An uncontested divorce in New York runs on a standardized packet of numbered forms published by the state Unified Court System, filed together with a signed settlement agreement and $335 in mandatory court fees. Every New York uncontested divorce form is available as a free PDF on NYCourts.gov, either as a bundled packet or individually, and most counties accept electronic filing through the NYSCEF system.1New York Courts. Forms
Before the Forms: Residency and Grounds
The court will not accept your packet unless you meet one of New York’s residency rules. Either spouse living in New York continuously for at least two years before filing is the simplest path. A one-year residency works if you married in New York, lived together as spouses in New York, or the grounds for divorce arose in the state. If both spouses currently live in New York and the grounds arose here, there is no minimum residency period.2New York State Senate. New York Domestic Relations Law 230 – Required Residence of Parties
Almost every uncontested filing uses the no-fault ground: the marriage has broken down irretrievably for at least six months, stated under oath by one spouse.3New York State Senate. New York Domestic Relations Law 170 – Action for Divorce The court will not grant that divorce until every financial and custody issue is resolved, which is why the settlement agreement matters as much as the forms.
Forms That Start the Case
You open the case with either Form UD-1 (Summons With Notice) or Form UD-2 (Summons and Verified Complaint). Most uncontested filers use UD-2 because it lays out the full factual basis at once: the date and location of the marriage, the names and birth dates of children under 21, the grounds, and the specific relief requested.4New York State Unified Court System. Verified Complaint Form UD-2 If you already have a written settlement agreement, reference it in the complaint so the court knows the terms you want incorporated into the judgment.
Before you begin filling anything out, gather your marriage certificate, both spouses’ Social Security numbers, income documentation for both parties, and any written settlement agreement. The packet includes an instruction booklet that walks through each form.
Forms That Handle Service and the Defendant’s Response
Your spouse must receive formal notice of the action. Someone other than you who is at least 18 years old must personally deliver the summons within New York State. If personal delivery is not possible after diligent effort, state rules allow leaving the papers with a person of suitable age at the spouse’s home or workplace and mailing a copy within 20 days.
When formal service is used, the server completes Form UD-3, the Affirmation of Service, documenting date, time, location, and method under penalty of perjury.5New York State Unified Court System. New York State Supreme Court Form UD-3 – Affirmation of Service of Summons
In a cooperative uncontested case, formal service is often unnecessary. Your spouse can sign Form UD-7, the Affirmation of Defendant, acknowledging receipt of the papers, waiving the 20- or 30-day response period, and consenting to placing the case on the uncontested calendar immediately.6New York State Unified Court System. Form UD-7 – Affirmation of Defendant This is the fastest way to move an uncontested case forward. If you are filing under the no-fault ground, UD-7 is also where the defendant confirms that all economic issues have been resolved.
Sworn Affirmations and Financial Worksheets
Form UD-6, the Sworn Affirmation of Plaintiff, is your testimony to the court. It covers the residency requirement you meet, the grounds for divorce, and whether you have addressed any barriers to remarriage. The judge treats UD-6 as the evidentiary foundation for the case, so every checkbox and date matters.7New York State Unified Court System. Form UD-6 – Sworn Affirmation of Plaintiff
If a clergyperson or minister officiated your wedding, you also complete Form UD-4, the Sworn Statement of Removal of Barriers to Remarriage. This confirms you have taken every step in your power to remove any religious restrictions preventing your spouse from remarrying.8New York State Unified Court System. Sworn Statement of Removal of Barriers to Remarriage The requirement comes from DRL § 253, which defines “barrier to remarriage” to include any religious or conscientious restraint imposed by the principles of the officiant.9New York State Senate. New York Domestic Relations Law DOM 253
Three financial worksheets carry the numbers the court needs to verify support:
- Form UD-8(1), the annual income worksheet, documents each spouse’s earnings.
- Form UD-8(2), the maintenance guidelines worksheet, walks through the statutory spousal support formula.
- Form UD-8(3), the child support worksheet, calculates the obligation based on combined parental income and the number of children.10New York State Unified Court System. Child Support Worksheet Form UD-8(3)
Even when you and your spouse have already agreed on support amounts, the court requires the completed worksheets to confirm the agreement is consistent with state guidelines or to see why you have deviated from them.
Forms That Produce the Final Judgment
Two forms finish the packet. Form UD-10, Findings of Fact and Conclusions of Law, records the legal basis for the ruling.11New York State Unified Court System. Form UD-10 – Findings of Fact and Conclusions of Law Form UD-11, the Judgment of Divorce, is the court order that actually dissolves the marriage. You submit both pre-filled with the rest of the packet. The judge signs them only after the review of everything else is complete.
The Settlement Agreement
The forms do not stand on their own. Without a signed settlement agreement, you do not have an uncontested case. The agreement must address every financial and parenting issue between you: property division, debt allocation, child support, spousal maintenance, custody and visitation, and health insurance. Both spouses must sign it before a notary.12New York State Unified Court System. Introduction to Uncontested Divorce Instructions
If your agreement sets child support at an amount different from the state guidelines, it must include specific acknowledgments: that both parties know about the Child Support Standards Act, that they received the CSSA chart if unrepresented, that they know the guideline amount, and that they have explained why they chose a different figure. Judges review this closely and can reject a child support agreement that skips these acknowledgments.
How to File and What It Costs
You can file the completed packet in person at the County Clerk’s office or electronically through NYSCEF, which is available for uncontested cases in most counties and lets you track your case online. When you e-file, the Matrimonial Support Office reviews the packet and uploads a court notice with instructions for placing the case on the calendar.13New York State Unified Court System. E-Filing of Uncontested Divorce Cases With Children or Without Children
The index number fee is $210, paid when you file the initial papers; this number identifies the case for its entire duration.14New York State Senate. New York Code CVP 8018 – Index Number Fees of County Clerks Later, when the case is ready for judicial review, a $125 Note of Issue fee places it on the court’s calendar.15New York Courts. Filing Fees Together the mandatory court fees total $335. Process server and notary costs are additional.
If you cannot afford the fees, CPLR § 1101 lets you file an affidavit explaining your income, assets, and inability to pay; the clerk’s office has the form. If the judge approves the application, all filing and service fees are waived. If the application is denied, you have 120 days to pay before the case is dismissed. Representation by a legal aid organization triggers an automatic waiver without a judge’s approval, as long as the organization certifies you are financially eligible.16New York State Senate. New York CVP 1101 – Motion to Waive Costs, Fees, and Expenses
What Happens After You File
Once your complete packet is submitted with fees paid, the Matrimonial Support Office or a court referee reviews everything for completeness and legal sufficiency. The reviewer checks that residency and grounds are properly documented, that the financial worksheets match your settlement agreement, and that child support and maintenance either comply with state guidelines or include adequate justification for any departure.
If something is missing or inconsistent, you receive a deficiency notice listing what needs correction. Most uncontested cases hit their delays here. Common problems are mismatched income figures between the worksheets and the settlement agreement, missing notarizations, and incomplete child support acknowledgments.
When the paperwork passes review, the judge signs UD-10 and then UD-11. The divorce is not final until the County Clerk enters the signed judgment into the public record. After entry, you must serve a copy of the judgment on the defendant, and you receive a certified copy as permanent proof the marriage is dissolved.
Timelines vary by county. Most uncontested divorces in New York take roughly three to six months from filing to final judgment, with heavier-caseload counties trending longer. Filing electronically and submitting a complete, error-free packet is the best way to keep things moving.
Resuming a Prior Surname
Every New York divorce judgment must include a provision allowing either party to resume a premarriage surname or any other former surname.17New York State Senate. New York Domestic Relations Law DOM 240-a The provision is automatic and costs nothing extra. If you want to resume a prior name, make sure your Verified Complaint and Judgment of Divorce reflect the request. Once the judgment is entered, the certified copy is the legal document you use to update your name with the Social Security Administration, DMV, banks, and other institutions. Handling this inside the divorce is far simpler than filing a separate name-change petition afterward.