Understand the divorce process in New York, learn which court papers you may need, and compare your filing options.
Online document preparation can help with forms. Court filing, service when required, and the final Judgment of Divorce are separate steps.
We may earn a commission if you use the linked document preparation service.
Before you file
The paperwork and filing process depend on your circumstances. Start with these four points.
Divorce cases are handled in New York Supreme Court.
New York offers different residence requirements depending on your connection to the state.
Uncontested cases require the applicable issues to be resolved before judgment.
A judge must sign the Judgment of Divorce. Filling in a questionnaire does not end a marriage.
New York court paperwork
The forms depend on how you start your case, whether your spouse agrees, and whether children or financial arrangements are involved. New York also has a separate packet for eligible couples filing jointly.
UD-1 Summons with Notice or UD-1a Summons may be used to begin a traditional case. UD-2 Verified Complaint sets out the request for divorce.
How filing worksUD-3 Affirmation of Service records applicable service steps. UD-7 Affirmation of Defendant may be used when your spouse agrees and the form applies to your case.
About uncontested divorceThe filing packet can include UD-9 Note of Issue and UD-11 Judgment of Divorce, along with additional forms required for the circumstances of your case.
See the divorce papers guideNew York's uncontested joint-divorce procedure uses a different group of forms. The correct packet also depends on whether you have children. Don't substitute traditional UD forms for the joint packet without checking the court's instructions.
Official New York divorce forms and instructions are available free from the New York Courts. Filing fees may still apply.
The filing process
These are the broad stages of a traditional uncontested divorce. Joint divorce uses a different filing procedure.
Check residency requirements and the applicable ground for divorce.
Address property, debts, maintenance, and children-related questions that apply.
Complete the correct court papers and follow the required filing and service steps.
The judge reviews the submitted papers and, if approved, signs the final judgment.
Know the difference
New York has more than one procedure for agreed cases. The documents and starting steps depend on the option you use.
One spouse begins the case using a Summons with Notice or a Summons and Complaint. The process includes the relevant filing and service requirements.
Read about uncontested divorceEligible spouses agree on the necessary issues and file together using the approved joint divorce packet. This route has different procedures.
Read about joint divorceFrequently asked questions
Answers about online divorce, filing costs, court forms, residency, and uncontested cases.
You may prepare New York divorce forms using an online document service. Filing with the court is a separate task. NYSCEF permits electronic filing of matrimonial matters in authorized counties under the applicable rules. The court may still require service, additional forms, and further steps before reviewing the case. An online questionnaire does not finalize a divorce. A judge must grant the divorce and sign the Judgment of Divorce.
The New York Courts instruction booklet lists at least $335 in standard court filing fees for an uncontested divorce, including the $210 index number fee and $125 in additional filing charges. Filing a settlement agreement, getting certified copies, and other requirements may add expenses. Fees and local procedures should be confirmed with the County Clerk. Those who cannot afford court fees may qualify for a waiver. A paid document preparation service is a separate expense.
Start by reviewing the residency requirements, grounds, and forms that apply to your situation. For a traditional uncontested divorce, one spouse generally starts the case by filing a Summons with Notice or a Summons and Complaint. The plaintiff must then meet applicable service and court submission requirements. Eligible spouses who want to file together may consider the joint divorce procedure. The New York Courts uncontested divorce overview gives public instructions.
New York has several residency routes rather than one rule for every couple. One spouse may meet the requirement after living continuously in New York for at least 2 years. A 1-year period may apply when the marriage or the grounds have a qualifying connection to the state. A further option applies when both spouses live in New York at filing and the grounds arose there. The correct rule depends on your circumstances, so review the state requirements before submitting papers.
New York does not impose a universal 6-month waiting period beginning on the filing date. The no-fault ground requires an irretrievable breakdown of the marriage for at least 6 months, and the required financial and child-related matters must be resolved before judgment. How quickly an uncontested divorce ends depends on service or consent rules, the completeness of the filing packet, and the court's schedule. No online provider can guarantee when a judge will sign the judgment.
An uncontested divorce means the necessary issues are not disputed. New York's joint divorce option is a particular procedure for eligible spouses who agree on the required terms and file the approved joint forms together. A traditional uncontested case normally begins when one spouse files and follows the relevant service process. The New York Courts joint divorce instructions explain which packet applies.
New York Courts provides official uncontested divorce forms and instructions at no cost. The proper packet depends on the filing route and details such as children under 21. Traditional forms may include UD-1 Summons with Notice, UD-2 Verified Complaint, and UD-11 Judgment of Divorce. The joint divorce process uses separate forms. Use the official uncontested divorce forms page to review current documents before filing. Court fees may still apply.
A short eligibility check covers your New York filing situation, including residency and whether your case is agreed. It is free to check. Document preparation, court filing, and a final judgment are separate steps.
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Divorce Online New York provides general information only. It is not a law firm and does not provide legal advice or representation. Official New York divorce forms are available for free from the courts. Optional document preparation services may charge fees, and court filing fees are separate.
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