How Much Does an Uncontested Divorce Cost in NY?

An uncontested divorce in New York costs at least $335 in court filing fees. If you handle the paperwork yourself using the state court system’s free forms, the total usually lands between $400 and $500. Hire an attorney and the cost of an uncontested divorce in NY typically runs $1,800 to $7,000 or more, depending on whether children, real estate, or retirement accounts are in the picture.

The $335 in Court Fees Everyone Pays

Three payments to the county clerk make up the fixed floor. The first is $210 for an index number, the case identifier assigned when you file your initial papers.¹

The remaining $125 breaks down one of two ways depending on your county. In counties that require a Request for Judicial Intervention (the form that gets a judge assigned), you pay $95 for the RJI and then $30 for the Note of Issue when the case is ready for review. In counties where no RJI is required, you pay a single $125 Note of Issue fee.² Either way, the total is $335. The state’s uncontested divorce packets include the RJI form, so most filers should expect the $95-plus-$30 split.

If either spouse files a motion during the case, that carries an additional $45 fee per motion or cross-motion.¹ In a truly uncontested case this shouldn’t come up, but it can if a disagreement surfaces mid-process.

Filing It Yourself: $400 to $500 Total

The single biggest way to keep costs down is to skip hiring a lawyer. There is no legal requirement to have an attorney for an uncontested case, and the court system publishes free forms and instructions for self-represented filers.³

Two routes are available:

The DIY Uncontested Divorce Program, an online tool that generates your paperwork for you. It’s available if you have no children under 21 and your marriage has been over for at least six months.
The paper uncontested divorce packet, a downloadable set of fillable forms with instructions for couples with children under 21.⁴

You can also e-file through NYSCEF, the state’s electronic filing system, in counties that allow it for matrimonial cases.⁵

The court itself notes that speaking with an attorney before starting is “always a good idea.”³ If you have significant retirement accounts, real estate, or complicated custody arrangements, what you save by skipping legal help can be dwarfed by what you give up in a poorly drafted settlement agreement.

What an Attorney Costs

Attorney fees are the most variable line item. Most lawyers handling uncontested divorces in New York charge a flat fee, typically between $1,500 and $6,000. Cases at the lower end usually involve couples without children and limited shared assets. Add children, retirement accounts, a house, or a business, and the price climbs because the settlement agreement and related documents take more work to draft.

Some attorneys bill hourly instead, with rates generally running from $200 to more than $500 per hour. Hourly billing makes less sense for a straightforward uncontested divorce because the scope is predictable, but it can fit cases where unresolved issues may require back-and-forth negotiation. Location matters too. Attorneys in Manhattan and the surrounding boroughs charge more than those in upstate counties.

When a lawyer quotes a flat fee, the price typically covers preparing and filing all required court documents: the Summons with Notice or Summons and Verified Complaint, the Affidavit of Defendant, the settlement agreement, the Findings of Fact and Conclusions of Law, and the final Judgment of Divorce.⁶ It generally covers the case from initial filing through the judge signing the judgment. It usually does not cover new disputes that arise after filing, expert valuations of property, or post-judgment modifications.

Add-On Costs Most People Forget

Even in a clean uncontested case, several smaller expenses can appear:

Process server. Your spouse must be formally served with the divorce papers. If personal delivery is needed and you can’t arrange it yourself, a private process server typically charges $50 to $150 depending on location and difficulty.
Notarization. Several divorce forms require notarized signatures. New York caps notary fees at $2 per signature, so this cost is minimal.
Certified copies of the judgment. You’ll want these for name changes, refinancing, and other practical needs. Expect roughly $5 to $8 per copy.
QDRO preparation. If either spouse has a 401(k), pension, or similar retirement account that needs dividing, a Qualified Domestic Relations Order is required. Preparing one typically costs $550 to $600, and some attorneys charge more for complex plans.
Property appraisals. When the settlement involves real estate or other high-value property and the spouses can’t agree on value, a professional appraisal may be needed. Residential appraisals in New York generally run $300 to $500.

Fee Waivers If You Can’t Afford the $335

New York allows you to apply for a fee waiver if you can’t afford court costs. Under CPLR § 1101, you file an affidavit showing your income, assets, and any property you own, explaining that you lack the means to pay. The court can waive some or all court costs after reviewing your situation.⁷

If a legal aid society or other nonprofit legal services organization represents you, the waiver is automatic. No motion is required; the organization certifies that you can’t afford the fees, and the clerk waives them.⁷ If the court denies your waiver application, you have 120 days to pay before the case is dismissed.

Ways to Keep the Bill Down

The most effective cost-reduction strategy is also the most obvious: agree on everything before you file. Every unresolved issue pushes the case toward contested territory, and contested means expensive. If you and your spouse are close to agreement but stuck on one or two points, a mediator can bridge the gap for far less than two attorneys negotiating in parallel. Mediators typically charge by the session or by the hour, and a few sessions may be all you need.

If full attorney representation is beyond your budget but the DIY route feels risky, limited scope representation is a middle ground. You hire an attorney for specific tasks, such as reviewing a settlement agreement you drafted, preparing the court forms, or advising you on how retirement accounts should be divided, and handle the rest yourself. You pay only for the pieces where legal expertise matters most.

Free legal help may be available for those who qualify. Several New York nonprofits offer divorce assistance on a sliding-scale or pro bono basis, and representation through those organizations automatically waives court filing fees.

Total Cost by Scenario

Here’s what the numbers look like in practice:

DIY with no complications. $335 in court fees, plus $50 to $150 for a process server and minor notary costs. Total: roughly $400 to $500.
Flat-fee attorney, no children or major assets. $1,500 to $3,000 in attorney fees plus $335 in court fees. Total: roughly $1,800 to $3,300.
Attorney, children, and retirement accounts. $3,000 to $6,000 or more in attorney fees, $335 in court fees, $550 to $600 for a QDRO, and possible appraisal costs. Total: roughly $4,000 to $7,000 or more.

The floor is low enough that cost alone shouldn’t stop anyone from filing, especially with fee waivers available. Where costs spike is when “uncontested” turns out to be aspirational. The moment one spouse disputes a term, the case can shift to contested proceedings, and the budget changes entirely.

1
New York State Unified Court System. Filing Fees
2
New York State Senate. New York Code CVP 8020 – County Clerks as Clerks of Court
3
New York State Unified Court System. Filing for an Uncontested Divorce
4
New York State Unified Court System. Uncontested Divorce Forms
5
New York State Unified Court System. E-Filing Through NYSCEF
6
New York State Unified Court System. Uniform Uncontested Divorce Packet Forms
7
New York State Senate. New York Civil Practice Law and Rules CVP 1101