Last updated 2026-07-09
TL;DR
An uncontested divorce in New York City runs on roughly 8 to 10 court forms filed in Supreme Court, not family court. The index number costs $210. Total filing costs usually land near $290 to $400. Most people fill out the state's official DIY forms without a lawyer. Plan on 3 to 6 months once your papers are correct.
What divorce papers do you actually need in NYC?
New York runs every divorce through Supreme Court, even the friendly uncontested ones. Each case starts with the same core packet, and the state standardized the forms so people can fill them out without a lawyer. The Unified Court System publishes the whole set free at nycourts.gov. [1]
Here are the core forms for an uncontested, no-fault divorce in NYC.
| Form | What it does |
|---|---|
| Summons with Notice (UD-1) or Summons and Verified Complaint (UD-2) | Officially starts the case and notifies your spouse |
| Verified Complaint (UD-2) | States grounds for divorce and what you're asking for |
| Affidavit of Defendant (UD-7) | Spouse waives formal service and consents to the divorce |
| Affidavit of Plaintiff (UD-6) | You swear to the facts of the marriage |
| Sworn Statement of Removal of Barriers to Remarriage (UD-4) | Required under New York Domestic Relations Law §253 if you married in a religious ceremony [2] |
| Note of Issue (UD-9) | Tells the court the case is ready for a judgment |
| Findings of Fact and Conclusions of Law (UD-10) | The court's written determination |
| Judgment of Divorce (UD-11) | The final order that legally ends the marriage |
| Certificate of Dissolution of Marriage (UD-15) | Sent to the State Department of Health for records |
Got kids under 21? You'll also need a Child Support Worksheet and, in most cases, a Qualified Medical Child Support Order (QMCSO) form. Splitting a pension or 401(k) means a Qualified Domestic Relations Order (QDRO), which is a separate document, often drafted by a specialist.
Here's a detail people miss. The UD-1 and UD-2 are two different starting paths, not one form. If you serve a Summons with Notice first (UD-1), your spouse can demand a complaint within 20 days, and then you're filing UD-2 anyway. Most DIYers file the Verified Complaint (UD-2) from the start and skip that loop.
Want the general picture before the New York specifics? Start with our overview of divorce papers.
What are the grounds for divorce in New York, and does it affect your paperwork?
New York added no-fault divorce in 2010, and that one change made uncontested filing far easier. Before then you had to prove fault. Now almost every uncontested NYC divorce uses "irretrievable breakdown of the relationship for a period of at least six months," the ground under Domestic Relations Law §170(7). [3] You check that box on the complaint and you're done stating grounds.
Yes, the ground you pick changes your paperwork. On the UD-2 complaint there's a section for grounds, and no-fault means checking the §170(7) box. Choose a fault ground instead (abandonment, cruel and inhuman treatment, adultery) and the forms change, you have to supply supporting evidence, and the case turns contested in practice even if your spouse never objects. If you agree on everything, stay no-fault.
One catch. New York still makes you settle all issues (property, support, custody) before a judge signs the judgment on a no-fault ground. Section 170(7) doesn't let you dodge a real fight about money or kids.
Where do you file for divorce in New York City?
You file in Supreme Court, not family court. Each of the five boroughs runs its own Supreme Court, and you file where either spouse lives now. [1]
| Borough | Court |
|---|---|
| Manhattan (New York County) | 60 Centre Street, New York, NY 10007 |
| Brooklyn (Kings County) | 360 Adams Street, Brooklyn, NY 11201 |
| Queens (Queens County) | 88-11 Sutphin Blvd, Jamaica, NY 11435 |
| The Bronx (Bronx County) | 851 Grand Concourse, Bronx, NY 10451 |
| Staten Island (Richmond County) | 18 Richmond Terrace, Staten Island, NY 10301 |
You or your spouse must have lived in New York State for at least two years before filing. That drops to one year if you married in New York, lived here as a married couple, or the grounds arose here. [3] Filing in the wrong county won't automatically sink your case, but it slows things down while the clerk redirects you.
All five Supreme Courts have a Self-Help Center (sometimes called a Legal Help Center or Access to Justice Center). Clerks there answer procedural questions and tell you when a form is filled out wrong. They can't give legal advice. Use them anyway.
What does it cost to file for divorce in NYC?
State law sets the fees (CPLR §8018 and the Judiciary Law), and they don't change from borough to borough. Here's what hits your wallet at the clerk's window. [4]
| Fee | Amount |
|---|---|
| Index number (starts the case) | $210 |
| Note of Issue | $30 |
| Motion fees (if any) | $45 to $120 |
| Certified copy of judgment | $10 to $15 per copy |
| Process server (to serve your spouse) | $50 to $150, depending on attempts |
The absolute floor, if nothing goes sideways, is $210 plus $30 plus the cost of service, so roughly $290 to $390 total. Budget $400 for a clean uncontested case with no motions. [4]
Can't afford the fees? File a Poor Person's Motion (Order to Show Cause) and ask the court to waive them. The statute sets no fixed income line; the judge decides. Most clerks informally point to income below 125% of the federal poverty level as a reasonable argument. [5]
What you won't pay: New York charges no separate "divorce fee." The $210 index number is the filing fee, full stop. Some states charge $300 to $400 just for that first step, so New York sits on the cheaper end. The real money for most NYC couples goes to attorney fees (which you skip by going DIY) or, if a pension is in play, a QDRO drafter, which usually runs $500 to $1,500 per retirement account.
For how uncontested divorce costs stack up nationally, see our divorce papers overview.
How do you serve divorce papers in New York?
CPLR §308 governs service of process in New York. For a divorce summons, personal service (handing the papers to your spouse directly) is the default. You can't serve the papers yourself. A third party who is 18 or older has to do it. [11]
Your options are short:
- A licensed process server (professional, usually $50 to $150)
- A friend or family member who is 18 or older
- The sheriff's office (available in some counties for a small fee)
After service, the server fills out an Affidavit of Service, and you file it with the court. This is not optional. Without a proper affidavit of service, the clerk won't move your case forward.
If your spouse lives out of state or you can't find them, the rules get harder. You can serve by mail with acknowledgment, or ask the court for alternative service (like newspaper publication) when a spouse's location is truly unknown. Those situations usually deserve at least one consult with a divorce attorney.
When your spouse cooperates, the cleanest path is the Affidavit of Defendant (UD-7). They sign a statement waiving formal service and accepting the divorce. This is the standard move in uncontested cases where both people are on the same page from day one. That affidavit still needs a notary.
What is the step-by-step process for filing an uncontested divorce in NYC?
Here's the sequence in plain order. Each step depends on the one before it.
Step 1: Prepare your forms. Fill out the UD-2 (Verified Complaint), the UD-4 (Barriers to Remarriage, if it applies), and any child support or custody forms. Type or print everything clearly. Every page you sign before a notary gets notarized separately.
Step 2: Buy your index number. Go to the Supreme Court clerk's office in your borough and pay $210. You get an index number that goes on every document from here on. Some counties let you buy the index number online through NYSCEF (New York State Courts Electronic Filing). [6]
Step 3: File your initiating papers. File the Summons (UD-1 or UD-2) with the clerk. They stamp it. Your case is now officially open.
Step 4: Serve your spouse. A third party serves your spouse with the summons and complaint. Get the Affidavit of Service filled out and notarized.
Step 5: Spouse signs the Affidavit of Defendant (UD-7). Your spouse signs and notarizes the UD-7 acknowledging the divorce. In a cooperative case, this often happens right around service.
Step 6: File the remaining forms. Bring or mail the clerk the Affidavit of Service, UD-7, UD-6 (your own affidavit), Findings of Fact (UD-10), Judgment of Divorce (UD-11), UD-15, the Note of Issue (UD-9), and any child-related forms.
Step 7: Pay the Note of Issue fee ($30). File the Note of Issue and pay. This tells the court the case is ready for judgment.
Step 8: Wait for the judge. In an uncontested divorce you usually never appear. The judge reviews the papers, signs the judgment, and the clerk mails or releases a certified copy. That review runs anywhere from a few weeks to several months depending on the county and its backlog. Brooklyn and Queens have historically waited longer than Manhattan.
Step 9: Get your certified judgment. Once it's signed, order at least two certified copies ($10 to $15 each). You'll need them to change your name, update financial accounts, and handle retirement assets.
Total time for a clean case: 3 to 6 months from filing. Some go faster. Some drag longer when the clerk kicks forms back for corrections.
Do you need a lawyer to file for divorce in NYC?
No. New York courts openly welcome self-represented litigants, and the Unified Court System put real money into DIY forms and self-help centers for exactly this reason. [1] Thousands of uncontested divorces get filed pro se (without a lawyer) every year across New York City.
Still, some situations call for at least a consult with a divorce lawyer:
- You have significant assets, a pension, or a business
- You and your spouse disagree on custody or support
- There's a history of domestic violence
- Your spouse has a lawyer and you don't
- One of you is on a visa the divorce could affect
For a clean split where you agree on everything, own modest assets, and have no kids (or you've already settled custody and support), DIY is genuinely reasonable. The forms are standardized. The clerks flag obvious errors. And the cost gap is large: a New York attorney typically charges $3,000 to $8,000 flat for an uncontested case, and contested work runs far higher.
If you sit in the middle and want help with the paperwork short of full representation, a document preparation service is one option. DivorceClear's $149 document packet walks you through the New York uncontested forms and hands back completed, court-ready documents without attorney rates. Worth naming once, because the price difference matters for most people reading this.
What happens to property and debt in an NYC divorce?
New York is an equitable distribution state, and equitable does not mean 50/50. It means a judge can split marital property in a way that's fair for the circumstances, and fair covers a wide spread. Marital property is generally everything acquired during the marriage, no matter whose name is on it. Separate property (owned before the marriage, or inherited or gifted to one spouse) stays with that person, as long as it wasn't commingled. [3]
In an uncontested divorce, you and your spouse decide the split and write it into a Settlement Agreement (also called a Separation Agreement or Stipulation of Settlement). A judge almost always approves an agreement both people signed willingly, as long as it isn't plainly unconscionable.
Your Settlement Agreement should cover:
- Real estate (who keeps the home, or how and when it sells)
- Bank and investment accounts
- Retirement accounts (and whether a QDRO is needed)
- Debt responsibility (credit cards, loans, mortgage)
- Personal property
- Spousal support (alimony), if any
- Health insurance
New York has no rigid formula for spousal support the way it does for child support, though there are advisory guidelines. The amount and duration of alimony in New York usually tracks the length of the marriage and the income gap between spouses.
One trap: if you own a home in New York City, transferring title after divorce can trigger a deed recording and possibly a real property transfer tax. Talk to a real estate attorney or title company before you move that deed.
How does child support work when you're filing divorce papers in NYC?
New York runs child support on a statutory percentage formula, the Child Support Standards Act (CSSA), codified in Family Court Act §413 and Domestic Relations Law §240. [7] The percentages of combined parental income are fixed.
| Number of children | Percentage of combined parental income |
|---|---|
| 1 | 17% |
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5+ | At least 35% |
The formula applies to the first $163,000 of combined parental income (the statutory cap adjusts periodically). Above that line, the court uses discretion. [7]
In your papers you complete a Child Support Worksheet that calculates the guideline number. You can agree to deviate from the guideline in your Settlement Agreement, but you have to say plainly that you're deviating and why, or the court won't take it.
Want a rough number before you touch the forms? Run our child support calculator against your income levels.
Custody is separate from support. Physical and legal custody go into a parenting plan that becomes part of the judgment. New York courts apply a "best interests of the child" standard. In an uncontested divorce, if you and your spouse already agree on custody, the court generally signs off as long as nothing raises a red flag.
Can you change your name in NYC divorce papers?
Yes, and it's one of the easiest pieces. The Judgment of Divorce (UD-11) has a section where you request restoration of a former name. If the judge includes it in the judgment, that signed certified copy is all you need to change your name at the Social Security Administration, the DMV, and everywhere else. No separate court petition required. [1]
You have to request it in the UD-11 at filing. You can't circle back and add it after the judgment is signed without a separate motion. So don't forget that box.
If you want a brand new name rather than a former one, that's a separate name change petition, a different proceeding entirely.
How long does a divorce take in New York City?
Longer than most people expect. A clean uncontested divorce with no children, no contested assets, and correct paperwork still typically takes 3 to 6 months in New York City, from the day you file to the day the judge signs. [1]
The holdup is almost never service or your spouse. It's the judicial review queue. Each Supreme Court justice carries a heavy civil docket, and uncontested divorces don't jump the line. Manhattan has historically reviewed faster than Brooklyn or Queens, though backlogs move around.
What stretches the timeline:
- Forms returned for correction (very common on the first try)
- Missing notarizations
- An incomplete settlement agreement
- A missing child support worksheet or QDRO
- Your spouse sitting on the UD-7
New York also has a 60-day cooling off period after the marriage breakdown is established, though in practice it rarely adds to the clock in uncontested cases, because the paperwork itself takes longer than 60 days.
The six-month separation rule people associate with New York divorce disappeared when no-fault arrived in 2010. You no longer have to live apart for any set period before filing on irretrievable breakdown grounds.
What are the most common mistakes people make with NYC divorce papers?
Pull the patterns from New York court self-help guidance and the usual clerk rejection reasons, and the same errors show up over and over. These send papers back most often.
Missing or defective notarizations. Every affidavit needs a notary. Sign a form without a notary present, or leave the notary stamp incomplete, and the clerk rejects it. This is the single most common reason papers come back.
Wrong index number placement. The index number has to appear on every page of every filed document. People skip pages.
Incomplete Settlement Agreement. Vague language like "we'll split things fairly" fails. The agreement has to name every marital asset and liability. Courts bounce agreements that leave items hanging.
Forgetting the UD-4 (Barriers to Remarriage). If you married in a religious ceremony and your religion has its own divorce process (this hits Jewish and Catholic marriages most often), you need this form. Leaving it out stalls the case.
A botched child support worksheet. The math has to be shown and has to match the agreement. A round number in the agreement with no worksheet attached gets rejected.
Filing in the wrong county. If neither spouse lives in that borough, the court may reject or redirect your filing.
Serving papers yourself. You cannot be the process server in your own case. The Affidavit of Service has to be signed by someone other than you.
Read the New York Courts' official UD instruction guide cover to cover before you fill out a single form. It's detailed, and it's free at nycourts.gov.
Where can you get free or low-cost help with NYC divorce paperwork?
You have real options that don't start with a retainer.
New York Courts Self-Help Centers. Every borough has one inside the Supreme Court building. Staff review your forms, explain procedures, and point you to resources. They can't give legal advice, but they're often the line between a rejected filing and an accepted one. [8]
NYC Bar Association Lawyer Referral Service. A $35 initial consultation with a family law attorney. Not free, but far cheaper than a retained lawyer. [9]
Legal Aid Society and Legal Services NYC. If your income qualifies (generally below 200% of the federal poverty level), these organizations provide free legal help. [10]
New York State Courts' official UD instructions. Free, detailed, official. Download the full uncontested divorce packet at nycourts.gov. [1]
DivorceClear. For people who'd rather have their forms completed based on their answers than start from blank templates, DivorceClear's $149 document packet prepares the completed New York uncontested paperwork. One option if you're comfortable with DIY but want a guided path instead of blank PDFs.
If you have a tangled property situation or a real disagreement with your spouse, none of these replace a divorce attorney. But for a genuine uncontested split, New York City's self-help infrastructure is actually good.
Frequently asked questions
How much does it cost to file for divorce in New York City?
The minimum out-of-pocket cost is roughly $290 to $390 for a clean uncontested case. That's $210 for the index number, $30 for the Note of Issue, and $50 to $150 for a process server. Budget $400 to be safe. Certified copies of the final judgment cost $10 to $15 each, and you'll want at least two.
How long does an uncontested divorce take in NYC?
Typically 3 to 6 months from the date you file, assuming your paperwork is complete and accepted on the first try. The main delay is the judicial review queue, not your spouse. Forms returned for corrections (missing notarizations top the list) can add weeks or months. Manhattan generally processes faster than Brooklyn or Queens based on historical patterns.
Do I have to go to court for an uncontested divorce in New York?
Usually not. In an uncontested divorce the judge reviews your papers and signs the judgment without making you appear. The exception is when the court has questions about your settlement agreement or forms, in which case it may schedule a brief conference. Most straightforward uncontested cases in NYC get handled entirely on paper.
Where do I get the NYC divorce forms?
The official uncontested divorce forms (UD-1 through UD-15) are free at nycourts.gov. Download the full packet, which includes instruction guides. You can also pick up paper copies at the Supreme Court clerk's office in your borough. There's no cost to access the official forms.
Can I file for divorce in NYC if my spouse lives in another state?
Yes, as long as you meet New York's residency requirements. You need two years in New York, or one year if you married here, lived here as a couple, or the grounds arose here. Your spouse can be served in another state following New York's rules for out-of-state service under CPLR §313.
What if my spouse refuses to sign the divorce papers in New York?
If your spouse won't sign the Affidavit of Defendant (UD-7), you can still proceed. Serve them formally through a process server, they have 20 to 40 days to respond, and if they don't respond the court may grant a default judgment. If they respond and contest, it becomes a contested proceeding and you should consult an attorney. A spouse cannot legally block a no-fault divorce in New York indefinitely.
Do I need a separation agreement before filing for divorce in New York?
Not before filing, but you must resolve all issues (property, support, custody) before the court signs a final judgment on no-fault grounds. You can file the summons and complaint first, then finalize your settlement agreement while the case is pending. In practice, most people draft the agreement before filing so the entire packet is ready at once.
How do I serve divorce papers on my spouse in New York City?
A third party who is 18 or older (not you) must personally hand the papers to your spouse. That person then completes an Affidavit of Service, which you file with the court. A professional process server costs $50 to $150 and is the most reliable route. In cooperative cases, your spouse can sign a UD-7 waiving formal service instead.
Can I change my name in my NYC divorce papers?
Yes. Request restoration of a former name in the Judgment of Divorce (UD-11) when you file. If the judge includes it in the signed judgment, that certified copy is your legal proof of name change everywhere, including Social Security and the DMV. You must request it at filing; you can't add it after the judgment is signed without a separate motion.
What is a QDRO and do I need one for my NYC divorce?
A Qualified Domestic Relations Order (QDRO) is a separate court order that divides certain retirement accounts like 401(k)s and pensions between divorcing spouses without triggering taxes or penalties. If you or your spouse has an employer-sponsored retirement account you're splitting, you almost certainly need one. QDROs are drafted after the divorce judgment is entered and typically cost $500 to $1,500 per account.
What residency requirement do I need to meet to file for divorce in New York?
At least one spouse must have lived in New York State for two years before filing, OR one year if you married in New York, lived here as a married couple, or the grounds arose here. The two-year rule is the catch-all. If neither spouse meets any of these thresholds, New York courts lack jurisdiction to grant the divorce.
Can fees be waived if I can't afford to file for divorce in NYC?
Yes. File a Poor Person's Motion (an Order to Show Cause under CPLR §1101) asking the court to waive filing fees. There's no hard income cutoff in the statute, but courts routinely grant waivers for applicants below roughly 125% of the federal poverty level. Forms for this motion are available at the Self-Help Centers in each borough's Supreme Court.
What is the difference between a contested and uncontested divorce in New York?
An uncontested divorce means both spouses agree on everything: grounds, property, debt, support, and custody. Papers get filed, a judge reviews them on paper, and a judgment issues, usually without a hearing. A contested divorce involves disagreement on at least one issue, which means court appearances, possibly discovery, and often a trial. Contested divorces in New York commonly take 1 to 3 years and cost $15,000 to $50,000 or more in attorney fees.
Sources
- New York State Unified Court System, Uncontested Divorce self-help page: Official source for all UD-series divorce forms, self-help center locations, and procedural guidance for uncontested divorces in New York
- New York Domestic Relations Law §253, Removal of Barriers to Remarriage: Requires the sworn statement of removal of barriers to remarriage (UD-4) in religious marriages
- New York Domestic Relations Law §170, Grounds for Divorce, and §236, Equitable Distribution: Establishes no-fault ground of irretrievable breakdown under §170(7) and equitable distribution rules for marital property under §236
- New York State Unified Court System, Court Fees schedule: $210 index number fee, $30 Note of Issue fee, and other civil court filing fees in New York State Supreme Court
- New York Civil Practice Law and Rules §1101, Poor Person Relief: Authorizes courts to waive filing fees for litigants who cannot afford them through a Poor Person's Motion
- New York State Courts Electronic Filing (NYSCEF), New York Courts: Online system for purchasing index numbers and filing documents electronically in New York Supreme Court
- New York Family Court Act §413, Child Support Standards Act: Establishes the statutory percentage formula for child support: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more children
- New York Courts, Access to Justice Centers (Self-Help Centers) directory: Self-Help Centers are available in each borough's Supreme Court and provide procedural assistance to self-represented litigants
- New York City Bar Association, Lawyer Referral Service: Provides initial attorney consultations for a $35 fee through its Lawyer Referral Service
- Legal Services NYC, eligibility and services overview: Provides free civil legal assistance including family law for income-qualifying New York City residents
- New York Civil Practice Law and Rules §308, Personal Service Upon Natural Person: Governs methods for serving process on individuals in New York, including the requirement that service be performed by a third party who is at least 18 years old