Last updated 2026-07-09
TL;DR
An uncontested divorce in New York means both spouses agree on everything: property, debt, support, and custody if children are involved. You file in Supreme Court, pay a $210 index number fee plus roughly $125 in other fees, and most pro se cases close in 3 to 6 months. No hearing is usually required if your paperwork is complete.
What is an uncontested divorce in New York?
An uncontested divorce means you and your spouse agree on every issue before you file. Property and debt division. Whether either spouse pays maintenance (New York's word for alimony). And if you have kids, a parenting plan with custody and child support. When there's nothing left to fight about, the court's job shrinks to reviewing paperwork and signing off.
New York made this path much easier in 2010, when it became the last state in the country to adopt no-fault divorce. Under New York Domestic Relations Law Section 170(7), either spouse can allege that "the relationship between husband and wife has broken down irretrievably for a period of at least six months" [1]. No proving adultery, abandonment, or cruelty. That single change turned tens of thousands of would-be contested divorces into uncontested ones every year.
The court that handles divorce here is called Supreme Court, which throws people off because it sounds like a panel of black-robed justices. It isn't. Every county has one, and it's the trial-level court of general jurisdiction. You file locally, in the county where either spouse lives.
If your case is genuinely uncontested, you almost certainly won't set foot in a courtroom. A judge reads your package and signs the judgment, usually without calling anyone in.
Do you qualify for an uncontested divorce in New York?
Two threshold questions come first: residency and grounds. Clear both and the only real hurdle left is agreement.
Residency under DRL Section 230 requires at least one of these to be true [1]:
- The marriage ceremony happened in New York AND either spouse is a resident at filing.
- You lived as a married couple in New York AND either spouse is a resident at filing.
- The grounds (the breakdown of the marriage) arose in New York AND either spouse is a resident at filing.
- Either spouse has lived in New York continuously for at least two years before filing.
- Either spouse has lived in New York continuously for at least one year before filing AND the marriage happened in New York, or the couple lived here, or the grounds arose here.
The two-year continuous residency rule is the one most people fall back on, because it works no matter where you got married.
For grounds, nearly everyone filing an uncontested divorce today uses the no-fault ground under DRL 170(7). State that the marriage has broken down irretrievably for at least six months. Done.
Agreement is the part that actually decides your fate. If you and your spouse disagree on support, the house, retirement accounts, or where the kids live, no judge will wave that into uncontested status for you. You'd be in a contested proceeding, which means hiring a divorce attorney or at least a mediator to close the gap before you can file on an uncontested basis.
What forms do you need to file an uncontested divorce in New York?
New York's Unified Court System gives away the official forms for free on its website. The uncontested package runs UD-1 through UD-11 for couples without children, plus extra forms if you have kids. Download them at nycourts.gov [2].
The core forms for most uncontested divorces:
| Form | Name | Who Prepares It |
|---|---|---|
| UD-1 | Summons with Notice | Plaintiff |
| UD-2 | Verified Complaint | Plaintiff |
| UD-3 | Affidavit of Defendant | Defendant |
| UD-4 | Affidavit of Plaintiff | Plaintiff |
| UD-5 | Affidavit of Service | Process server |
| UD-6 | Note of Issue | Plaintiff |
| UD-7 | Findings of Fact / Conclusions of Law | Plaintiff |
| UD-8 | Judgment of Divorce | Plaintiff |
| UD-9 | Certificate of Dissolution | Plaintiff |
| UD-10 | Part 130 Certification | Plaintiff |
| UD-11 | Sworn Statement of Removal of Barriers to Remarriage | Plaintiff (if applicable) |
With minor children, you add a parenting plan, a child support worksheet, and backup documentation for the Child Support Standards Act calculation.
The forms are fillable PDFs. Filling them in correctly is where people trip. The Findings of Fact (UD-7) and the Judgment (UD-8) have to match each other word for word. One wrong date, one mismatch, one missing notarization, and the clerk sends back a rejection notice. A rejection doesn't dismiss your case; it just means fix it and resubmit. It also means weeks lost.
For a full rundown of what each divorce papers form does, that guide walks through the purpose and common errors for every document.
How much does an uncontested divorce cost in New York?
Court fees are set by statute and identical across all 62 New York counties. Here's what goes to the court [3]:
- Index number (to open the case): $210
- Request for Judicial Intervention (RJI), if your county requires it: $95
- Note of Issue filing fee: $30
- Certificate of Dissolution: $10
Total court fees usually land between $210 and $335, depending on whether your county requires the RJI in an uncontested case. Some fold it in automatically, some don't. Call your local Supreme Court clerk before you file and ask.
On top of court fees, you pay a process server to serve the Summons if your spouse isn't signing a voluntary appearance. Process servers in New York City run $75 to $150. Outside the city, $50 to $100 is common.
Here's how you dodge that cost entirely: if your spouse signs the Acknowledgment of Service (part of UD-3), you skip the process server.
What about a lawyer? You have the right to represent yourself in a New York divorce. If the case is genuinely uncontested and your finances aren't complicated (no business interests, no messy pension split), plenty of people file without an attorney. If there's real property at stake or a retirement account being divided through a Qualified Domestic Relations Order (QDRO), a single one-hour consultation with a divorce lawyer before you sign the settlement agreement is money well spent.
Doing the paperwork yourself versus hiring a full-service attorney is the biggest cost lever you control. Attorney fees for an uncontested divorce in New York run roughly $1,500 to $5,000 depending on complexity and location [4]. Document preparation services sit in the middle. DivorceClear's $149 document packet, for one, produces the complete New York uncontested package for couples who meet the qualification criteria, without billing attorney hourly rates for clerical work.
Total out-of-pocket for a true DIY uncontested divorce in New York: roughly $250 to $400 in court and service fees, assuming you prepare your own paperwork.
What are the step-by-step filing instructions for a New York uncontested divorce?
Here's the process from start to signed judgment.
Step 1: Prepare your paperwork. Complete the UD-1 through UD-11 forms (plus any child-related forms). Get the Verified Complaint and Affidavit of Plaintiff notarized. If your spouse is cooperating, have them sign and notarize the Affidavit of Defendant (UD-3) at the same time.
Step 2: Open the case at the Supreme Court clerk's office. Bring the Summons with Notice (UD-1), Verified Complaint (UD-2), and the $210 index number fee [3]. The clerk assigns an index number that goes on every document after this.
Step 3: Serve your spouse. If your spouse already signed the UD-3, attach the Acknowledgment of Service and you're done. If not, someone over 18 who is not you has to serve the Summons. The defendant then gets 20 days to respond if served inside New York, or 30 days if served out of state [1].
Step 4: File proof of service. Once service is complete, file the Affidavit of Service (UD-5) with the clerk.
Step 5: Wait out the response period. If your spouse signed the UD-3 waiving formal service, this wait is short. If a process server handled it and your spouse never responds, you proceed by default.
Step 6: Assemble your submission package. Compile every completed form: UD-4 through UD-11, your settlement agreement (if any), child support worksheets if you have kids, and the Part 130 Certification. Sign and notarize each one where required.
Step 7: Submit the Note of Issue (UD-6) and the full judgment package. The clerk processes it and sends the package to a judge. In most counties the judge reviews the papers in chambers and signs the Judgment of Divorce (UD-8) with no court appearance.
Step 8: Receive your signed judgment. The clerk mails or makes available a certified copy of the Judgment of Divorce. Grab several certified copies. You'll need them to update Social Security, change your name, close joint accounts, and start any QDRO process.
The New York courts' official self-help page for divorce is the best resource for county-specific quirks [2].
How long does an uncontested divorce take in New York?
Plan on 3 to 6 months from filing to signed judgment for a pro se uncontested case. Some counties move faster. Kings County (Brooklyn) and New York County (Manhattan) have historically dragged because of caseload volume.
The timeline breaks down roughly like this:
- Filing to completed service: 1 to 4 weeks
- Response or default period: 3 to 5 weeks
- Clerk processing and judicial review: 6 to 16 weeks
Paperwork errors are the single biggest source of delay. A rejection from the clerk adds 2 to 6 weeks. Some clerk's offices issue a "deficiency notice" with a checklist; you fix the items and resubmit. The judge never sees your case until the clerk's office decides the package is complete and technically correct.
No mandatory waiting period sits between separation and filing for a no-fault divorce in New York, beyond the "at least six months" of irretrievable breakdown you allege in the complaint. You don't have to be legally separated first.
Compare that to New Jersey, which also offers uncontested divorce but under different procedural rules. New Jersey routes cases through the Family Part of the Superior Court and uses its own form set. New York and New Jersey share the no-fault option but split hard on paperwork and court structure. New Jersey requires a final hearing in most cases; New York generally doesn't for uncontested filings [5].
How do children and custody work in a New York uncontested divorce?
If you have minor children, a judge will not sign the Judgment of Divorce until child support and custody are spelled out and the support amount either meets the Child Support Standards Act (CSSA) formula or gives a written reason for going lower [6]. The court answers to the children, not to the two adults' handshake deal.
New York's CSSA sets child support as a percentage of combined parental income up to a cap. The cap was $163,000 as of the 2022 statutory update, but it adjusts periodically, so check the current figure with the Office of Temporary and Disability Assistance [6]. The percentages:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 35% for five or more children
If your combined income clears the cap, the court can apply the formula to income above it or run a needs-based analysis instead.
For custody, you and your spouse can agree to joint legal custody (shared decision-making) with either joint or primary physical custody. The agreement has to be specific: which parent the children live with on school nights, the holiday schedule, how you handle decisions about medical care and school.
You cannot waive child support in a settlement agreement and expect a judge to sign it. The court's duty to the children stands apart from whatever two adults negotiate. You can agree to amounts above the statutory minimum, and courts generally accept that.
How is property divided in a New York uncontested divorce?
New York is an equitable distribution state under DRL Section 236 [1]. Equitable doesn't mean equal. It means fair, weighed against factors like the length of the marriage, each spouse's income and earning power, and contributions to marital property.
In an uncontested divorce, you and your spouse decide what's fair and write it into a settlement agreement. A judge won't second-guess a reasonable agreement between two adults. A judge will reject an agreement that seems to waive maintenance for a spouse who might then land on public assistance, or one that cuts off child support.
Marital property covers almost everything acquired during the marriage: the family home, retirement accounts, investment accounts, business interests, and debt. Separate property (owned before marriage, or received as an individual gift or inheritance during the marriage) stays with its owner, as long as it hasn't been commingled.
Retirement accounts need special handling. To split a 401(k) or pension without triggering taxes and penalties, you need a Qualified Domestic Relations Order (QDRO). The QDRO is a separate court order, prepared after the Judgment of Divorce is signed, and sent straight to the retirement plan administrator. Botch a QDRO and the receiving spouse can lose thousands to unnecessary taxes. If you have a real retirement account to divide, this is the one place most DIY filers should bring in a specialist.
The marital home usually goes one of three ways: one spouse buys out the other, you sell and split the proceeds, or (less common in a divorce) you keep it jointly for a set period, often until the children finish school.
What is a settlement agreement and do you need one?
A settlement agreement (also called a stipulation of settlement or marital settlement agreement) is a contract between the two spouses that lays out every term of the divorce. In New York it gets folded into the Judgment of Divorce, which makes it enforceable as a court order.
You need one if you have any of these: joint property, joint debt, retirement accounts, a business, maintenance, or children. Which is to say, almost everyone needs one.
The agreement should cover who gets the house and how the mortgage gets handled, how retirement accounts split (and whether a QDRO is needed), credit card and loan debt allocation, maintenance amount and duration if any, and the full parenting and child support arrangement.
A properly drafted settlement agreement is the document courts are most likely to enforce years later when a dispute flares up. Generic templates pulled off the internet often miss New York-specific requirements, like the language incorporating the Child Support Standards Act calculation or the recitation required to waive maintenance. Get the language right the first time and you save yourself a fight down the road.
What happens after the divorce judgment is signed?
Once the clerk hands you the signed Judgment of Divorce, the marriage is legally over. The administrative work isn't.
Get at least three certified copies of the judgment from the clerk. Certified copies run a small per-page fee, typically $8 to $10 per copy in New York [3]. You'll need them to:
- Change your name on your Social Security card (the Social Security Administration accepts a certified copy) [7]
- Update your driver's license at the DMV
- Close or separate joint bank and investment accounts
- Transfer the deed on real property per the settlement agreement
- Submit the QDRO to the retirement plan administrator
- Update beneficiary designations on life insurance and retirement accounts
Don't skip the beneficiary designations. A divorce judgment does not automatically strip an ex-spouse off a life insurance policy or IRA. You have to update those forms yourself, with each institution, one at a time.
If name restoration is in your judgment, you can use it to get a new passport too. The State Department accepts a certified divorce judgment as proof of a name change [8].
Revisit your estate plan while you're at it. A will you signed during the marriage doesn't automatically become invalid in New York, though Estates, Powers and Trusts Law Section 5-1.4 does revoke certain bequests to a former spouse [9]. Review it anyway. Relying on a statute to guess your intentions is a bad plan.
How does a New York uncontested divorce compare to New Jersey?
Live near the state line or moved recently? Then it's worth knowing how these two processes split apart.
New Jersey's uncontested divorce runs through the Family Part of the Superior Court, not a Supreme Court. New Jersey also allows no-fault divorce under the "irreconcilable differences" ground, which works much like New York's irretrievable breakdown standard [5].
The biggest procedural gap: New Jersey typically requires a final hearing even for uncontested divorces. A judge or hearing officer sees the parties in person, though the appearance is brief, often under 10 minutes. New York generally requires no court appearance at all in an uncontested case where the paperwork is clean.
Filing fees are structured differently. The New Jersey complaint filing fee was $300 as of recent court schedules, somewhat higher than New York's $210 index number fee [5].
Residency rules diverge too. New Jersey requires at least one spouse to have lived in the state for at least one year before filing, with no exception for marriages that took place in New Jersey [5]. New York's rules are more varied, with several paths to meet residency as laid out above.
For a real side-by-side, the core question is which state you're actually eligible to file in. If both are open, most people pick based on where they live now.
Where can you get free help filing in New York?
The New York courts run self-help centers at courthouses around the state. Staff answer procedural questions, review forms for obvious deficiencies, and point you to resources. They can't give legal advice, but they can tell you your UD-7 is missing a required line [2].
The New York State Courts Access to Justice Program keeps resources built for self-represented litigants. The DIY (Do-It-Yourself) Forms program on the court website walks you through questions and pre-fills the UD forms from your answers [2]. For a clean, simple case, this tool alone gets most people to a signed judgment.
Legal aid organizations in each county offer free or low-cost help for people who meet income guidelines. The Legal Aid Society in New York City [10] and regional legal services groups across the state handle family law, divorce included.
If your case involves domestic violence, contact a local domestic violence organization before you file. Safety planning matters, and some counties have special procedures to keep your address off public court documents.
For a straightforward case with no contested issues, the court's DIY forms program plus the free self-help centers cover most questions. DivorceClear's $149 document packet is worth a look if you want professionally assembled documents with built-in accuracy checks, without paying attorney rates for what's mostly document preparation. That said, the court's own free tools are genuinely good for simple cases, and I'd start there.
The laws divorce overview covers how New York's rules fit the broader national picture if you want that context.
Frequently asked questions
How long do you have to be separated before filing for divorce in New York?
There's no mandatory separation period for a no-fault divorce in New York under DRL 170(7). You just allege the marriage has broken down irretrievably for at least six months. No legal separation agreement is required first. You can file as soon as both spouses agree on all terms and the six-month breakdown period has passed.
Can you file for uncontested divorce in New York without a lawyer?
Yes. New York courts openly support self-represented litigants with free official forms and self-help centers at courthouses. The process is paperwork-heavy but the steps are clear. Cases without children, significant assets, or retirement accounts are the simplest. If a QDRO is needed to split a retirement account, hiring a specialist for that one document is usually worth it.
What is the filing fee for a divorce in New York?
The index number fee to open a divorce case in New York Supreme Court is $210. Depending on your county, you may also owe a $95 Request for Judicial Intervention fee and a $30 Note of Issue fee. Total court fees typically run between $210 and $335. Certified copies of the final judgment cost roughly $8 to $10 per copy.
Does New York require a court hearing for an uncontested divorce?
Generally no. If your paperwork package is complete and accurate, a judge reviews it in chambers and signs the Judgment of Divorce without calling you in. This is one of the main advantages of the New York uncontested process over states like New Jersey, which typically require a brief final hearing even for uncontested cases.
What grounds do most people use for divorce in New York?
Most uncontested divorces in New York use the no-fault ground under DRL Section 170(7): irretrievable breakdown of the marriage for at least six months. New York added this ground in 2010, and it has dominated ever since. Fault-based grounds still exist but are rarely necessary and only add complexity.
How do I serve divorce papers on my spouse in New York?
You cannot serve your own spouse. Someone over 18 who is not a party to the case must serve the Summons. Or, if your spouse is cooperating, they can sign an Acknowledgment of Service (included in the UD-3 form) in front of a notary. The signed UD-3 removes the need for a process server and saves $50 to $150.
Can I change my name back as part of a New York divorce?
Yes. Request name restoration in your Verified Complaint and it lands in the Judgment of Divorce. Once you have a certified copy, use it to update your Social Security card through the SSA, then your driver's license through the DMV, then your passport through the State Department. The certified judgment is the key document for each step.
What happens to the house in a New York uncontested divorce?
You and your spouse decide in the settlement agreement. Common options: one spouse buys out the other's equity and refinances the mortgage into their own name, you sell and divide the proceeds, or you agree to sell at a future date (like when the youngest child turns 18). Whatever you agree to has to be specific, because that document becomes the court order.
Do I need a settlement agreement if we don't have kids or property?
If you truly have no joint property, no joint debt, no retirement accounts to split, and no children, some courts accept the affidavit forms alone. But even in a bare-bones case, a short settlement agreement stating there's no property or support to divide protects you later. It stops either spouse from coming back to claim something got overlooked.
How does child support get calculated in a New York uncontested divorce?
New York uses the Child Support Standards Act formula. The basic percentages of combined parental income are 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. The formula applies up to a statutory cap that adjusts periodically. Courts won't approve a settlement that waives child support below the statutory amount without a written explanation.
How long does an uncontested divorce take in New York?
Most pro se uncontested divorces in New York close in 3 to 6 months from filing to signed judgment. High-volume counties like Kings and New York County often run toward the longer end. Paperwork errors are the most common cause of delay; a single rejection notice from the clerk can add 2 to 6 weeks. Correct, complete filings move fastest.
What county do I file my divorce in New York?
File in the Supreme Court of the county where either spouse currently lives. If you live in different counties, you choose. No rule forces you to file where you married or where you last lived together. Most people file in the county where the plaintiff (the filing spouse) resides.
What is the difference between an uncontested and contested divorce in New York?
An uncontested divorce means full agreement on every issue before filing. A contested divorce means at least one issue is in dispute and needs a judge to decide. Contested cases involve motion practice, discovery, and often trial. They cost far more (attorney fees of $10,000 to $50,000 or more are common) and take years rather than months. See the divorce rate in america data for context on how common each path is.
Is a New York uncontested divorce the same as a New Jersey uncontested divorce?
No. Both states allow no-fault uncontested divorce, but the court systems, forms, and procedures differ. New Jersey uses the Family Part of Superior Court, requires a brief final hearing in most cases, and has a one-year residency requirement. New York uses Supreme Court, rarely requires a hearing for uncontested filings, and offers multiple residency paths including a two-year continuous residency rule.
Sources
- New York State Legislature, Domestic Relations Law: DRL Section 170(7) no-fault ground; DRL Section 230 residency requirements; DRL Section 236 equitable distribution
- New York State Unified Court System, DIY Divorce Forms and Self-Help: Official free uncontested divorce forms UD-1 through UD-11 and self-help center locations
- New York State Unified Court System, Court Fees: $210 index number fee, $95 RJI fee, $30 Note of Issue fee, certified copy fees
- Legal Services NYC, Family Law Resources: Attorney fee range for uncontested divorce in New York ($1,500 to $5,000)
- New Jersey Courts, Divorce and Dissolution of Marriage: New Jersey uncontested divorce uses Family Part of Superior Court, requires final hearing, $300 complaint filing fee, one-year residency requirement
- U.S. Social Security Administration, Change of Name: SSA accepts a certified copy of a divorce judgment as proof of legal name change
- U.S. Department of State, Passports: State Department accepts a certified divorce judgment as proof of a legal name change for a passport
- New York State Legislature, Estates Powers and Trusts Law Section 5-1.4: EPTL 5-1.4 revokes certain bequests and fiduciary appointments in favor of a former spouse after divorce
- The Legal Aid Society, New York City: Free family law services including divorce for income-eligible New York City residents