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

Last updated 2026-07-09

What forms do you need for a divorce in New York State?

New York gives you the whole divorce packet for free. The Unified Court System publishes it at nycourts.gov, and it covers an uncontested divorce where both spouses agree on every issue. The forms are standardized, so every Supreme Court in the state accepts them, and they carry numbers that tell you the order to use them in. ^[1]

Here's the core list for an uncontested divorce with no children and no real property at stake:

• UD-1, Summons with Notice (or you can use a Summons plus a separate Verified Complaint, UD-2)
• UD-6, Verified Complaint (if you use a separate Complaint instead of the notice version)
• UD-7, Affidavit of Defendant (your spouse's written consent to proceed without a court appearance)
• UD-8, Waiver of Service / Acknowledgment of Receipt
• UD-9, Affidavit of Regularity (the plaintiff certifies everything is in order for the judge)
• UD-10, Note of Issue (tells the court the case is ready for a judge to sign)
• UD-11, Sworn Statement of Removal of Barriers to Remarriage (required under New York Domestic Relations Law Section 253 if the marriage was a religious ceremony) ^[2]
• UD-12, Findings of Fact / Conclusions of Law (the judge's factual and legal basis for the divorce)
• UD-13, Judgment of Divorce (the actual divorce decree)

Have kids under 18? Add a Child Support Worksheet, a Support Collection Unit form if support is ordered, and a parenting plan or custody agreement. Own real estate together? You need extra documents covering equitable distribution.

The nycourts.gov packet walks you through which versions apply to your situation. Start there, download only the forms that match your facts, and read the instructions on every page before you write a single word.

Where do you actually get NYS divorce forms?

Download them straight from nycourts.gov. The New York Unified Court System hosts the official DIY forms page, every form is a free PDF, and there is no charge to download any of them. ^[1] The filing fee you pay later is a separate thing from the forms themselves.

You can also pick up paper copies at the Supreme Court clerk's office in the county where you file. Staff can tell you which forms you need. They legally cannot give you legal advice about how to fill them out. That distinction is real: a clerk can hand you a form and point to the line that asks for your address, but a clerk can't tell you whether to file in County A or County B when you live near the line, or how to split a retirement account.

Watch out for third-party sites selling "New York divorce forms." Some are fine. Many are outdated. A few take forms from other states and slap New York branding on top. If a form doesn't carry the UD- prefix or doesn't reference the New York Unified Court System, be skeptical. Download from nycourts.gov every time, because the court updates form versions now and then, and an outdated form gets your filing bounced. ^[1]

Want the forms pre-filled for your exact situation? DivorceClear sells a $149 document packet that generates court-ready New York forms from your answers. It saves real time if paperwork isn't your thing.

What are the residency requirements before you can file?

New York Domestic Relations Law Section 230 lists five ways to satisfy residency, and you only need one. ^[3] The two that cover most people who married in New York:

• Either spouse has lived in New York continuously for at least two years before filing, OR
• Either spouse has lived in New York continuously for at least one year AND the marriage was performed in New York, you lived in New York as a married couple, or the grounds for divorce arose in New York.

If both spouses are New York residents when you file and the grounds arose in New York, there is no minimum time requirement at all.

Residency means the state, not the county. You file in the Supreme Court of the county where either spouse currently lives. Spouse in Manhattan, you in Albany? File in New York County or Albany County, your pick. ^[3]

One thing trips people up. New York has a single no-fault ground: irretrievable breakdown of the marriage for at least six months. ^[4] It was added in 2010, which made New York the last state to allow no-fault divorce. You state this on your Verified Complaint (UD-6), and you don't have to prove or document anything beyond the statement itself.

How much does it cost to file divorce papers in New York?

An uncontested divorce in New York Supreme Court costs $335 as of 2024. That's the $210 index number fee plus the $125 note of issue fee. Some counties add a small surcharge. ^[5]

If your spouse has to be served by a process server (required when they don't sign the Waiver of Service), add $50 to $150 depending on location and how cooperative your spouse is about accepting the papers.

Here's a realistic breakdown:

Item	Typical Cost
Supreme Court index number	$210
Note of Issue filing fee	$125
County surcharge (varies)	$0-$30
Process server (if needed)	$50-$150
Certified copies of judgment	$6-$10 each
Total (uncontested, no server)	$335-$365
Total (with process server)	$385-$515

A fee waiver (poor person's relief) is available if your income sits at or below 125% of the federal poverty level. You file a Poor Person Application, and if it's granted, the filing fees are waived entirely. ^[5]

Those are court fees only. Hire a divorce attorney to handle everything and you're looking at $1,500 to $5,000 for a straightforward uncontested case in New York, more in NYC. Use a document prep service or do it yourself, and your cost stays close to the court fees plus printing and certified mail.

Map out the full cost of divorce papers across the whole process before you start. It's the cheapest hour you'll spend.

How do you fill out the NYS Verified Complaint correctly?

The Verified Complaint (UD-6) is the form that matters most. It starts your divorce case, and errors here cause more rejections than anywhere else. ^[1]

You state the grounds in Paragraph 5. For no-fault, you write that "the relationship between husband and wife has broken down irretrievably for a period of at least six months." That mirrors the statutory language in New York Domestic Relations Law Section 170(7). ^[4] Don't editorialize. Don't add reasons. Stay close to the statute.

The Complaint also has to say whether there are children under 21, whether there is marital property to divide, and whether you're seeking alimony (called "maintenance" in New York). Each of those triggers extra required sections or extra forms.

The Complaint gets signed in front of a notary. So does the Affidavit of Defendant (UD-7). People skip this step and then find out when the clerk rejects the whole packet. Most banks notarize free for account holders, and UPS Stores charge around $5 to $10 per signature. ^[1]

Once the Complaint is done, file it with your Summons at the Supreme Court clerk's office to get your index number. Do not serve anything on your spouse until you have that number, because it has to appear on every document you serve.

What is the Affidavit of Defendant and why does it matter so much?

The Affidavit of Defendant (UD-7) is how your spouse agrees to the divorce without setting foot in court. It's their signed, notarized statement that says, in effect: I got the divorce papers, I understand this is a divorce, and I'm not going to fight it. ^[1]

Without this form, the case can't move as uncontested. If your spouse refuses to sign, you're out of the uncontested track. You'd serve them formally and wait for a response or a default.

The affidavit confirms a few things: your spouse's identity, that they received the Summons, that they understand what they're agreeing to, and that they agree with the terms in the Settlement Agreement. They sign it before a notary, and it goes into your final filing packet.

Don't confuse the UD-7 with the Waiver of Service (UD-8). The Waiver says your spouse agrees to accept the papers without a process server. The Affidavit of Defendant goes further and is part of your final court submission. You may need both. Read the instruction sheet that comes with each form. The nycourts.gov packet is clear about when each one applies.

What goes into a New York marital settlement agreement?

The marital settlement agreement (also called a separation agreement or stipulation of settlement) is not a fill-in-the-blank form. It's a contract between you and your spouse, and it becomes part of your divorce judgment. ^[1]

New York courts want every issue resolved before a judge signs a Judgment of Divorce in an uncontested case. So your settlement agreement has to address:

• Property division: Who gets what. Bank accounts, vehicles, retirement accounts (which may need a separate Qualified Domestic Relations Order, or QDRO, to divide), and personal property.
• Debt allocation: Who owes which debts. Credit card debt in your name stays your creditor's concern no matter what your agreement says, but the agreement can require your spouse to reimburse you internally.
• Maintenance: Whether either spouse pays spousal support, how much, and for how long. New York has had advisory maintenance guidelines since 2016. ^[6]
• Child custody and parenting time: If you have children under 18 (or under 21 and still in secondary school), you need a custody arrangement and a parenting schedule.
• Child support: Calculated under the Child Support Standards Act. Run a child support calculator to get a baseline before you negotiate.

Both spouses sign the agreement, get it notarized, and submit it with the judgment forms. A clean, well-drafted agreement makes the judge's signature largely administrative. A vague or contradictory one means delays.

New York Domestic Relations Law Section 236 governs equitable distribution. ^[6] "Equitable" doesn't mean equal. It means fair, and courts weigh factors like length of the marriage, the age and health of both spouses, and their economic circumstances.

What happens after you submit your forms to the court?

You file your initial papers (Summons and Complaint), pay the index number fee, then serve your spouse. If your spouse is cooperative and signs the Waiver of Service (UD-8), skip the process server. If not, hire a process server or have anyone over 18 who is not a party to the case serve the papers in person. ^[1]

Once service is done, you file the rest of your packet: the Affidavit of Defendant, Affidavit of Regularity, Note of Issue, Findings of Fact, the proposed Judgment of Divorce, and your Settlement Agreement. Some counties want it all at once in a single final packet. Others take it in stages. Check with your county clerk.

Then a Supreme Court judge reviews the paperwork. There's no hearing in an uncontested divorce unless the judge has questions, or children are involved and the judge wants a short conference. For a case with no children and a clean packet, many judges sign within 2 to 6 weeks of final submission. Total time from filing to signed judgment runs 3 to 6 months, though backlogged counties like Kings (Brooklyn) and Bronx take longer. ^[7]

You get a certified copy of the Judgment of Divorce. Get at least two. You'll need them to change your name on your Social Security record, update your driver's license, and notify banks.

How do child custody and child support forms work in New York divorce?

Have children under 18? Your packet grows. You submit a parenting plan that spells out legal custody (who decides on education, healthcare, and religion) and physical custody (where the child mainly lives). New York courts want detailed plans, not vague language like "reasonable visitation." ^[7]

Child support runs on the Child Support Standards Act formula. ^[8] The basic math: combined parental income up to a statutory threshold ($163,000 as of 2024, and it adjusts periodically) times a percentage set by the number of children. That's 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. The non-custodial parent pays their proportional share. ^[8]

You fill out a Child Support Worksheet, and both spouses provide income documentation. When support is ordered, the court usually requires income withholding through the Support Collection Unit unless both parties opt out in writing.

New York judges have to decide whether custody and visitation are in the best interests of the child, even in an uncontested case. A judge can reject your agreed parenting plan if it doesn't seem to serve the child. That's rare when both parents genuinely agree, but it happens, usually when the plan is vague or one-sided.

Can you change your name as part of the New York divorce?

Yes. New York lets either spouse take back a former name as part of the divorce judgment, with no extra filing fee. You request it in the Verified Complaint, and it gets written into the Judgment of Divorce (UD-13). ^[1]

Once the judge signs the Judgment and the clerk enters it, use the certified copy to update:

• Social Security Administration: File Form SS-5. Free. Requires the original or certified judgment. ^[9]
• New York DMV: File MV-44 with your certified judgment, current license, and proof of address. The fee is $17.50 as of 2024. ^[10]
• Passport: Apply with Form DS-5504 (within one year of issuance) or DS-82, plus the certified judgment.
• Banks and financial accounts: Each institution has its own process. Most want a certified copy.

There's no deadline to request the name change during the divorce. Skip it now and you can petition for a civil name change later, but that costs extra court fees. Easier to include it now if you know you want it.

What are the most common reasons NYS divorce forms get rejected?

Clerks in New York bounce DIY divorce packets all the time. The usual culprits:

Missing notarization. The Verified Complaint and the Affidavit of Defendant both need notarized signatures. One missing stamp sends the whole packet back.

Wrong index number on filed documents. You get your index number at first filing. Every document after that has to carry it. Printed your forms before you had the number? You're printing again.

Outdated form versions. The court updates forms periodically. A 2019 form may not fly in 2025. Download fresh from nycourts.gov.

Incomplete settlement agreement. Have assets or debts your agreement doesn't cover? The clerk or judge sends it back. "We'll figure it out later" is not a legally sufficient term.

Service errors. Served the papers yourself (the plaintiff cannot serve their own papers) or didn't wait the required time after service before filing? The affidavit of service gets rejected. ^[1]

Grounds stated wrong. Vague or legally thin language in the grounds section causes rejections. Stick close to the statute.

None of these is fatal. They just add weeks or months. Careful prep before you file beats fixing a rejected packet almost every time. Want a second set of eyes? A divorce lawyer will do a one-hour document review (not full representation) and catch issues before you file. Some charge $150 to $300 for it. DivorceClear's document packet also runs logic checks to catch the common errors before you print.

Are there free resources and legal aid options for New York divorce forms?

Yes, and they actually help.

The New York State Courts Self-Help Center (nycourts.gov/courthelp) has guides, form instructions, and information on court navigator programs where trained volunteers help self-represented people with paperwork. ^[1] Navigators aren't lawyers and don't give legal advice, but they know the local court's preferences and catch a lot of common mistakes.

New York City residents can use the New York City Family Justice Centers for divorce help when domestic violence is a factor. The Legal Aid Society and the New York Legal Assistance Group (NYLAG) serve people who meet income limits. NYLAG runs a hotline at 929-356-9582 and has walk-in clinics across several NYC boroughs. ^[11]

Upstate, the Volunteer Lawyers Project and regional legal aid offices serve low-income clients. A county-by-county list is at lawhelpny.org. ^[11]

Don't qualify for legal aid but can't swing full representation? Limited scope representation (also called unbundled legal services) is legal in New York. A lawyer can draft specific documents, review your packet, or coach you on one issue without taking the whole case. That runs $500 to $1,500 versus $3,000-plus for full representation.

The divorce rate in America has been dropping for years. The share of divorces filed without lawyers has been climbing, which is part of why New York's self-help infrastructure has gotten much better over the past decade.

Frequently asked questions

Do both spouses have to sign the NYS divorce forms?

Not all of them, but the key ones need both signatures. Your spouse must sign and notarize the Affidavit of Defendant (UD-7) and the marital settlement agreement. The Verified Complaint is signed only by the plaintiff. If your spouse refuses to participate at all, you can still get a divorce through a default proceeding, but that adds steps, including formal service and waiting periods.

Can I file for divorce in New York without a lawyer?

Yes. New York courts support self-represented litigants and provide free form packets at nycourts.gov for uncontested divorces. You have the right to represent yourself in Supreme Court. For straightforward cases where both spouses agree on everything, many people file successfully without an attorney. Complex assets, business ownership, or contested custody make attorney involvement a much smarter investment.

How long does an uncontested divorce take in New York after filing?

Typically 3 to 6 months from initial filing to signed judgment, though it varies by county. Manhattan (New York County) and less-backlogged upstate counties often move faster. Kings County (Brooklyn) and Bronx County have historically been slower due to caseload. The biggest variable in your control is whether your packet is complete and correct the first time you submit it.

What is the difference between UD-1 and UD-6?

UD-1 is a Summons with Notice, a single form that starts the case and gives basic notice of the divorce claim. UD-6 is the full Verified Complaint, which states your grounds and what you're asking for in detail. You can use UD-1 alone or UD-1 plus UD-6 together. Using the Complaint (UD-6) gives the court more information upfront and is generally recommended for cases with property, maintenance, or children.

Is there a residency requirement to file for divorce in New York?

Yes. New York Domestic Relations Law Section 230 requires at least one of five residency conditions. The most common: one spouse has lived in New York for two continuous years before filing, or one spouse has lived there one year and the marriage was performed in New York or the parties lived there as a married couple. If both spouses are New York residents and grounds arose in New York, there is no minimum time requirement.

What form do I need to divide a retirement account in a New York divorce?

Dividing a 401(k), pension, or other employer-sponsored plan requires a Qualified Domestic Relations Order (QDRO), a separate legal order submitted to the plan administrator, not part of the standard UD packet. IRAs split by a transfer incident to divorce, which does not need a QDRO but does require the divorce decree and a transfer request to the financial institution. Both need careful handling to avoid tax penalties.

What if my spouse won't sign the divorce papers in New York?

If your spouse refuses to sign the Affidavit of Defendant or ignores the case, you can still get divorced through a default. You serve them formally, wait the required response period (usually 20 to 30 days depending on how service was made), and if they don't respond, you file for a default judgment. You'll need an Affidavit of Default and proof of proper service. It takes longer, but a non-signing spouse cannot permanently block a divorce in New York.

Are NYS divorce forms the same in every county?

The UD-series forms are standardized across all New York State Supreme Courts, so the forms are the same whether you file in Albany, Nassau, or Queens. But individual counties may have local rules on submission format, how many copies to provide, cover sheets, or the order documents get assembled. Check with your county clerk's office for local requirements before you submit.

Does New York require a separation period before filing for divorce?

No, not for no-fault divorce under Domestic Relations Law Section 170(7). You only need to state that the marriage has broken down irretrievably for at least six months. New York does have a legal separation option where spouses live apart under a separation agreement for one year, which can then convert to a divorce, but that's a different process and is not required. Most couples use the no-fault ground directly.

How much does it cost to get a certified copy of a New York divorce judgment?

Certified copies of the Judgment of Divorce from a New York Supreme Court typically cost $6 to $10 per copy, though fees vary slightly by county. You can request extra certified copies when you pick up your original judgment, or return to the clerk's office later. Get at least two when the judgment issues: one for Social Security and one for the DMV or other institutions.

What is UD-11 and do I need it?

UD-11 is the Sworn Statement of Removal of Barriers to Remarriage, required under New York Domestic Relations Law Section 253 when the marriage was solemnized in a religious ceremony. The filing spouse swears they have taken all steps within their power to remove any religious barriers to the other spouse's remarriage (for example, granting a get in a Jewish divorce). If your marriage was a civil ceremony, you do not need UD-11.

Can I get a fee waiver for New York divorce filing fees?

Yes. If your income is at or below 125% of the federal poverty level, you can file a Poor Person Application with the Supreme Court. If granted, filing fees, including the index number fee and note of issue fee, are waived. You'll need to provide income documentation. The application is filed at the same clerk's office where you file your divorce papers.

What happens to my name after the New York divorce judgment is signed?

If you requested a name change in your Verified Complaint, the Judgment of Divorce includes a name change order. Take the certified copy to the Social Security Administration first (Form SS-5, free), then to the New York DMV (Form MV-44, $17.50). Update your bank accounts, employer records, and passport afterward. If you did not request the name change during the divorce, you'll need a separate civil name change petition later, which involves additional court fees.

Sources

1. New York Unified Court System, DIY Uncontested Divorce Forms and Instructions: New York courts publish a free standardized UD-series divorce packet; forms require notarization and must carry the index number on every document.
2. New York Domestic Relations Law Section 253 (Barriers to Remarriage): UD-11 Sworn Statement of Removal of Barriers to Remarriage is required when the marriage was solemnized in a religious ceremony.
3. New York Domestic Relations Law Section 230 (Residency Requirements): Five alternative residency conditions; most common is two continuous years of residence in New York by either spouse before filing.
4. New York Domestic Relations Law Section 170 (Grounds for Divorce): No-fault divorce in New York requires stating the marriage has broken down irretrievably for at least six months; added to law in 2010.
5. New York Unified Court System, Court Fees: Supreme Court uncontested divorce filing fees: $210 index number plus $125 note of issue, totaling $335 minimum. Fee waiver available at 125% of federal poverty level.
6. New York Domestic Relations Law Section 236 (Equitable Distribution and Maintenance Guidelines): New York uses equitable distribution for marital property; advisory maintenance guidelines established in 2016 amendments to DRL 236.
7. New York Unified Court System, CourtHelp Guide for Self-Represented Litigants: Uncontested divorce with clean paperwork typically takes 3-6 months; heavily backlogged counties can run longer; no hearing required for uncontested cases without children issues.
8. New York Family Court Act Section 413 / Child Support Standards Act: Child support formula: combined parental income up to $163,000 (2024 threshold) multiplied by 17% for one child, 25% for two, 29% for three, 31% for four, at least 35% for five or more.
9. U.S. Social Security Administration, Change Your Name: Name change after divorce requires Form SS-5 submitted with certified divorce judgment; service is free.
10. New York State Department of Motor Vehicles, Change Your Name: Name change at the New York DMV uses Form MV-44 with a certified divorce judgment; standard license amendment fee is $17.50.
11. LawHelpNY.org, Legal Aid and Pro Bono Resources by County: LawHelpNY provides a county-by-county directory of legal aid organizations serving low-income New Yorkers in matrimonial matters.