanent home, more than a temporary address. If you live in New York and your spouse lives in another state, you can still file here as long as you meet one of the tests.
If neither spouse qualifies under New York's rules, file in the state where one of you does. Trying to file in New York anyway to chase a perceived advantage backfires. Courts catch it and dismiss the case, and you've burned time and money.
What mistakes get New York divorce packets rejected?
County clerks send back incomplete packets all the time. The most common errors, based on the New York Courts' own guidance for self-represented litigants [1]:
1. Index number missing from later filings. Every document after the Summons must carry the index number on page one. 2. Name inconsistencies. The names on the Complaint must match the marriage certificate. Nicknames and dropped middle names cause problems. 3. Unsigned or un-notarized affidavits. Both UD-6 and UD-7 need notarization. An affidavit signed but not notarized is worthless. 4. Missing Part 130 Certification. UD-11 must be signed by the plaintiff (or their attorney) certifying the pleadings aren't frivolous. Clerks return packets without it. 5. Incomplete Stipulation of Settlement. If the agreement leaves any marital issue open, the judge won't sign the judgment. Classic gap: forgetting retirement accounts or joint debt. 6. Child Support Worksheet math errors. Judges check the CSSA calculation. If the numbers don't add up, the packet comes back. 7. Wrong court. Some people file in Family Court by mistake. Divorces go to Supreme Court. 8. Check made out wrong. The index number check must name the specific county clerk, for example "Kings County Clerk," not "New York State."
Proofread against the nycourts.gov checklist for your packet type before you file. It saves weeks of back-and-forth.
Do you need a lawyer to file divorce forms in New York?
No. New York law allows self-represented litigants ("pro se" parties) in matrimonial matters, and the state court system actively supports it through the DIY Divorce program [1]. Judges and clerks see pro se divorce filings every day.
A few situations still earn legal advice, even in a friendly split. Complex retirement assets like pensions and 401(k)s need a separate court order called a Qualified Domestic Relations Order (QDRO) to divide without tax penalties. Drafting a QDRO is technical, and getting it wrong costs real money. A divorce attorney who handles QDROs is worth a consult for that piece even if you do the rest yourself.
Business ownership is the other one. Valuing a business interest and writing buyout language into a settlement isn't a job for the unadvised.
For most uncontested divorces, though, where the assets are a house, two car loans, and a retirement account or two, and both spouses cooperate and disclose everything, DIY works fine. New York built the UD forms for exactly this. Our divorce rate in America page has context on how common self-represented filings are nationwide.
This article is general information, not legal advice. For questions specific to your situation, consult a licensed New York family law attorney or visit a court self-help center.
Frequently asked questions
Where can I download New York divorce forms for free?
The New York State Unified Court System posts all uncontested divorce forms free at nycourts.gov under the DIY Divorce section. You download fillable PDFs, complete them on your computer, and print. Your county clerk's office keeps paper copies too. You should never pay for blank forms; websites charging for downloads are reselling something the state gives away.
How much does it cost to file for divorce in New York?
The mandatory filing fee is $210 for the index number, paid to the county clerk when you file your Summons. Add about $30 for the Note of Issue, $6 to $10 per certified copy of the final Judgment, and $0 to $150 for service if your spouse won't sign the waiver. Total cash cost for a cooperative uncontested divorce generally runs $250 to $325, not counting any help you pay for preparing forms.
What is Form UD-6 and does my spouse have to sign it?
UD-6 is the Affidavit of Defendant, your spouse's signed and notarized statement waiving the right to be formally served with the Summons. If your spouse cooperates and signs UD-6, you skip hiring a process server. If they won't sign, you need personal service of the Summons by a third party who isn't you, followed by an Affidavit of Service filed with the clerk.
What grounds for divorce are available in New York?
New York Domestic Relations Law § 170 lists seven grounds. Nearly all uncontested divorces use the no-fault ground: irretrievable breakdown of the marriage for at least six months (DRL § 170(7)), added in 2010. Fault grounds like cruel and inhuman treatment, abandonment, and adultery still exist legally, but there's rarely a practical reason to use them in an uncontested case.
How long does an uncontested divorce take in New York?
Realistically three to six months from filing to a signed Judgment of Divorce. Rural upstate counties sometimes finish in eight to ten weeks. New York City counties routinely take five to eight months due to caseload. Preparation before filing, where you draft and sign the Settlement Agreement, adds two to eight weeks depending on how fast both spouses cooperate.
Does New York require a separation period before filing for divorce?
No. Since New York adopted no-fault divorce in 2010 under DRL § 170(7), you can file once the marriage has broken down irretrievably for at least six months. There's no mandatory waiting period or required separation before you start the paperwork. You do have to meet residency requirements, but those measure how long you've lived in the state, not how long you've been separated.
Can I file for divorce in New York if my spouse lives in another state?
Yes, as long as you meet New York's residency requirements under DRL § 230. If you've lived in New York continuously for two years, you can file here regardless of where your spouse lives. Your spouse gets served in their home state. The divorce judgment is valid nationwide under the Full Faith and Credit Clause of the U.S. Constitution.
What happens if I can't afford the New York divorce filing fee?
You can file a Poor Person Application (fee waiver) under CPLR § 1101 with the county clerk before paying the index number fee. If the court grants it, all filing fees are waived. You'll need income documentation. The nycourts.gov self-help pages and local legal aid offices provide the form and guidance on what income thresholds typically qualify.
Do New York divorce forms need to be notarized?
Several key documents do. The Affidavit of Defendant (UD-6), the Plaintiff's Affidavit (UD-7), and your Stipulation of Settlement all must be signed before a notary public. Submitting un-notarized affidavits is one of the most common reasons clerks reject packets. Banks, UPS stores, and most libraries offer free or low-cost notary service.
How does New York divide property in a divorce?
New York is an equitable distribution state under Domestic Relations Law § 236-B. Marital property, meaning assets and debts acquired during the marriage, gets divided fairly between spouses, but fairly doesn't automatically mean 50/50. Separate property (owned before the marriage or received as a gift or inheritance) generally stays with the original owner. Your Settlement Agreement must spell out exactly how every marital asset and debt is allocated.
Does New York have a residency requirement for divorce?
Yes. Under DRL § 230, you generally need at least one spouse to have lived in New York continuously for two years before filing. Shorter one-year paths exist if the marriage occurred in New York, if New York was the marital home, or if the grounds arose in New York. Both spouses currently living in New York when the grounds arose also satisfies the requirement.
What is a Stipulation of Settlement and is it required in New York?
A Stipulation of Settlement is a written contract signed by both spouses resolving all marital issues: property division, debt, spousal maintenance, and, if applicable, child custody and support. New York courts fold it into the Judgment of Divorce, making it legally binding and enforceable. You can't complete an uncontested divorce without one if there are any marital assets, debts, or children involved.
Can I file New York divorce forms online or by mail?
As of 2024, New York has no statewide e-filing for matrimonial cases. NYSCEF (the state's electronic filing system) excludes most matrimonial matters. A few counties have piloted limited online filing; check nyscef.ny.gov for current enrollment. Filing by mail is accepted in some counties. Download and complete fillable PDFs from nycourts.gov, then mail or bring originals to the county clerk with the filing fee.
What is the child support formula used in New York divorce cases?
New York uses the Child Support Standards Act formula: combine both parents' gross incomes (less certain deductions), then multiply by 17% for one child, 25% for two, 29% for three, 31% for four, or 35% for five or more. The obligation is split between parents in proportion to their incomes. Support in New York continues until age 21, not 18 as in most states, under Family Court Act § 413.
Sources
- New York State Unified Court System, DIY Uncontested Divorce: New York publishes all uncontested divorce forms free and maintains a Do-It-Yourself Divorce program at nycourts.gov
- New York State Unified Court System, Matrimonial Forms: UD-series forms are the official standardized packet for uncontested matrimonial actions in New York Supreme Court
- New York Courts Help Center, Self-Help Information: New York Courts Help Center provides guidance on county-specific procedures and processing timelines
- New York State Unified Court System, Civil Court Fee Schedule: The mandatory index number filing fee for a divorce action in New York is $210, with a separate $30 Note of Issue fee
- New York Civil Practice Law and Rules § 1101, Poor Person Relief: CPLR § 1101 allows courts to waive filing fees for litigants who cannot afford them upon application
- New York Domestic Relations Law, Article 10 (DRL §§ 170, 230, 236-B): DRL § 170 lists grounds for divorce including no-fault irretrievable breakdown; DRL § 230 sets residency requirements; DRL § 236-B governs equitable distribution
- New York Family Court Act § 413, Child Support Standards Act: New York's Child Support Standards Act formula applies percentage multipliers by number of children and the obligation continues to age 21
- New York State Courts Electronic Filing System (NYSCEF): Matrimonial matters are excluded from mandatory e-filing under NYSCEF rules in most New York counties as of 2024
- New York Legal Assistance Group (NYLAG): NYLAG and similar legal aid organizations provide divorce clinics and assistance completing forms for income-eligible clients
- New York State Legislature, Domestic Relations Law § 170(7): New York added the no-fault irretrievable breakdown ground for divorce in 2010 under DRL § 170(7)