You can file a DIY uncontested divorce in New York without hiring a lawyer if you and your spouse agree on every issue, you meet the residency rule, and you use the court system’s standardized forms. The minimum court cost is $335, split between a $210 index number at filing and a $125 Note of Issue fee when you submit final papers.1NYCOURTS.GOV. Matrimonial FAQs (Frequently Asked Questions) Divorce cases run through the Supreme Court in the county where either spouse lives.
Who Can File This Way
Two things have to be true before you start. First, residency. Under Domestic Relations Law Section 230, the simplest qualifier is two years of continuous New York residency by either spouse right before filing. That drops to one year if the marriage happened in New York, if the couple lived here as a married couple, or if the grounds for divorce arose in the state. One year also applies when both spouses are New York residents at filing and the grounds arose here.
Second, grounds. Almost every DIY filer uses the no-fault ground in DRL Section 170(7): a sworn statement that the marriage has been irretrievably broken for at least six months.2New York State Senate. New York Domestic Relations Law 170 The important catch is that a judge cannot sign a no-fault judgment until every financial and custody issue is resolved — property, debts, spousal maintenance, child support, and custody. If anything is still open, the case is not actually uncontested, and the judgment will not issue.
The Court’s Free Online DIY Program
New York runs a free online tool called the Uncontested Divorce DIY Program through its NY CourtHelp website. It asks you guided questions and fills in the forms for you. The program is open only to couples where both spouses are over 18, there are no children under 21, and all property and debt issues are already settled.3NYCourts.gov New York State Unified Court System. Uncontested Divorce – DIY Forms
Before you start, pull together your spouse’s full name, address, Social Security number, and phone number, your marriage certificate, and any existing settlement agreement or order of protection. If you plan to ask for a fee waiver, have your income, assets, and monthly expenses on hand too. The program prints a completed packet; you then sign and file it with the County Clerk.
Couples with children under 21 cannot use the online tool and must download the paper packet instead. The court system posts two versions on its website, one for cases with children and one without.4New York State Unified Court System. Uncontested Divorce Forms Each version comes with an instructional booklet. Read it before filling anything in. A misspelled name or an address that does not match the marriage certificate is enough to get the whole packet bounced by the clerk.
Opening the Case: Which Forms to File First
The packet gives you two ways to start. You can file a Summons with Notice (Form UD-1), which works when you already agree on everything and only need to notify your spouse formally. Or you can file a Summons (Form UD-1a) paired with a Verified Complaint (Form UD-2), which lays out the factual basis for the divorce in more detail.5New York State Unified Court System. Composite Uncontested Divorce Forms
Either route needs full legal names, the date and location of the marriage, Social Security numbers for both spouses, and details of any prior court orders. Cases involving children under 21 add a child support worksheet, custody paperwork, and each child’s address history for the past five years. The Verified Complaint also asks for each spouse’s health insurance plan name, ID number, and coverage type.
Filing Fees and How to Waive Them
You file the summons (with or without the Verified Complaint) at the County Clerk’s office in the county where either spouse lives. The clerk assigns an index number and charges $210 for it. The index number stays on every document going forward.6NYCourts.gov New York State Unified Court System. Filing for an Uncontested Divorce
When you later submit final papers, you pay a $125 Note of Issue fee. That brings the court-cost minimum to $335, not counting process server fees or certified copies.7NYCOURTS.GOV. Matrimonial FAQs
If you cannot afford the fees, apply for poor person relief under CPLR Section 1101. You submit a sworn statement listing your income, assets, property, and monthly expenses, and asserting that you cannot pay. The clerk’s office hands out the form where you pick up the summons. If a legal aid organization or nonprofit represents you, their attorney can certify your eligibility and the fees are waived automatically, no judge’s ruling needed.8New York State Senate. New York Civil Practice Law and Rules Law 1101 – Motion to Waive Costs, Fees, and Expenses
Automatic Orders That Bind Both Spouses at Filing
The second you file, automatic orders under DRL Section 236 take hold and stay in place until the final judgment is signed. Neither spouse can transfer, hide, or dissipate marital assets, take on unreasonable new debt, drop the other spouse or the children from health, dental, or hospital insurance, or change beneficiaries on life insurance or retirement accounts.5New York State Unified Court System. Composite Uncontested Divorce Forms Violating them opens you up to sanctions. The plaintiff gets notice of the orders at filing; the defendant gets them with the served papers.
Serving Your Spouse
Once you have an index number, you have to formally deliver the papers to your spouse. The person doing the serving must be at least 18 and not a party to the case. You cannot serve them yourself.9NY Courts. How to Serve Papers When Commencing an Action or Special Proceeding
Personal delivery to your spouse is the preferred method. If genuine attempts at personal service fail, the server can leave the papers with a person of suitable age at the home or workplace and then mail a copy by first-class mail. “Nail and mail” (affixing papers to the door) is a last resort in divorce cases, and serving through a designated agent is not allowed. Whoever serves must complete an Affidavit of Service documenting when, where, and how. Sloppy service is one of the fastest ways to lose a case.
If your spouse has genuinely disappeared and a diligent search turns up nothing, you can ask the court for permission to serve by publication in a newspaper for three consecutive weeks.10New York State Senate. New York Civil Practice Law and Rules Law R316 – Service by Publication
What Happens After Service
Your spouse has 20 days to respond if served in New York, or 30 days if served out of state.11NYCourts.gov New York State Unified Court System. Defendant’s Response in an Uncontested Divorce The cleanest path is for your spouse to sign an Affidavit of Defendant acknowledging service and waiving objection. If they sign, you can move to final papers right away. If they do nothing, you wait 40 days from the date of service and then file the rest of the packet.12NYCourts.gov New York State Unified Court System. Uncontested Divorce Overview
If your spouse files a Notice of Appearance or an Answer disputing any part of the case, the divorce becomes contested. The DIY packet no longer fits, and the court itself recommends getting a lawyer at that point.
What Your Settlement Agreement Has to Cover
Because no-fault requires every issue resolved, your written settlement agreement has to deal with property, debts, maintenance, and (if applicable) child support and custody. New York uses equitable distribution: marital property is divided fairly, not necessarily 50/50. Assets owned before the marriage or received as gifts or inheritance stay separate. Spell out specific bank accounts, real estate, vehicles, and debts by name.
Child Support
If you have children under 21, the agreement must include a child support calculation under the Child Support Standards Act. Fixed percentages apply to combined parental income up to a cap of $193,000, effective March 1, 2026:13New York State Office of Temporary and Disability Assistance. Child Support Standards Chart
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: at least 35%
Each parent’s share is proportional to income. Above the cap, the court can apply the same percentages or deviate based on the children’s needs and the parents’ finances.14NYCOURTS.GOV. What’s New in Matrimonial Legislation, Court Rules and Forms The order also has to address health insurance for the children and how unreimbursed medical costs are split.
Spousal Maintenance
New York has a formula for guideline maintenance that applies to the payor’s income up to $241,000, effective March 1, 2026.14NYCOURTS.GOV. What’s New in Matrimonial Legislation, Court Rules and Forms You and your spouse can agree to a different amount, including zero, but the settlement must state the guideline figure and explain any deviation. A judge reviewing the final papers will look for that acknowledgment.15New York State Senate. New York Domestic Relations Law 236
Retirement Accounts
Retirement accounts are marital property to the extent they grew during the marriage. If either spouse has a 401(k), pension, or similar employer plan, you need a Qualified Domestic Relations Order (QDRO) to transfer the other spouse’s share without triggering taxes or early withdrawal penalties.16Internal Revenue Service. Retirement Topics – QDRO Qualified Domestic Relations Order The QDRO is a separate document from the judgment, and most plan administrators have their own required format. Contact the plan administrator early for their model order. This is where DIY filers most often stumble.
Submitting Final Papers
After the waiting period passes, or after your spouse signs the Affidavit of Defendant, you file the rest of the packet with the County Clerk. The Note of Issue carries the $125 fee and gets you a calendar number for judicial review.7NYCOURTS.GOV. Matrimonial FAQs
The remaining documents include the Findings of Fact and Conclusions of Law, the proposed Judgment of Divorce, and the plaintiff’s sworn affirmation of the complaint. If children are involved, the child support worksheet and any custody agreement go in too. Keep everything internally consistent. If the settlement agreement says one thing and the proposed judgment says another, the judge sends it back.
Review timelines vary widely by county, from a few weeks to several months. The judge checks that every form is complete, that residency and grounds are satisfied, and that any child support figure follows the CSSA. If anything is off, you get the packet back with notes on what to fix.
When the judge signs, the clerk notifies the plaintiff, and you file the signed judgment with the County Clerk. The divorce is not final until that filing happens.
After the Judgment Is Signed
If you changed your name when you married and want a prior surname back, ask for that in the divorce judgment itself. The judgment then operates as a legal name change without a separate court proceeding.17NYCourts.gov. Marriage and Divorce – Name Change
Order at least one certified copy of the signed Judgment of Divorce from the County Clerk. You will need it to update identification, change beneficiaries, refinance property, and prove your marital status if you remarry. Certification fees run per page and vary by county. New York imposes no waiting period before remarriage once the judgment is filed.