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

Last updated 2026-07-09

What papers do you actually need to file for divorce in New York?

New York's uncontested packet is bigger than most states'. The court expects a specific set of forms in a specific order. Miss one and the clerk hands the whole pile back.

Here's the core set for an uncontested divorce with no children and no contested property:

Form	What it does
Summons with Notice (UD-1) or Summons (UD-1a)	Opens the case; served on your spouse
Verified Complaint (UD-2)	States the grounds and basic facts of the marriage
Affidavit of Defendant (UD-7)	Your spouse's signed consent to proceed without a hearing
Affidavit of Plaintiff (UD-6)	Confirms your facts under oath
Affidavit of Service (UD-3)	Proof your spouse was legally served
Settlement Agreement or Stipulation	The actual deal on property, debt, and support
Note of Issue (UD-9)	Tells the court the case is ready for a judge to sign
Findings of Fact / Conclusions of Law (UD-10)	The judge's written basis for granting the divorce
Judgment of Divorce (UD-11)	The final order; this is what makes you divorced
Part 130 Certification (UD-12)	Attorney or pro se certification that documents aren't frivolous

Have children under 18? Add the Child Support Worksheet and a signed Child Support Summary Form (LDSS-4540), plus a Parenting Plan or custody agreement. If health insurance is part of your settlement, you'll also need a Qualified Medical Child Support Order (QMCSO). ^[1]

Every one of these forms is free at the New York State Unified Court System's DIY Divorce Forms page. Nobody should charge you for blank forms.

Where do you file NYS divorce papers?

You file divorce in Supreme Court, which despite the name is not the highest court in the state. It's the trial court with jurisdiction over matrimonial matters. File in the Supreme Court of the county where you or your spouse currently lives. ^[2]

You cannot file in Family Court. Family Court handles child support and custody modifications after a divorce, but the divorce itself goes through Supreme Court.

Start at the county clerk's office. You bring your Summons and Verified Complaint, pay the index number fee, and get an index number stamped on every document. That number follows the case forever. After service, and after your spouse signs the Affidavit of Defendant, you come back to file the rest of the packet and pay the RJI fee to get a judge assigned.

Some counties, like New York County (Manhattan) and Kings County (Brooklyn), have dedicated matrimonial clerks. Others push everything through the general civil clerk's window. Call ahead or check your county clerk's website. Hours and procedures vary more than you'd expect.

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

New York charges some of the highest mandatory divorce fees in the country. Here's what you're actually paying:

Fee	Amount
Index number (opens the case)	$210
Request for Judicial Intervention (RJI)	$95
Sheriff or process server (if applicable)	$50-$150
Certified copy of Judgment	$6-$10 per copy

Total out-of-pocket for a straightforward uncontested filing: usually $335 to $400, before any help you pay for on the paperwork side. ^[3]

Can't afford the fees? New York courts have a waiver. You file a Poor Person Order (also called an application to proceed as a poor person) showing your income and assets. The judge can waive all or part of the fees. The court's self-help page has the application. ^[4]

People ask whether they also need to pay a divorce attorney. For a truly uncontested divorce where both spouses agree on everything, no. You can file yourself. If there's any dispute, even a small one about who keeps a retirement account, getting a divorce attorney involved is worth the cost before you sign something you can't undo.

What are the residency requirements before you can file?

New York won't take your case unless you meet at least one residency test under Domestic Relations Law Section 230 ^[5]:

1. You were married in New York and either spouse is a resident at the time of filing. 2. You lived in New York as a married couple and either spouse is a resident. 3. The grounds for divorce happened in New York and either spouse is a resident. 4. Either spouse has lived in New York for at least one continuous year immediately before filing. 5. Either spouse has lived in New York for at least two continuous years before filing.

The one-year rule is the one most people use after moving to New York from somewhere else. Two years applies when none of the other connections exist. You state which ground you qualify under in your Verified Complaint.

Residency is not the same as domicile, and New York judges do look at the difference. Keeping a New York driver's license and a mailing address while you actually live elsewhere doesn't automatically make you a resident for divorce purposes.

What grounds for divorce do you list on the papers?

New York added true no-fault divorce in 2010, so you no longer have to prove fault to end a marriage. The no-fault ground under Domestic Relations Law Section 170(7) reads: "The relationship between husband and wife has broken down irretrievably for a period of at least six months." ^[5] Almost every uncontested divorce uses it now. You state it in the Verified Complaint and sign.

Fault grounds still exist: cruel and inhuman treatment, abandonment (one year), imprisonment (three or more years), adultery, and living apart under a separation decree or agreement for one year. You'd only go the fault route for strategic legal reasons, usually tied to asset division, and that almost always needs a lawyer.

For a clean uncontested split, irretrievable breakdown is the ground to use. It's honest, it's simple, and it doesn't force you to prove anything embarrassing in court.

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

You cannot serve your own spouse. New York law says someone else, at least 18 years old and not a party to the case, has to hand over the papers. ^[6]

Personal delivery is the usual method for an uncontested divorce: a friend, adult family member, or professional process server hands the Summons (and the Complaint, if you're serving those separately) directly to your spouse. The server then fills out the Affidavit of Service (UD-3), which you file with the court.

Alternative methods (nail-and-mail, service by publication) exist but need a court order first. You'd only reach for those if your spouse is actively hiding.

When your spouse cooperates, the simplest path is often to have them acknowledge receipt in writing. New York lets the defendant sign an Affidavit of Defendant (UD-7) which, paired with an Acknowledgment of Receipt, can stand in for formal service if the court accepts it. Check with your county clerk, because some courts are stricter about this than others.

Timing matters. After you serve the Summons with Notice, your spouse has 20 days to respond if served in New York, or 30 days if served outside the state. ^[6] In an uncontested divorce both sides are usually working together, so this deadline rarely becomes a problem.

What goes in the settlement agreement, and does it have to be notarized?

Your settlement agreement (also called a Stipulation of Settlement or Marital Settlement Agreement) is the contract that controls your property, debt, retirement accounts, and support. The Judgment of Divorce incorporates it by reference, which turns it into a court order. Break it and you face the same consequences as breaking any court order.

New York courts require the agreement in writing and signed. Notarize it. For real property transfers it's effectively required, because any deed has to be recorded and the agreement behind it should be notarized to avoid recording problems. Plenty of clerks won't accept an unnotarized agreement even where the statute doesn't technically demand it.

What the agreement should cover:

• Division of real estate (including who refinances or how the house gets sold)
• Bank accounts, investment accounts, and retirement accounts (IRAs split by re-titling; 401(k)s need a Qualified Domestic Relations Order)
• Personal property
• Debt assignment (who pays which credit card, loan, or mortgage)
• Spousal support (maintenance), including duration and any modification triggers
• Health insurance continuation
• If you have children: legal custody, physical custody, parenting schedule, and child support

New York's Child Support Standards Act sets minimum child support at fixed percentages of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. ^[7] You can agree to a different amount, but you have to state in writing that you understand the statutory number and are deviating on purpose.

For a quick estimate of what child support might look like in your case, the child support calculator is a good starting point before you draft numbers.

For context on maintenance (alimony), New York has advisory guidelines under DRL Section 236(B)(6) that courts use for temporary and post-divorce maintenance. ^[5] See our deeper breakdown of alimony rules if support is part of your negotiation.

Can you get the divorce papers prepared for you without hiring a full attorney?

Yes, and plenty of people do exactly this. There's a real middle ground between figuring out 12 forms from scratch and paying $3,000 to $5,000 in attorney fees.

New York's court system runs free self-help centers at courthouses in most counties. Staff there can point you to the right forms and explain how to fill them out, though they can't give legal advice. The New York State Courts Electronic Filing (NYSCEF) system also lets you file online in many counties, which cuts one trip to the clerk's office. ^[8]

Document preparation services, including DivorceClear's $149 complete uncontested divorce packet, fill in the forms based on your answers and format them to New York court specifications. You review, sign, and file. That's different from legal advice. A document preparer can't tell you whether your settlement is strategically smart, only that it's formatted correctly.

For how the divorce papers process looks across states, that overview helps if you're comparing approaches.

Here's the honest read: most people with a genuinely agreed divorce, no significant contested assets, and no children can handle the paperwork themselves or with minimal help. If your situation has any complexity, read the forms carefully and have a lawyer review your settlement agreement for a flat fee. Many offer this for $200 to $500, and it's money well spent.

How long does it take from filing to a signed Judgment of Divorce?

New York is slow. That's not an opinion. It's the consistent experience of anyone who's filed here.

After you file and serve, your spouse has 20 to 30 days to respond. Once you have the signed Affidavit of Defendant and all your papers in order, you file the complete packet with the clerk. The clerk reviews for completeness, then routes it to a judge.

In counties with lighter dockets, an uncontested divorce can finish in 3 to 4 months from the initial filing date. In New York City, especially Manhattan and Brooklyn, 6 to 9 months is more realistic. Some cases drag past a year when the clerk sends deficiencies back, or when the judge's matrimonial part is backed up.

The New York State Office of Court Administration doesn't publish current county-by-county processing times in a standardized way, so the best source is calling the specific county Supreme Court clerk and asking. The answer is anecdotal but usually accurate.

You don't have to appear in court for most uncontested New York divorces. The judge reviews the paperwork, signs the Judgment, and the clerk mails it to you. Once in a while a judge wants a brief conference or clarification on your agreement, but most uncontested cases are decided entirely on paper.

What happens after the Judgment of Divorce is signed?

The clerk enters the Judgment in the court's records. Get at least two certified copies, one for each spouse. They cost a few dollars per page, and you'll need them to change your name on a Social Security card, driver's license, bank accounts, and passport.

If real property is involved, your settlement agreement likely requires someone to sign and record a deed. That usually needs a real estate attorney, or at least a title company, to handle the recording correctly.

Retirement splits using a Qualified Domestic Relations Order (QDRO) are a whole separate process. The QDRO has to be drafted, approved by the plan administrator, and then entered by the court. This often happens after the divorce is final and can take months. Don't assume your 401(k) is divided just because your Judgment says so. The QDRO is its own step.

Name change is optional in New York. To restore a former name, include that request in the Judgment of Divorce itself. Once the Judgment is entered, take the certified copy to the Social Security Administration first, then the DMV, then your bank. That order matters, because most agencies want a government ID with your new name, and SSA processes the change without requiring an updated ID.

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

Clerks reject incomplete or wrong filings all the time. The problems that show up most, based on what the court system's own self-help resources flag ^[1]:

1. Missing the index number stamp on every page of every document. 2. The Affidavit of Service is incomplete, unsigned, or the server isn't clearly identified. 3. The settlement agreement isn't signed by both parties, or the notarization is missing or wrong. 4. The grounds stated in the Complaint don't match what's filled into the Findings of Fact. 5. Child support language leaves out the required recital that both parties know the statutory amount and are intentionally deviating (if you deviate). 6. The RJI form is missing or the fee wasn't paid. 7. Documents aren't in the right order in the packet.

The clerk's office often gives you a deficiency notice explaining what needs fixing, but that adds weeks or months to your timeline. Getting the packet right the first time is worth the effort of double-checking every form against the court's instructions before you walk in.

New York's court system publishes a DIY Divorce Checklist in its online self-help resources. Use it. Literally check off each item. It drops rejection rates hard.

Is New York divorce different if you have children?

Yes, in a few ways that matter. The court won't sign a Judgment of Divorce that doesn't address custody and child support when you have children under 18. Even if both parents agree completely, the judge reviews the child-related terms to confirm they serve the children's best interests. A judge can reject a settlement agreement's custody or support terms even in an uncontested case.

New York courts split legal custody (who decides on education, healthcare, religion) from physical or residential custody (where the child lives). Shared legal custody with one primary residence is common in agreed cases.

Child support in New York runs until the child turns 21, not 18. ^[7] That's longer than most states and catches people off guard. The Child Support Standards Act formula applies to combined parental income up to $163,000 per year (as of the most recent adjustment; the figure is updated periodically). ^[7] Income above the cap is subject to the court's discretion.

You'll file a Child Support Summary Form (LDSS-4540) with the Support Collection Unit on top of everything going to Supreme Court. This form triggers the state's tracking and enforcement system. Skipping it is a common error that creates enforcement headaches later.

Frequently asked questions

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

Yes. New York allows self-represented (pro se) litigants in uncontested divorce cases. The court system's DIY Divorce program provides all the forms free. You handle the paperwork, filing, and service yourself. If your divorce involves significant assets, a business, pension accounts, or children with complicated custody, at least a consultation with a divorce attorney is worth the cost before you finalize anything.

How much does a divorce cost in New York if you do it yourself?

Mandatory court fees total $335 to $400: $210 for the index number, $95 for the RJI fee, and small fees for certified copies. Add $50 to $150 if you hire a process server. A document preparation service runs another $100 to $200 typically. A fully DIY uncontested New York divorce can be done for under $500 in government fees alone.

Where do I get New York divorce forms for free?

The New York State Unified Court System's DIY Divorce Forms page (nycourts.gov) has every standard form for free download. Forms are labeled UD-1 through UD-12 for uncontested divorces. The site also has instructions and a checklist. You don't need to buy forms anywhere. Your county Supreme Court clerk's office may also stock printed packets in person.

What is the difference between a Summons with Notice and a Summons with a Complaint?

The Summons with Notice (UD-1) is a single document that gives your spouse notice of the divorce action and the basic relief you're seeking. A separate Verified Complaint gets filed later. The alternative is filing the Summons together with the full Verified Complaint at the same time. Both are valid. In an uncontested divorce with a cooperative spouse, filing both together from the start often simplifies the timeline.

How long do I have to be separated before filing for divorce in New York?

Under the no-fault ground, New York requires only that the marriage has broken down irretrievably for at least six months before you state that in your Complaint. There's no mandatory legal separation period before filing. If you're using the separation agreement ground instead, you must live apart under a written separation agreement for at least one year before converting it to a divorce.

Does my spouse have to sign anything for an uncontested divorce in New York?

Yes. Your spouse signs the Affidavit of Defendant (UD-7), which states they received the papers and don't contest the divorce. They also sign the settlement agreement. Both signatures typically need to be notarized. If your spouse refuses to cooperate or can't be located, the divorce can still proceed but shifts to a contested or default process with different procedural requirements.

Can I file New York divorce papers online?

Some counties allow electronic filing through NYSCEF (New York State Courts Electronic Filing). Availability varies by county. Check the NYSCEF website (nycourts.gov/efile) to see whether your county's Supreme Court matrimonial part accepts e-filing for uncontested divorces. Even where e-filing is available, some steps like paying the index fee or getting documents stamped may still require an in-person visit.

What is a Qualified Domestic Relations Order and do I need one?

A QDRO is a court order that splits an employer-sponsored retirement plan like a 401(k) or pension between spouses without triggering taxes or early withdrawal penalties. You need one any time your settlement agreement divides a workplace retirement account. It's a separate document from your Judgment of Divorce and has to be accepted by the plan administrator. IRAs split differently, through a re-titling process, not a QDRO.

How do I change my name back after a New York divorce?

Include a name restoration request in your Judgment of Divorce. The Judgment itself is your legal authority to change your name. Once entered, bring a certified copy to the Social Security Administration first, then the DMV for a new driver's license, then update your bank and other accounts. The passport office also accepts the certified Judgment. New York charges no extra fee for adding the name change to the Judgment.

What county do I file my divorce papers in if my spouse and I live in different New York counties?

You can file in the county where either spouse currently lives. If you live in Westchester and your spouse lives in Queens, you can pick either county's Supreme Court. Choose the one more convenient for you, or the one where you expect shorter processing times. Once you file and get an index number, the case stays in that county.

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

Yes. File a Poor Person Application (also called a motion to proceed as a poor person) showing your income, expenses, and assets. A judge reviews it. If approved, the court waives the index number fee, RJI fee, and other mandatory charges. The forms are available at the court clerk's office and on the court system's self-help website. There's no income cutoff written into the statute; it's a judicial discretion standard.

How is property divided in a New York divorce?

New York follows equitable distribution, meaning property acquired during the marriage is divided fairly, which does not always mean 50/50. Separate property (owned before the marriage, or received as a gift or inheritance during it) generally stays with the original owner. In an uncontested divorce, you and your spouse decide the division in your settlement agreement. The court reviews it for basic fairness but generally accepts agreed terms.

What happens if my spouse doesn't respond to the divorce papers in New York?

If your spouse was properly served and doesn't respond within the deadline (20 days if served in-state, 30 days if served out-of-state), you can apply for a default judgment. You file an Affidavit of Default and the rest of your packet. The judge can grant the divorce without your spouse's participation. The terms of your Complaint and any agreement you proposed can be adopted as the Judgment.

Does New York require both spouses to appear in court for an uncontested divorce?

Typically no. Most uncontested New York divorces are decided entirely on submitted paperwork. The judge reviews the documents, signs the Judgment, and the clerk mails you copies. Some judges, in certain counties or on specific issues, will request a brief conference. But the standard expectation for a clean uncontested filing is that you never set foot in a courtroom.

Sources

1. New York State Unified Court System, DIY Divorce Forms and Instructions: Complete list of required uncontested divorce forms (UD-1 through UD-12) and checklist for filing
2. New York State Unified Court System, Supreme Court Matrimonial Jurisdiction: Divorce in New York is filed in Supreme Court in the county where either spouse resides
3. New York State Unified Court System, Court Fees: Index number fee is $210; RJI fee is $95 for Supreme Court matrimonial matters
4. New York State Unified Court System, Fee Waivers (Poor Person Applications): New York courts can waive filing fees for parties who demonstrate financial hardship
5. New York Domestic Relations Law, Sections 170 and 230 (New York State Legislature): DRL Section 170(7) establishes the no-fault irretrievable breakdown ground; Section 230 states residency requirements; Section 236(B)(6) covers maintenance guidelines
6. New York Consolidated Laws, Civil Practice Law and Rules Section 308 (CPLR): Service of process rules: personal delivery by a non-party age 18+; 20-day response period in-state, 30 days out-of-state
7. New York Family Court Act Section 413 and Child Support Standards Act (New York State Legislature): Child support percentages (17% one child through 35%+ five or more); support runs to age 21 in New York; income cap updated periodically
8. New York State Courts Electronic Filing System (NYSCEF): Online filing available in participating counties for Supreme Court matrimonial matters
9. New York State Office of Court Administration, Unified Court System Self-Help Center: Free in-person and online self-help resources for pro se litigants in New York courts
10. New York Domestic Relations Law Section 236(B), Equitable Distribution: New York follows equitable distribution; separate property defined as pre-marital or gifted/inherited assets