New York state divorce papers: what you need and how to file

Last updated 2026-07-09

What divorce papers do you actually need in New York?

An uncontested New York divorce runs on a standard packet of court forms. The Unified Court System publishes every one of them free, and they work in all 62 counties. You do not need a lawyer to fill them out or file them. You can hire one if you want help, but the forms themselves are built for regular people.

Here are the core forms for an uncontested divorce with no children and no contested property:

Form	Name	Purpose
UD-1	Summons with Notice	Starts the case; tells your spouse a divorce is filed
UD-1a	Summons	Used instead of UD-1 if you draft a separate Complaint
UD-2	Verified Complaint	States the grounds, marriage facts, and what you want
UD-6	Affidavit of Service	Proves your spouse was served
UD-7	Affidavit of Defendant	Your spouse consents and waives further notice
UD-8	Marital Settlement Agreement (optional)	Your written agreement on property, support, etc.
UD-9	Note of Issue	Tells the court you're ready for judgment
UD-10	Affidavit of Plaintiff	Sworn statement confirming marriage, grounds, and requests
UD-11	Findings of Fact and Conclusions of Law	Court's written factual and legal conclusions
UD-12	Judgment of Divorce	The actual order ending the marriage

Got kids under 18? Add UD-8a (the Child Support Worksheet) and usually a separate custody and parenting agreement. If a child stays on a parent's health plan, you may also need a Qualified Medical Child Support Order.

Every form here is free from the New York State Unified Court System ^[1]. Some counties have small local variations, so check your county clerk's page before you print a stack.

For how divorce papers work across states, that linked guide walks through the common structure most courts use.

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

Almost everyone should use the no-fault ground. New York added it in 2010 under Domestic Relations Law Section 170(7), which allows a divorce when "the relationship between husband and wife has broken down irretrievably for a period of at least six months" ^[2]. You prove nothing except that the marriage has been broken for six months or more. No blame, no evidence, no drama.

The old fault grounds are still on the books: cruel and inhuman treatment, abandonment for a year or more, imprisonment for three or more consecutive years, adultery, and living apart under a separation decree or agreement. Skip all of them in an uncontested case. They slow things down, demand proof, and rarely change the money.

Check the "irretrievable breakdown" box on UD-2 and move on.

Do you meet New York's residency requirements to file?

At least one spouse has to have lived in New York before you can file, and the exact threshold depends on your history ^[2]:

• Two years of continuous New York residency by either spouse, OR
• One year of residency if you were married in New York, OR
• One year of residency if you lived in New York as a married couple, OR
• One year of residency if the grounds for divorce arose in New York, OR
• Both spouses are New York residents on the filing date (no minimum duration)

You file in the Supreme Court of the county where you or your spouse lives. In New York, Supreme Court is the trial court, not an appellate court. The name throws people off. Ignore it.

If neither of you lives in New York now, you generally can't file here, even if you got married in the state. File where one of you actually lives.

How much does a divorce cost in New York state?

A do-it-yourself uncontested divorce in New York runs about $300 to $425 in court and service fees. That's the whole out-of-pocket cost if you fill out the paperwork yourself and your spouse cooperates. Hire a lawyer and the number climbs fast.

The mandatory court fees look like this:

Fee	Amount
Index number purchase (opens the case)	$210
Note of Issue (when filing for judgment)	$30
Certified copy of Judgment of Divorce	$10-$15 per copy
Process server (to serve your spouse)	$50-$150 typical

So the floor is roughly $300 to $400 if you do everything yourself ^[3]. Attorney-handled uncontested divorces in New York commonly run $1,500 to $5,000 or more, depending on the firm and the county. Contested divorces with trials can hit $15,000 to $50,000 and beyond.

Can't cover the filing fee? New York courts have a fee waiver called Poor Person's Relief, under Civil Practice Law and Rules Section 1101. You document your income and assets, and a judge decides ^[4].

A middle path is a flat-fee document preparation service. A complete, correctly filled packet usually costs $100 to $200. DivorceClear offers a $149 packet covering all the standard uncontested New York forms. That's not legal advice or representation. It just gets the forms done right without attorney rates.

The real cost variable is your spouse. If they contest anything, the bill jumps. If they sign UD-7 and cooperate with service, you stay near that $300 to $400 floor.

How do you file New York divorce papers step by step?

The New York divorce process runs in a fixed order. Here it is, plainly.

Step 1: Get your index number. Go to your county Supreme Court clerk, pay $210, and get an index number. It goes on every document you file. Some counties let you do this online; others want you in person.

Step 2: Prepare your forms. Fill out UD-2 (Complaint), UD-10 (Plaintiff's Affidavit), and whichever supporting forms apply. Finalize your Marital Settlement Agreement (UD-8) or custody agreement now if you have one.

Step 3: File the Summons. Bring UD-1 (Summons with Notice) and a copy to the clerk. The clerk stamps it. Keep the copy.

Step 4: Serve your spouse. You cannot serve your spouse yourself. New York requires personal service by someone 18 or older who is not a party to the case ^[2]. A process server or a friend can do it. The server fills out UD-6 (Affidavit of Service). Your spouse then has 20 days to respond if served in New York, 30 days if served outside the state.

Step 5: Get the Defendant's Affidavit. In an uncontested case, your spouse signs UD-7, consenting and waiving further participation. That signature is your clearest sign the case will stay uncontested.

Step 6: File the full packet. Bring all completed, signed forms to the clerk: UD-2, UD-6, UD-7, UD-8/8a if it applies, UD-9, UD-10, UD-11, UD-12, and any supporting documents. Pay the $30 Note of Issue fee.

Step 7: Wait for judicial review. A judge reads the papers. Most uncontested New York cases need no hearing. The judge signs UD-12 (Judgment of Divorce) once everything checks out.

Step 8: Get certified copies. After the clerk enters the judgment, order at least two certified copies. You'll want one for a name change, one for your files, and maybe one for a pension or benefits administrator.

Start to finish, an uncontested case usually takes 3 to 6 months. Manhattan and Brooklyn run slower than upstate counties, mostly because of volume.

What happens when there are children involved?

With minor children, the court has to approve custody, visitation, and child support before it signs the Judgment. No shortcuts around that part.

Child support follows the Child Support Standards Act (Family Court Act Article 4), which sets a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more ^[5]. Those percentages apply to combined income up to a cap New York adjusts periodically. The cap was $183,000 as of 2024 ^[8]. Income above the cap is left to the judge's discretion.

You file a completed Child Support Worksheet (UD-8a) with your packet. If either parent can get health insurance through an employer, the court will almost always require the kids to be covered.

For custody, you and your spouse can write a parenting agreement covering legal custody (who makes major decisions), physical custody (where the child lives), and a schedule. The court folds it into the judgment as long as it looks like it's in the child's best interests.

Our child support calculator gives you a rough New York estimate before you lock in an agreement.

How is property divided in a New York divorce?

New York is an equitable distribution state, and equitable does not mean 50/50. It means the court splits marital property in a way it considers fair, weighing factors in Domestic Relations Law Section 236(B)(5): the length of the marriage, each spouse's income and property, contributions to the marriage, and each spouse's economic circumstances at divorce ^[2].

Marital property is generally everything picked up during the marriage, no matter whose name is on it. Separate property (inheritances, gifts from third parties, assets you owned before the marriage and kept separate) generally stays with the original owner. Mix it with marital money and that line gets blurry.

In an uncontested divorce, you and your spouse decide the split yourselves in a Marital Settlement Agreement (UD-8). The court won't micromanage it as long as it isn't wildly unconscionable. Write down every major asset: real estate, retirement accounts, vehicles, bank accounts, debts. Be specific. Vague agreements come back to bite people.

Retirement accounts need extra work. To divide a 401(k) or pension without triggering taxes or penalties, you need a Qualified Domestic Relations Order (QDRO), a separate legal document sent to the plan administrator. It's not part of the standard packet. You arrange it after the divorce if retirement assets are in play.

Alimony in New York is called maintenance. There's a formula for temporary support during the case and a separate judicial analysis for maintenance after the divorce, weighing income, standard of living, and how long you were married. The alimony guide covers how that math works.

Can you get a divorce in New York without a lawyer?

Yes, and the courts expect it. The Unified Court System runs a DIY Divorce program with forms, instructions, and step-by-step guides built for uncontested cases, with or without children ^[1]. It lives on the court's website, and some counties have self-help centers at the courthouse too.

Doing it yourself works best when both spouses agree on everything, there's no mortgaged house to untangle, retirement accounts are simple or nonexistent, and nobody owns a business.

It gets riskier when there's a pension or a big 401(k), one spouse owns a business, there's real property with equity, one spouse is much wealthier, or there's a history of domestic violence.

There's no shame in getting limited-scope help for the hard parts and handling the rest yourself. Plenty of New York attorneys offer unbundled services: they'll review your agreement, draft a QDRO, or answer one specific question without taking over the whole case.

Still weighing a lawyer against going solo? The divorce attorney overview breaks down what representation actually buys you and what it costs.

How long does the New York divorce process take?

Plan on 3 to 6 months for an uncontested case with cooperative spouses and clean paperwork. County and cooperation drive the whole timeline.

Stage	Typical Time
Preparing forms	1 day to 2 weeks
Serving your spouse	1 to 2 weeks
Waiting for spouse's response/affidavit	20 to 30 days
Filing complete packet	Same day as ready
Judicial review and signature	4 to 16 weeks (county-dependent)
Total	3 to 6 months

New York City counties (New York, Kings, Queens, Bronx, Richmond) trend toward the long end. Rural upstate counties often move faster. Some filers in smaller counties report a signed judgment 6 to 8 weeks after filing the full packet. Manhattan can stretch past 4 months just for judicial review.

Paperwork errors are the single biggest cause of delay. A rejected packet means corrections and a refile. Getting the forms right the first time is where the real time savings live.

Where do you file New York divorce papers?

You file in the Supreme Court of the county where you or your spouse lives. New York has 62 counties, each with its own clerk. This is not Family Court. Family Court handles child support and custody enforcement, not divorce. Divorce in New York is strictly a Supreme Court matter.

Many counties now let you buy your index number online through the New York State Courts Electronic Filing system (NYSCEF) ^[6]. Some counties require full e-filing for represented parties but still take paper from self-represented filers. Check your county's rules.

High-volume counties have dedicated matrimonial parts of the Supreme Court, with their own clerks and procedures. New York County (Manhattan) and Kings County (Brooklyn) are two. Their local rules can add steps, so look up your county's matrimonial division page before you show up at the window.

Bring organized, tabbed paperwork. Clerks process dozens of filings a day. A clean packet gets reviewed faster and rejected less.

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

An uncontested divorce needs your spouse's participation or at least their silence. If they fight it, the case turns contested and the process changes a lot.

Can't find your spouse? You can ask the court for permission to serve by publication, meaning you publish a notice in a court-approved newspaper for a set period. New York CPLR Section 316 allows it, but courts require proof you made diligent efforts to find your spouse first ^[7]. Publication is slow (it adds months) and needs a court order before you can start.

If your spouse is served but never responds within the deadline (20 days in-state, 30 out-of-state), you can apply for a default judgment. You ask the court to grant the divorce without your spouse's involvement. Expect extra affidavits and, in most counties, a Request for Judicial Intervention (RJI).

Neither route is complicated exactly, but both add time and paper compared to a cooperative case. If your spouse is actively fighting the divorce or custody, talking to a divorce lawyer about your specific facts is worth the money.

How do you change your name in a New York divorce?

New York makes name restoration easy. You put your former name in the Judgment of Divorce (UD-12), and the judge's signature on that document is itself the legal authority to go back to your prior name ^[10]. No separate name-change case needed.

Once you have a certified copy of the Judgment with the name restoration language, take it to:

• The Social Security Administration (update your record first, no fee)
• The DMV (New York license and vehicle registration)
• Your bank and other financial institutions
• The passport agency if you travel internationally
• Your employer for payroll and benefits

Do Social Security first. Banks and the DMV often want to see a Social Security card in your new name before they'll update anything.

Order at least two certified copies of the Judgment for this. Courts charge $10 to $15 per copy, and grabbing extras now beats requesting them later.

Frequently asked questions

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

The mandatory filing fees are $210 for the index number and $30 for the Note of Issue, so court fees alone total $240. Add $50 to $150 for a process server and $10 to $15 per certified copy of the judgment. Total out-of-pocket for a self-represented uncontested divorce usually lands between $300 and $425. Attorney fees are separate and add thousands.

How long does an uncontested divorce take in New York?

Most uncontested divorces in New York take 3 to 6 months from filing to signed judgment. The biggest variables are how fast your spouse signs the Defendant's Affidavit, how complete your paperwork is on first submission, and how busy your county's Supreme Court is. Rural counties often run faster than New York City counties.

Do both spouses have to agree for an uncontested divorce in New York?

They don't need to file jointly, but an uncontested divorce requires your spouse to either sign the Defendant's Affidavit (UD-7) agreeing not to contest, or simply not respond within the deadline after being properly served. If your spouse actively contests the divorce or any terms, the case becomes contested and follows a longer, different process.

Where do I get New York divorce forms for free?

The New York State Unified Court System publishes all standard uncontested divorce forms free at nycourts.gov. Look for the DIY Divorce section under the Self-Help tab. You can download, print, and fill them in by hand or on a computer. Some counties also keep printed packets at the courthouse clerk's office.

What is the residency requirement for divorce in New York?

At least one spouse must meet one of five thresholds: two years of continuous New York residency, or one year if you were married in New York, lived in New York as a couple, or the grounds arose in New York. Or, if both spouses are New York residents on the filing date, no minimum duration applies. You file in the Supreme Court of the county where either spouse lives.

Can I get a divorce in New York without my spouse's signature?

Yes, through a default judgment. If your spouse is properly served but doesn't respond within 20 to 30 days, you can apply for a default. If your spouse can't be found, you can request court permission to serve by publication in a newspaper. Both options add time and paperwork but let a divorce proceed without the other spouse's active participation.

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

Usually not. In most New York counties, an uncontested divorce is decided entirely on submitted papers. A judge reviews the packet and signs the Judgment of Divorce without a hearing if everything is in order. Some counties may schedule a brief appearance to confirm your identity or clarify a detail, but that's the exception for clean uncontested filings.

What is the difference between a UD-1 and a UD-2 in New York divorce papers?

UD-1 is the Summons with Notice, a single document that starts the case and gives your spouse basic notice of the divorce and what you're asking for. UD-2 is the Verified Complaint, the detailed document stating the grounds, marriage facts, and the specific relief you want. Most self-represented filers use both, with UD-1 served on the spouse and UD-2 filed with the court.

How does New York divide property in a divorce?

New York follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court weighs the length of the marriage, each spouse's income, household contributions, and each spouse's economic situation after divorce. In an uncontested case, you and your spouse write your own division into a Marital Settlement Agreement, and the court generally accepts it as long as it isn't unconscionable.

Does New York require a separation period before divorce?

No. Under the no-fault ground added in 2010 (Domestic Relations Law Section 170(7)), you only state that the relationship has broken down irretrievably for at least six months. There is no mandatory separation period before filing. The older separation-agreement ground still exists but requires living apart under a written agreement for one year, which is slower and more complicated for most people.

What happens to the house in a New York divorce?

The family home is marital property if bought during the marriage, regardless of whose name is on the deed. In an uncontested case, you and your spouse agree in your Marital Settlement Agreement whether one spouse buys out the other, you sell and split the proceeds, or one spouse stays temporarily (often for the children) with a later buyout or sale. If you can't agree, a contested case lets a judge decide.

Can I file for divorce in New York online?

Partially. New York's e-filing system (NYSCEF) lets represented parties file fully online in most counties, and some counties let self-represented filers buy an index number online. Most self-represented litigants still file paper documents at the county clerk's office. Check your county's Supreme Court page for current e-filing availability for pro se filers, since it changes county by county.

What is a fee waiver for New York divorce, and how do I get one?

If you can't afford court fees, New York allows a Poor Person's Relief application under Civil Practice Law and Rules Section 1101. You file a motion with an affidavit documenting your income, assets, and inability to pay. If granted, the court waives filing fees. There is no fixed income cutoff; judges look at your overall finances. Your county clerk's office can tell you which form to use.

Sources

1. New York State Unified Court System, DIY Divorce Forms and Instructions: New York Unified Court System publishes all standard uncontested divorce forms (UD-1 through UD-12) free at nycourts.gov
2. New York Domestic Relations Law, Article 10 (Sections 170, 230, 236B): Grounds for divorce including irretrievable breakdown (Section 170(7)), residency requirements (Section 230), and equitable distribution factors (Section 236B(5))
3. New York State Unified Court System, Supreme Court Filing Fees: Index number fee is $210; Note of Issue fee is $30 in New York Supreme Court
4. New York Civil Practice Law and Rules, Section 1101 (Poor Person Relief): CPLR Section 1101 authorizes courts to waive filing fees for parties who cannot afford them
5. New York Family Court Act, Article 4 (Child Support Standards Act): Child support percentages under CSSA: 17% for one child, 25% for two, 29% for three, 31% for four, 35%+ for five or more
6. New York State Courts Electronic Filing System (NYSCEF): NYSCEF allows online index number purchase and electronic filing in participating counties
7. New York Civil Practice Law and Rules, Section 316 (Service by Publication): CPLR Section 316 permits service by publication when a defendant cannot be located after diligent efforts, subject to court order
8. New York State Office of Court Administration, Combined Child Support Income Cap: The combined parental income cap for mandatory CSSA percentage application was $183,000 as of 2024
9. New York Domestic Relations Law, Section 240-a (Name Change on Divorce): A spouse may resume a former surname upon divorce by including it in the Judgment of Divorce under DRL Section 240-a