NYC divorce forms: every form you need and how to file them

Last updated 2026-07-09

What forms do you need for an uncontested divorce in NYC?

The New York State Unified Court System publishes one standard packet for uncontested divorces, and using those exact forms is the only way to hand the clerk something they'll accept. The packet has a name: the Uncontested Divorce Packet, sometimes called the "DIY Divorce" packet on the court's website. ^[1]

Here's the core packet for a couple with no children and no contested property:

Form	Official Name	Purpose
UD-1	Summons with Notice OR Summons	Starts the divorce action
UD-2	Verified Complaint	States the grounds for divorce
UD-6	Affidavit of Service	Proves spouse was served
UD-7	Affidavit of Regularity	Confirms procedural steps were followed
UD-9	Notice of Entry	Notifies spouse of the final judgment
UD-10	Findings of Fact and Conclusions of Law	The judge's factual basis for granting divorce
UD-11	Judgment of Divorce	The actual divorce decree
UD-12	Part 130 Certification	Attorney/party certification of the papers

If you have minor children, you also need:

• UD-8(a): Affidavit of Defendant (when the spouse signs)
• Net Worth Statement (if either party has significant assets or there's a support dispute)
• Child Support Summary Form (required in every case involving children)
• Parenting Plan or Custody and Visitation stipulation (you write this as a separate agreement)

Children add real work. The support amount has to match New York's Child Support Standards Act formula, and the judge won't sign an agreement that dips below the guidelines without specific language explaining why. ^[2]

All forms download as fill-in PDFs from nycourts.gov at no cost. ^[1]

Where do you actually get NYC divorce forms?

The official source is the New York State Unified Court System's self-help page. Go to nycourts.gov, find "Matrimonial" under the self-help section, or search the site for "uncontested divorce packet." ^[1] The forms are free PDFs you fill in on your computer or by hand.

Each of the five NYC boroughs has its own Supreme Court Clerk's office. They all accept the same state forms:

• Manhattan (New York County): 60 Centre Street
• Brooklyn (Kings County): 360 Adams Street
• Queens: 88-11 Sutphin Boulevard
• Bronx: 851 Grand Concourse
• Staten Island (Richmond County): 18 Richmond Terrace

You can pick up paper copies of the packet at any of these offices. Clerks can't give legal advice, but they will tell you if a form is missing or filled out wrong, and many offices have a Self-Help Center with staff who explain what goes in each blank. That center is free. Use it before you pay anyone. ^[3]

Third-party legal document websites sell pre-filled packets, sometimes for $100 to $300. Here's the honest read: if both spouses agree on everything and your situation is simple, the free court forms do the exact same job. The one reason to pay is if you want someone to check the forms for consistency before you file, and that's a fair worry, because a single wrong answer sends your packet back. divorceclear.com's $149 complete document packet is one option if you want the packet assembled and reviewed before you print and sign.

Which NYC Supreme Court county should you file in?

File where either you or your spouse has lived for the past two years. You can also file where you both lived as a married couple if one of you still lives there, or where the grounds occurred, as long as one of you has been a New York State resident for at least one year. ^[4]

For most NYC couples, the answer is easy: file in the borough where you live now. If you live in Brooklyn and your spouse lives in Queens, you can pick Kings County Supreme Court or Queens County Supreme Court. Choose whichever is easier to reach, because you'll probably make at least two trips in person.

One practical note. Processing times vary by borough. Queens and Kings County have carried longer uncontested matrimonial backlogs than Manhattan in recent years, though this shifts with staffing. Call the clerk's office before you file if turnaround time matters to you.

What are the filing fees for NYC divorce forms in 2025?

New York sets filing fees by statute, so they're identical across all five boroughs. ^[5] Here's what you pay at filing:

Fee Item	Amount
Index Number (opens the case)	$210
Note of Issue (moves case to judgment)	$30
County Clerk filing surcharge (varies)	$0 to $95 depending on county
Process server for service of papers	$50 to $150 (private estimate)
Certified copy of Judgment of Divorce	$5 to $10 per copy

A simple uncontested case runs $260 to $340 in court fees before the process server. ^[5]

Can't afford it? New York has a fee waiver. You file a Poor Person Application (officially a Motion to Proceed as a Poor Person) alongside your divorce papers, and the judge reviews your income and assets. The courts publish no hard income cutoff, but applicants at or below 125% of the federal poverty level almost always qualify. ^[3]

Here's a mistake DIY filers make all the time. They pay the $210 index number fee, then forget the $30 Note of Issue fee later in the process, which stalls the final judgment. Keep a running checklist of every payment.

How do you fill out the UD-2 Verified Complaint correctly?

The UD-2 is the heart of the filing. It names both parties, states the grounds, and tells the judge what you're asking for. Getting it wrong is the single most common reason uncontested packets get bounced in New York.

New York has had no-fault divorce since October 2010, when the legislature added "irretrievable breakdown" as a ground under Domestic Relations Law Section 170(7). ^[6] The statute reads: "The relationship between husband and wife has broken down irretrievably for a period of at least six months." Almost every DIY filer uses this ground, and that's the right move. You prove nothing, and neither spouse can block the divorce by denying the breakdown.

On the UD-2, you check the box for Section 170(7) and state the date the breakdown began. Pick any date at least six months before you file. Then stay consistent. If you write June 1, 2022 as the breakdown date in the UD-2, use that same date everywhere else the packet asks for it.

Other fields the UD-2 wants:

• Date and place of marriage
• Whether the ceremony was civil or religious
• Names and birth dates of all children of the marriage
• Whether either spouse is in the military (SCRA matters here) ^[7]
• What you're asking the court to do: distribute property, award support, restore a former name, and so on

The UD-2 has to be signed before a notary. Free or cheap notary services are at most NYC bank branches, UPS stores, and public library branches.

How do you serve divorce papers on your spouse in New York?

This is the step DIY filers underestimate most. Service is not optional and not casual. The UD-1 Summons has to be personally delivered to your spouse by someone who is 18 or older and is NOT you. ^[8]

Your options:

1. Hire a process server. Most reliable method. Process servers in NYC charge $50 to $150 for a single address. They give you a notarized Affidavit of Service (UD-6), which you then file. Get the affidavit in hand before you file UD-6 with the court.

2. Ask a friend or family member. Any adult who isn't a party can serve the papers. They sign the UD-6 before a notary after the service. Costs nothing. Can strain relationships.

3. Defendant's Affidavit (UD-8a). If your spouse is cooperative, they sign a Defendant's Affidavit waiving formal service. This is the cleanest path for a truly uncontested case where both people are on board from day one.

If your spouse can't be located, you can apply for alternative service (publication in a newspaper). That's a separate legal motion, and it adds months. Publication also costs $300 to $700. Exhaust every way of finding your spouse before you go there.

New York's CPLR (Civil Practice Law and Rules) governs service. The specific rule is CPLR Section 308, which requires personal delivery to the individual or, if that fails after repeated attempts, "nail and mail" service. ^[8]

What goes in the Marital Settlement Agreement, and do you need one?

If your divorce touches any of the following, you need a written Marital Settlement Agreement (sometimes called a Stipulation of Settlement) before the judge signs the Judgment of Divorce:

• Division of real property or a mortgage
• Division of retirement accounts (401k, pension, IRA)
• Spousal support / alimony
• Child custody and visitation
• Child support (always required if you have children under 21)

The agreement has no standard court form because its terms are unique to you. You write it yourselves, sign it before a notary, and attach it as an exhibit to your divorce papers. The court checks it against public policy, for example a child support amount below the statutory formula with no proper explanation.

Retirement accounts don't split automatically through the judgment. You need a separate Qualified Domestic Relations Order (QDRO) to actually divide a 401k or pension. The QDRO goes to the plan administrator after the divorce is final. This is one place where paying a specialist attorney or QDRO service (usually $500 to $1,500) earns its keep, because a defective QDRO can cost you tens of thousands in tax penalties.

No shared property, no children, no support issues? You may not need a formal written agreement at all. The Verified Complaint and Judgment of Divorce can close out a bare-bones case on their own.

What is the step-by-step process for filing NYC divorce forms?

Here's the realistic sequence for a self-represented person filing an uncontested divorce in NYC. This assumes no children and no major property fights.

Step 1: Prepare your packet. Download every form from nycourts.gov. Fill them out, print them, and sign what needs a notary. Double-check that names, dates, and addresses match across all forms.

Step 2: File the Summons and Complaint. Take or mail UD-1 and UD-2 to the Supreme Court Clerk in your county. Pay the $210 index number fee. The clerk stamps your papers and assigns an index number. Write that number on every other document in your packet.

Step 3: Serve your spouse. Within 120 days of filing the Summons, your spouse must be served. ^[8] Have your process server or appointed adult do it and complete UD-6.

Step 4: File the remaining packet. Once service is done, file the rest (UD-6, UD-7, UD-9, UD-10, UD-11, UD-12) together with any settlement agreement. Pay the Note of Issue fee here.

Step 5: Wait for the judge. An uncontested case usually needs no hearing. A judge reviews the papers and signs the Judgment of Divorce (UD-11). Processing runs from 6 weeks to 6 months depending on the county and the judge's caseload.

Step 6: Receive and serve the Judgment. Once signed, the clerk mails you the judgment. You serve a copy on your spouse (UD-9, Notice of Entry) and file proof of that service. The divorce is final from the date the judge signed UD-11.

Get at least two certified copies of the Judgment of Divorce when you pick it up. You'll need them for name changes, Social Security updates, and closing joint accounts.

How long does an uncontested NYC divorce take from filing to final judgment?

There's no reliable single number, and anyone who gives you one is guessing. The honest range is 3 to 9 months for a self-represented uncontested divorce in NYC, with most cases landing around 4 to 6 months. ^[9]

The main variables:

• How fast you assemble a correct packet. An incomplete packet gets returned. Many pro se filers go back and forth with the clerk 2 to 3 times before the papers pass, which adds 4 to 8 weeks.
• Which borough you file in. Manhattan's matrimonial clerks have generally moved faster than Queens or Kings County lately, but that's anecdotal and shifts with staffing.
• Whether your spouse cooperates. A cooperative spouse who signs a Defendant's Affidavit skips the formal service timeline and the 20-day answer period.
• The judge's docket. Once the Note of Issue is filed, your case sits in a queue. Nothing speeds this up.

For scale: contested divorces in New York average 18 to 36 months when they go to trial. An uncontested case is far faster precisely because neither party asks the court to decide anything.

If timeline matters, file in Manhattan when you have a real basis to do so, get your packet right the first time, and use the Defendant's Affidavit if your spouse will sign it.

Can you file NYC divorce forms without a lawyer?

Yes. New York courts have an explicit policy of welcoming self-represented litigants, and the free packet at nycourts.gov exists so people who can't afford attorneys can still get divorced. The New York Courts Self-Help Center at 60 Centre Street in Manhattan, plus satellite locations in other boroughs, reviews your completed forms for free before you file. ^[3]

That said, some situations make going solo genuinely risky:

• You own real estate together, especially with a mortgage
• One spouse has a pension or defined-benefit retirement plan
• There's a big income gap and you haven't agreed on spousal support
• You have minor children and haven't fully settled custody, visitation, and support
• One spouse owns a business
• Either party carries substantial debt in joint names

For straightforward cases (renters, no kids, no pension, both employed, minimal shared debt), DIY filing is reasonable for most people. Our breakdown covers when a divorce attorney actually pays for itself.

Somewhere in the middle? A document preparation service like DivorceClear's $149 packet gives you correctly structured, court-ready forms without paying for a full attorney. That helps when the case is simple but you're not sure about the paperwork. This is not legal advice. If your situation has complexity, talk to a licensed New York family law attorney.

For the bigger picture of what divorce papers are and how they work across states, read that overview before you start.

What happens if NYC divorce forms get rejected by the clerk?

Rejection (officially a "deficiency notice") is common and not the end of anything. The clerk stamps your papers "Deficient" and returns them with a note explaining the problem. You fix it and resubmit. You don't lose your index number or your filing fee.

The most frequent reasons packets get bounced in NYC uncontested cases:

1. Inconsistent dates across forms (the breakdown date in UD-2 doesn't match UD-10) 2. Missing notarization on the Verified Complaint or Affidavit of Regularity 3. Affidavit of Service that doesn't match the manner of service described 4. Child support amount that ignores the CSSA formula with no written explanation 5. Index number missing from one or more pages 6. Settlement agreement not signed, not notarized, or attached to the wrong form

The fix is usually simple once you know what's wrong. Read the deficiency notice carefully. If the clerk's note is unclear, go to the Self-Help Center and ask someone to translate it.

One thing does restart the clock. Fail to serve your spouse within 120 days of filing the Summons, and the court can dismiss the action for lack of prosecution. Then you file again and pay the index number fee again. Don't let the service window slip.

Do NYC divorce forms change if children are involved?

Yes, and by a lot. A divorce with children needs extra forms and a closer look from the judge. The court won't rubber-stamp any child-related agreement. It has an independent duty to make sure the arrangement fits the child's best interest. ^[2]

Extra forms when children are involved:

• Child Support Summary Form: a standard worksheet showing how the Child Support Standards Act (CSSA) formula was applied. The formula is 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. ^[2] Combined income is capped for CSSA purposes at $163,000 (as of 2022, adjusted periodically). ^[2]
• Custody and Parenting Time Agreement: not a standard court form, but required content. It spells out legal custody (who decides), physical custody (where the child lives), and a specific parenting schedule.
• Health Insurance Disclosure: which parent carries the child's coverage, and who pays uncovered expenses.

Run your agreed amount through a child support calculator before you file. If it's more than 15% below the formula result, the judge will want a written explanation of why the deviation serves the child's best interest.

Children don't make an uncontested divorce impossible. They make the packet longer and the judge's review slower. Budget extra time for this version.

Frequently asked questions

Are NYC divorce forms free?

Yes. All official uncontested divorce forms (UD-1 through UD-12) are free PDFs on nycourts.gov. Court filing fees are separate: $210 for an index number and $30 for a Note of Issue, plus county surcharges. The forms themselves cost nothing. Third-party services charge for assembling and checking the forms, which is a different thing entirely.

Can I file for divorce online in NYC?

As of mid-2025, New York has no fully electronic uncontested divorce filing system for self-represented litigants. You fill out forms digitally but must submit paper copies in person or by mail to the Supreme Court Clerk in your county. Some counties accept mail submissions, so call ahead. E-filing through NYSCEF is available for attorneys but not typically for pro se divorce filers.

What is the residency requirement for filing divorce in New York?

You or your spouse must meet one of several residency tests. The most common: at least one spouse has lived in New York State for two continuous years before filing. One year suffices if you were married in New York, lived in New York as a married couple, or the grounds occurred in New York. The statute is Domestic Relations Law Section 230.

Do both spouses have to sign the NYC divorce forms?

Not all of them. The plaintiff (the spouse filing) signs the Summons, Verified Complaint, and Affidavit of Regularity. If the defendant cooperates, they sign a Defendant's Affidavit (UD-8a), which waives formal service and simplifies things. The Judgment of Divorce is signed by the judge, not either spouse. Any settlement agreement must be signed by both spouses before a notary.

How much does a divorce cost in NYC total?

For a DIY uncontested divorce with no lawyer, total costs run about $300 to $500: the $210 index number fee, $30 Note of Issue fee, $50 to $150 for a process server, and $5 to $10 for certified copies. If you need a QDRO for a retirement account, add $500 to $1,500. A contested divorce with attorneys commonly runs $10,000 to $30,000 or more, depending on complexity.

What grounds for divorce can I use in New York?

New York has both fault and no-fault grounds under Domestic Relations Law Section 170. The no-fault ground, irretrievable breakdown for at least six months (Section 170(7)), is what almost every DIY filer uses because it needs no proof and neither spouse can block it. Fault grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery, but they add complexity and rarely help an uncontested case.

How do I get a certified copy of my NYC divorce decree?

Request certified copies from the Supreme Court Clerk's office in the county where you filed. Fees run $5 to $10 per copy. You can request them in person when you pick up the signed judgment, or by mail with a written request and payment. Get at least two right away: one for your records and one for name changes, Social Security records, or financial account updates.

What if my spouse refuses to sign or cooperate with the divorce?

In a no-fault New York divorce, your spouse can't block it by refusing to participate. If they won't sign the Defendant's Affidavit, you serve them formally through a process server and proceed. If they don't respond within 20 days, you can seek a default judgment. The case gets slower and messier, but a non-cooperative spouse cannot stop a divorce in New York State.

Can I change my name back when filing for divorce in NYC?

Yes. You request a name restoration directly in the Verified Complaint (UD-2), and the Judgment of Divorce will include the name change order. No separate court filing needed. Once you have the signed judgment, take a certified copy to the Social Security Administration, DMV, and your bank. New York charges no extra fee for including a name restoration in the divorce.

How long do I have to wait before I can remarry after an NYC divorce?

You can remarry as soon as the judge signs the Judgment of Divorce and it's entered in the court records. There's no mandatory waiting period after the judgment in New York. You do need the actual signed, entered judgment, more than a notice that it was granted. Get your certified copies and confirm the index number appears in the court system before planning a remarriage.

Is the Marital Settlement Agreement the same as a separation agreement?

Similar, but not identical. A separation agreement is signed before you file for divorce, sometimes months or years earlier. A Marital Settlement Agreement (or Stipulation of Settlement) is negotiated as part of the divorce and folded into the judgment. In many NYC uncontested divorces, spouses sign their agreement first, then attach it to the divorce papers. Either way, the judge reviews it before granting the divorce.

What does the UD-7 Affidavit of Regularity say?

The UD-7 is a sworn statement by the plaintiff confirming that the case is uncontested, the spouse was properly served, no response was filed, and the statutory waiting periods have passed. It's a checklist you swear to before a notary, certifying every procedural step was done right. Missing or wrongly completed UD-7s are a common reason packets get returned.

Do I need a lawyer to file for divorce in NYC?

No. New York courts let self-represented (pro se) litigants file for divorce without an attorney, and the court system provides free forms and Self-Help Centers for exactly that. Most people with simple, truly uncontested situations manage without a lawyer. Consult a licensed New York family law attorney if real estate, pensions, significant debt, or a child custody dispute is in play.

Sources

1. New York State Unified Court System, Uncontested Divorce Packet (DIY Divorce): The standard uncontested divorce packet (UD-1 through UD-12) is available as free fill-in PDFs on nycourts.gov
2. New York State Legislature, Family Court Act Section 413 (Child Support Standards Act): The CSSA formula sets child support at 17% of combined income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more; income capped at $163,000 as of 2022
3. New York Courts Self-Help Center (CourtHelp): The New York Courts Self-Help Center offers free assistance reviewing completed divorce forms and information on fee waiver applications
4. New York Domestic Relations Law Section 230 (Residency Requirements): New York's residency requirements for divorce filing include two years of residency or one year under specified conditions such as being married in New York
5. New York State Unified Court System, Civil Court Fees Schedule: The index number fee for a divorce action in New York Supreme Court is $210; the Note of Issue fee is $30
6. New York Domestic Relations Law Section 170(7) (No-Fault Divorce): New York added irretrievable breakdown as a no-fault ground for divorce in 2010; the statute reads 'The relationship between husband and wife has broken down irretrievably for a period of at least six months.'
7. Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Chapter 50: The SCRA requires divorce filings to disclose whether either party is an active-duty military servicemember, which can affect default judgment timelines
8. New York Civil Practice Law and Rules (CPLR) Section 308, Service of Process: CPLR Section 308 requires personal delivery of the Summons to the defendant by a person 18 or older who is not the plaintiff; the Summons must be served within 120 days of filing
9. New York Courts, CourtHelp Matrimonial/Divorce Resources: Processing time for uncontested divorce cases in New York typically ranges from several weeks to several months depending on the county and court workload