Divorce papers in NY: every form, fee, and filing step explained

Last updated 2026-07-09

What divorce papers does New York actually require?

New York uses a standardized packet of forms for an uncontested divorce, and the state publishes every one of them free on the Unified Court System website ^[1]. That is the good news. The catch is there are a lot of them, and each has to be filled out correctly or the clerk kicks your filing back.

Here is what the standard uncontested packet contains:

Form	UD Number	What it does
Summons with Notice or Summons	UD-1 or UD-1a	Starts the case and notifies your spouse
Verified Complaint	UD-2	States the grounds and basic facts of your marriage
Affidavit of Service	UD-3	Proves your spouse was properly served
Affidavit of Regularity	UD-5	Confirms procedural steps were followed
Marital Settlement Agreement	UD-6	Your signed agreement on property, debt, and support
Child Support Worksheet	UD-8	Required if you have minor children
Qualified Medical Child Support Order	UD-8a	Required if children are covered under a parent's insurance
Findings of Fact and Conclusions of Law	UD-9	The judge's written basis for the divorce
Judgment of Divorce	UD-11	The court order that ends the marriage
Note of Issue	UD-12	Puts the case on the court's calendar for processing
Part 130 Certification	UD-13	Attorney or self-represented litigant certification
Postcard (Request for Divorce Certificate)	UD-14	So the court can notify you when the judgment is signed

Have minor children? Add the Child Support Worksheet, the Qualified Medical Child Support Order, and possibly a parenting plan. The UD form numbers all come straight from the New York Unified Court System's official divorce packet ^[1].

The Settlement Agreement (UD-6) does the most work of any form in the stack. It spells out how you and your spouse split everything: the house, retirement accounts, debt, custody, child support, and alimony. Get it wrong and a judge can refuse to sign the judgment. Get it right and the rest is mostly clerical.

What are the grounds for divorce in New York, and which one should you use?

For an uncontested divorce, use the no-fault ground. New York added it in 2010, and it is almost certainly what you want ^[2]. The statute calls it "irretrievable breakdown of the marriage for a period of at least six months." You state this in your Verified Complaint and both spouses confirm it.

The older fault grounds still exist: cruel and inhuman treatment, abandonment for a year or more, imprisonment for three or more consecutive years, adultery, and living apart under a separation decree or agreement for a year or more. Almost nobody uses these for an uncontested case. They demand extra proof and slow everything down.

One thing trips people up. New York requires every ancillary issue (property, custody, support) to be settled in writing before a judge signs a no-fault judgment. You cannot finalize the divorce and leave the finances "to be worked out later." That is a stricter bar than many states set, and it comes from Domestic Relations Law Section 236 ^[11].

How much does filing for divorce in New York cost?

The mandatory court fees for an uncontested New York divorce total $335: a $210 index number fee to open the case and a $125 note of issue fee to put it on the calendar ^[3].

Fee	Amount
Index Number fee (to open the case)	$210
Note of Issue fee (to put it on the calendar)	$125
Total minimum court fees	$335

Those figures come from the New York Unified Court System's fee schedule. Some counties tack on a small County Clerk surcharge, usually $5 to $15, so budget $340 to $350 in court fees.

Can't afford it? You can apply for a fee waiver with the Poor Person's Order form. The court grants it when your income falls below a threshold tied to the federal poverty guidelines.

Then there is service of process. A process server in New York City runs $75 to $150. A sheriff in an upstate county usually charges $30 to $50. If your spouse agrees to accept service and signs an Affidavit of Service, you can skip that cost entirely (more on that below).

Hire an attorney for a straightforward uncontested case and you are looking at $1,500 to $3,500 in most of New York, more in the city. Document preparation costs a fraction of that. A true DIY uncontested divorce, once you add the index fee, note of issue, and service, usually runs $400 to $600 out of pocket.

How do you serve divorce papers in New York?

Service is the step most people underestimate. New York sets specific rules for how the Summons reaches your spouse, and getting it wrong can get your case dismissed or stalled for months.

An uncontested divorce in New York allows four main service methods under CPLR 308 ^[4]:

1. Personal delivery. Someone over 18 who is not a party to the case (so, not you) hands the Summons directly to your spouse. Cleanest method, and the one courts prefer.

2. Deliver-and-mail ("substituted service"). If your spouse can't be found at home after reasonable attempts, the server leaves the papers with a person of suitable age at the residence AND mails a copy there. Both steps are required.

3. Nail-and-mail. If nobody of suitable age is around, the server affixes the papers to the door AND mails a copy. This needs a prior court order in some situations.

4. Voluntary acknowledgment. Your spouse signs a form confirming they got the papers. Sometimes called "accepting service," it saves everyone time and money when the divorce is genuinely cooperative.

You cannot serve the papers yourself. New York law is firm on this ^[4]. The server has to be at least 18 and cannot be a party to the action.

After service, the server fills out the Affidavit of Service (UD-3), which you then file with the court. It has to be notarized and has to list the date, time, location, and method of service plus a physical description of the person served. Courts are strict about every line.

Your spouse then has 20 days to respond if served in New York, 30 days if served outside the state. In an uncontested divorce, your spouse usually signs the consent forms instead of filing a formal Answer.

How does serving divorce papers in New York compare to other states?

New York's service rules are fairly typical, with a few differences worth knowing if you are moving, your spouse lives elsewhere, or you just want context. Most states bar the filing spouse from serving papers, allow personal delivery as the main method, and require a non-party adult to do the serving. New York does all three.

The divergence shows up in acceptance by mail, publication rules, and what happens after service.

California, for comparison, lets the Respondent sign a Notice and Acknowledgment of Receipt and return it by mail, which counts as valid service with no in-person delivery at all ^[5]. New York allows voluntary acceptance too, but its courts want stricter written documentation. California also permits mail service in some situations without a prior court order. New York generally does not for the initial Summons.

If your spouse lives in another state, New York authorizes out-of-state service under CPLR Section 313, and the server still has to be a non-party adult ^[6]. If your spouse lives abroad, you may fall under the Hague Service Convention, which adds time and paperwork.

Can't locate your spouse at all? New York permits service by publication after a court order, but treat it as the last resort. You have to show the court you made real efforts to find the person first, and publication adds months to the timeline.

Where do you file divorce papers in New York?

You file in New York Supreme Court, not Family Court. Despite the name, Supreme Court is the trial-level court in New York, and it holds exclusive jurisdiction over divorce ^[7]. Family Court handles child support and custody on their own but cannot grant a divorce.

File in the county where either spouse lives. Most people file where they currently reside.

The filing happens in two stages. First you buy an index number from the County Clerk (that $210 fee) and get a stamped copy of your Summons with the number on it. Then you serve that stamped Summons on your spouse. After service, and after your spouse's response window closes, you file the full divorce packet with the County Clerk.

Some counties run dedicated matrimonial clerks' offices. New York City has separate Supreme Court clerks for each borough (Manhattan, Brooklyn, Queens, the Bronx, Staten Island). Nassau and Suffolk have their own procedures. Check your county clerk's website before you show up, because hours and in-person versus mail filing policies vary a lot.

Filing in person? Bring two copies of every document so you keep a file-stamped copy for yourself.

What are New York's residency requirements to file for divorce?

New York's Domestic Relations Law Section 230 gives five alternative ways to meet residency, and you only need to satisfy one ^[8]:

1. The marriage ceremony happened in New York, either spouse is a state resident at filing, and that spouse lived in New York continuously for at least one year before filing.

2. The couple lived as a married couple in New York, either spouse is a resident at filing, and that spouse lived in New York continuously for at least one year before filing.

3. The grounds for divorce arose in New York, either spouse is a resident at filing, and that spouse lived in New York continuously for at least one year before filing.

4. The grounds arose in New York and both spouses are New York residents at filing.

5. Either spouse has been a continuous New York resident for at least two years before filing.

For people who have lived in New York throughout the marriage, option 5 (the two-year continuous residency rule) is the usual path. If you moved to New York recently, you may need to wait, or check whether your marriage or the grounds arose in the state.

Don't guess on residency. If you file and your spouse later challenges it, the case can be dismissed.

What happens after you file? The New York divorce timeline

Once you file the complete packet, the case moves at the speed of your county's backlog. Here is the sequence.

First, you file the index number application and pay $210. Your Summons comes back stamped with the index number.

Second, you serve your spouse. For a cooperative uncontested case, this often happens within a few days.

Third, your spouse responds or defaults. In a truly uncontested case, your spouse signs the Affidavit of Defendant and any other consent documents.

Fourth, after the response period passes (20 or 30 days depending on where service happened), you compile and file the full packet with the County Clerk. You pay the $125 note of issue fee here.

Fifth, the clerk reviews the packet. If it is clean, the file goes to a judge for review and signature. In an uncontested case, many counties require no court appearance at all. The judge reads the papers and signs the Judgment of Divorce.

Realistic timeline from filing to signed judgment: 3 to 6 months in most upstate counties. New York City runs busier, so 4 to 9 months is more common, though cases with flawless paperwork move faster.

The Judgment of Divorce is what legally ends the marriage. Get a certified copy from the County Clerk (usually $10 to $15 each) and you can start updating your records, insurance, and name.

How do you handle the Settlement Agreement, and why does it matter more than any other form?

The Marital Settlement Agreement is a contract between you and your spouse, and once a judge folds it into the Judgment of Divorce it becomes a court order. If either party breaks it later, the other can go back to court for enforcement instead of suing in ordinary contract. That is why it carries more weight than any other form in the packet.

New York courts expect the agreement to cover every issue the divorce touches: division of real property and any mortgage, division of personal property, division of retirement accounts (and whether a QDRO is needed), responsibility for debts, spousal support or a written waiver of it, and, if you have children, custody, a parenting time schedule, child support that complies with the Child Support Standards Act ^[9], and health insurance for the kids.

The Child Support Standards Act sets a clean formula on the non-custodial parent's income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more ^[9]. Courts can deviate but have to explain why. If you agree to a different number, your agreement needs language acknowledging the formula and stating the reason for the deviation.

Own a home together? The agreement has to say what happens to it: one spouse buys out the other, you sell and split proceeds, or one spouse stays for a set period before a sale. Vague language like "we will figure out the house later" gets your papers kicked back.

For a 401(k) or pension, you will likely need a Qualified Domestic Relations Order (QDRO) on top of the Settlement Agreement. A QDRO is a separate court order telling the plan administrator how to divide the account. Plenty of people don't learn this until after the divorce is final, and fixing it late gets expensive.

For broader context beyond New York, our general overview of divorce papers covers the multi-state picture.

Can you get help with NY divorce forms without hiring a full-price attorney?

Yes, and this is probably where you are sitting right now. You do not need a licensed attorney for an uncontested divorce in New York. You do need accurate, complete paperwork.

The New York Unified Court System runs Self-Help Centers in many courthouses where staff answer procedural questions (not legal advice) and help you figure out which forms you need ^[10]. If your county has a legal aid organization, some offer free brief consultations for people below income thresholds.

Want everything prepared for you without paying attorney rates? Document preparation services fill that gap. DivorceClear offers a $149 complete uncontested divorce document packet that prepares the New York forms for your specific situation. You review, sign, and file. That is one way to get your paperwork checked against state requirements without the hourly meter running.

One caution: watch out for generic online form generators that aren't state-specific. New York uses its own numbering system (the UD series) and its own language requirements. A Settlement Agreement drafted for California or Texas will not meet New York standards.

For contested issues (significant property disputes, business valuations, high-conflict custody), a divorce attorney earns the cost. Uncontested divorces are the cases where DIY actually works.

What if your spouse won't sign the papers or can't be found?

An uncontested divorce needs your spouse's participation, at minimum their acceptance of service. If your spouse refuses to engage, the case becomes contested or moves to default.

A default divorce is still possible in New York. If your spouse was properly served and does not respond in time (20 days served in-state, 30 days out-of-state), you can proceed by default. You file an Affidavit of Default with the rest of the packet, and a judge can grant the divorce without your spouse's active participation ^[4]. The terms still run through the Settlement Agreement, and a judge reviewing a default case looks harder at whether those terms are fair.

If you genuinely cannot find your spouse, you need a court order allowing service by publication. You file an affidavit laying out every effort you made to locate them: last known addresses checked, relatives contacted, public records searched. If the court grants the order, you publish a notice in a newspaper it designates, usually once a week for four weeks. Publication cost swings widely, roughly $100 to $500 depending on the paper and county.

Published-service cases run much longer than standard ones and carry more procedural steps. This is one spot where even a committed DIY filer might spend a few hundred dollars on a limited-scope consultation with a divorce lawyer.

How do you restore your former name in a New York divorce?

New York makes this simple if you do it during the divorce. You include a name-change request in your Verified Complaint and in your Judgment of Divorce. The Judgment then authorizes you to resume your former name. No separate proceeding, no extra filing fee.

Once the Judgment is signed, take a certified copy to the Social Security Administration to update your card, then the DMV for your license, then your bank, employer, passport agency, and anyone else. Social Security and the passport agency are federal, so those steps follow federal procedures, not New York law.

Forget to include the name change in your divorce papers? You can still change your name later through a separate civil proceeding in Supreme Court, but it costs more and takes longer. Put it in the divorce papers if you know you want it.

Frequently asked questions

How long does an uncontested divorce take in New York?

Most uncontested divorces in New York take 3 to 6 months from filing to a signed Judgment of Divorce in upstate counties. New York City courts typically run 4 to 9 months because of heavier caseloads. The timeline depends mostly on how fast you file complete, error-free paperwork and how busy the county clerk and judge's office happen to be.

Can I get divorced in New York if I was married in another state?

Yes. New York's jurisdiction runs on residency, not where you married. As long as you meet one of the residency requirements under New York Domestic Relations Law Section 230 (most commonly two years of continuous New York residency for either spouse), you can file here regardless of where the ceremony took place.

Do I have to go to court for an uncontested divorce in New York?

In most counties, no. New York's uncontested divorce process runs entirely on paper. A judge reviews and signs the Judgment of Divorce without either party appearing. Some judges or counties may ask for a brief conference if something in the paperwork is unclear, but a court appearance is not standard for uncontested cases.

Can my spouse serve me the divorce papers, or does it have to be someone else?

Under New York Civil Practice Law and Rules, the person who serves the papers cannot be a party to the action. Neither you nor your spouse can serve papers on each other. The server has to be at least 18 and not named in the case. A friend, relative, process server, or sheriff's office can all do it.

What is the filing fee for divorce papers in New York?

The baseline court fees are $210 for an index number and $125 for a note of issue, totaling $335. Some counties add a $5 to $15 surcharge. If you cannot afford the fees, you can apply for a Poor Person's Order (fee waiver) using the form from the County Clerk. These figures come from the New York Unified Court System's published fee schedule.

What forms do I need if my spouse and I have no children and no property?

Even a simple no-children, no-property uncontested divorce in New York needs the Summons (UD-1 or UD-1a), Verified Complaint (UD-2), Affidavit of Service (UD-3), Affidavit of Regularity (UD-5), Settlement Agreement (UD-6), Findings of Fact (UD-9), Judgment of Divorce (UD-11), Note of Issue (UD-12), Part 130 Certification (UD-13), and the Postcard (UD-14). The child-related forms drop off only when there are no minor children.

Can I use a separation agreement instead of going through divorce in New York?

You can, but it does not end the marriage. A legal separation lets you live apart and divide assets and support while staying legally married. After a year living apart under the agreement, you can convert it to a divorce by filing the agreement as the basis. Some people choose this for insurance or religious reasons, but it adds at least a year before the divorce is final.

How is child support calculated in New York divorce papers?

New York's Child Support Standards Act applies a percentage formula to combined parental income up to a cap that the statute adjusts periodically. The percentages are 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. Your Settlement Agreement must include a completed Child Support Worksheet (UD-8) and either follow the formula or explain in writing why you are deviating from it.

What happens to the divorce papers after a judge signs the judgment?

The County Clerk records the Judgment of Divorce. You can then get certified copies (usually $10 to $15 each) to use when updating your name or records. The court mails you a notice using the postcard you submitted with the packet. The judgment is a permanent public record, though access rules vary by county. Keep at least two certified copies for Social Security, the DMV, and financial accounts.

How is serving divorce papers in New York different from other states like California?

Both states bar the filing spouse from serving papers and both prefer personal delivery. California lets the Respondent sign a Notice and Acknowledgment of Receipt by mail as valid service. New York allows voluntary acceptance too but requires stricter documentation. California permits mail service in some situations without a court order. New York generally does not for the initial Summons. Out-of-state rules are similar, but always check the destination state's procedures.

Does New York require a waiting period after filing before a divorce is granted?

New York has no mandatory waiting period between filing and judgment the way some states do. The no-fault ground does require that the marriage has been irretrievably broken for at least six months before you file. The practical timeline of 3 to 9 months comes from court processing, not a statutory wait. Once the paperwork is complete and properly filed, a judge can sign the judgment at any time.

What is a QDRO and do I need one with my New York divorce papers?

A Qualified Domestic Relations Order is a separate court order that tells a retirement plan administrator how to divide a 401(k), 403(b), or pension between divorcing spouses. You need one if your Settlement Agreement divides a workplace retirement account. It is filed after the Judgment of Divorce and has to comply with federal ERISA law and the plan's own rules. Skipping it is an expensive mistake people often discover years later.

Can I file for divorce in New York if I don't know where my spouse lives?

Yes, but it is more work. You apply to the court for an order allowing service by publication. The court wants an affidavit showing diligent efforts to find your spouse: last known addresses checked, family contacted, public records searched. If granted, you publish a notice in a designated newspaper for four consecutive weeks. The full process adds several months and typically $100 to $500 in publication costs on top of standard filing fees.

Where can I get New York divorce forms for free?

The New York Unified Court System publishes all official uncontested divorce forms (the UD series) free at nycourts.gov. Many courthouse Self-Help Centers also hand out printed packets and procedural guidance at no charge. The forms are the same wherever you get them. The difference between DIY success and failure usually comes down to whether they are filled out accurately for your specific situation.

Sources

1. New York Unified Court System, Uncontested Divorce Forms and Instructions: New York publishes all UD-series uncontested divorce forms and their instructions at no charge; the forms cover the complete packet from Summons to Postcard
2. New York State Legislature, Domestic Relations Law Section 170: New York added no-fault divorce grounds in 2010 under DRL Section 170(7), permitting divorce on irretrievable breakdown of the marriage for at least six months
3. New York Unified Court System, Court Fees for Supreme Court Matrimonial Actions: The Index Number fee is $210 and the Note of Issue fee is $125, totaling $335 in mandatory court fees for a New York divorce filing
4. New York Civil Practice Law and Rules, Article 3 (CPLR 308): CPLR 308 sets the methods for personal service in New York, including personal delivery, deliver-and-mail, and nail-and-mail, and requires the server to be a non-party adult over 18
5. California Courts Self-Help Center, Service of Process in a Divorce Case: California allows the Respondent to sign a Notice and Acknowledgment of Receipt by mail as valid service, an option that does not require in-person delivery
6. New York Civil Practice Law and Rules, Section 313 (CPLR 313): CPLR 313 authorizes service of process outside New York State in the same manner as service within the state, subject to the same non-party adult server requirement
7. New York Unified Court System, Supreme Court Jurisdiction: New York Supreme Court has exclusive jurisdiction over divorce actions; Family Court cannot grant a divorce
8. New York State Legislature, Domestic Relations Law Section 230: DRL Section 230 sets five alternative residency bases for filing divorce in New York, including the two-year continuous residency option
9. New York State Legislature, Family Court Act Section 413 (Child Support Standards Act): New York's Child Support Standards Act sets child support percentages at 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children of the non-custodial parent's income
10. New York Unified Court System, Self-Help Centers Directory: New York operates courthouse Self-Help Centers across the state that provide procedural guidance and form assistance for self-represented litigants at no charge
11. New York State Legislature, Domestic Relations Law Section 236 (Equitable Distribution): DRL Section 236 governs equitable distribution of marital property in New York and requires all ancillary issues to be resolved before a no-fault divorce judgment is entered