An uncontested divorce in New York is a checklist job: confirm residency, agree in writing on every financial and custody issue, complete the state’s Uncontested Divorce Packet, file and serve the papers, and submit the signed package for a judge to review. Court filing fees total about $335, and most cases finish without either spouse appearing in court. Miss a form or a signature, though, and the whole package comes back.
Before You File
Residency
New York will only grant a divorce if at least one spouse meets the residency rules in Domestic Relations Law Section 230. One year of continuous residency is enough if you married in New York, lived here together as a married couple, or if the grounds for divorce arose in the state. Without one of those connections, the filing spouse needs two full years of continuous New York residency.1New York State Senate. New York Domestic Relations Law 230 – Required Residence of Parties A temporary absence for work or travel does not necessarily break continuity, but an extended move to another state can. Only one spouse needs to satisfy the threshold.
Grounds
Nearly every uncontested case uses the no-fault ground: irretrievable breakdown of the relationship for at least six months, stated under oath by one spouse. The court accepts it without proof of wrongdoing.2New York State Senate. New York Domestic Relations Law 170 – Action for Divorce There is a catch built into the statute: the judge cannot grant a no-fault divorce until every financial and custody issue is resolved by agreement or by court determination. Your settlement agreement is not a formality. Without it, the no-fault ground does not work.
County
Divorces are handled exclusively in Supreme Court. The plaintiff can designate a county where either spouse lives. Filing where you reside keeps clerk interactions simple; if minor children are involved, filing where the children live helps the court manage custody and support matters.
What You and Your Spouse Must Agree On
The uncontested process only works when both spouses agree on every financial and parental issue before filing. Three categories have to be covered.
Property and Debt
New York follows equitable distribution: marital property is divided fairly, not automatically 50/50. Marital property includes anything acquired during the marriage regardless of whose name is on it — real estate, bank accounts, retirement funds, vehicles, business interests — and marital debts like credit card balances and mortgages must also be allocated.3New York State Senate. New York Domestic Relations Law 236 – Special Controlling Provisions Property owned before the marriage, inherited separately, or received as a personal gift generally stays with the original owner. In an uncontested divorce you decide the split yourselves, but the agreement still has to hold up under the equitable distribution framework.
Child Support
If you have minor children, child support follows the Child Support Standards Act formula. The combined parental income (up to $193,000) is multiplied by a fixed percentage based on the number of children:4New York State Unified Court System. Child Support Worksheet Form UD-8(3)
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more: at least 35%
Each parent’s share is proportional to their percentage of the combined income. Above $193,000, the court has discretion to apply the same percentages, weigh additional factors, or cap the calculation. The agreement also has to address health insurance for the children and how educational and child-care expenses will be shared.5New York State Senate. New York Domestic Relations Law 240 – Custody and Child Support If you agree to deviate from the formula, the settlement must show what the guidelines would have produced and explain why you chose a different amount.
Spousal Maintenance
Spousal maintenance has its own statutory guideline, calculated on the payor’s income up to $241,000 as of March 2026, with separate formulas depending on whether the payor is also paying child support to the same spouse.6New York State Unified Court System. Notice of Guideline Maintenance Duration follows an advisory schedule tied to how long you were married.7New York State Senate. New York Domestic Relations Law DOM 236 – Special Controlling Provisions In an uncontested case you can follow the guideline, deviate from it, or waive maintenance entirely. Whatever you choose, the agreement should spell out the exact amount, payment schedule, and end date.
The Settlement Agreement
Everything you’ve agreed on goes into a written settlement agreement, sometimes called a separation agreement or stipulation of settlement. Both spouses sign it before a notary public. This is where most do-it-yourself divorces stall. A judge reviewing the agreement has to confirm it covers every required issue, so vague language like “we’ll split the retirement accounts” will not pass. Use exact dollar amounts, account numbers, and a clear statement of who gets what. If child support deviates from the formula, include the guideline calculation and the reason for the deviation.
The Forms You’ll File
The New York State Unified Court System publishes a standardized Uncontested Divorce Packet with every required form. You can download it from the court system’s website or pick it up at the Supreme Court Clerk’s office in your county.8New York Courts. Uncontested Divorce Information and Forms The core forms:
- Summons With Notice (UD-1), used to start the action without a separate complaint; alternatively, a Summons and Verified Complaint (UD-2) if you want to lay out the details up front.9New York State Unified Court System. Instructions for Summons With Notice
- Sworn Statement of Removal of Barriers to Remarriage (UD-4), required only if the marriage was performed by a religious officiant.10New York State Unified Court System. Sworn Statement of Removal of Barriers to Remarriage Form UD-4
- Affirmation of Plaintiff (UD-6), the plaintiff’s sworn statement covering the marriage, the grounds, and a summary of the settlement.
- Affirmation of Defendant (UD-7), signed by the defendant to acknowledge the divorce, confirm the settlement terms, and waive the right to contest.11New York State Unified Court System. Affirmation of Defendant in Action for Divorce Form UD-7
- Affirmation of Regularity (UD-5), certifying that each procedural step was followed.
- Child Support Worksheet (UD-8(3)), required whenever there are minor children.
- Judgment of Divorce (UD-11), submitted blank for the judge to sign.
To restore a prior surname, check the appropriate box on the Judgment of Divorce. New York law lets each spouse resume a former surname as part of the decree, but only if the judgment includes that provision. Adding it later means going back to court.12New York State Senate. New York Domestic Relations Law 240 – Custody and Child Support – Section 240-a
Filing, Serving, and Finalizing
The case formally opens when the plaintiff buys an Index Number from the County Clerk. The fee is $210, and the number is the permanent case identifier.13New York State Unified Court System. Application for Index Number
Next comes service of process. The papers must be delivered by someone who is not a party to the case and is at least 18 years old.14FindLaw. New York Civil Practice Law and Rules 2103 You cannot hand the summons to your spouse yourself. A professional process server typically charges $95 to $150; any eligible adult can also do it. The server then completes a proof-of-service affidavit.
After being served, the defendant has 20 days to respond if the papers were personally handed to them, or 30 days if service was completed through an alternative method such as delivery to a person of suitable age at the defendant’s home. In a cooperative case, the defendant simply signs the UD-7 and returns it. If the defendant does not respond, the plaintiff can eventually proceed by default, but that adds delays.
Once the signed UD-7 is in hand, the plaintiff assembles the full package: every form above, the settlement agreement, any child support worksheet, and the proposed Judgment of Divorce. This gets filed with the court along with the Note of Issue and Request for Judicial Intervention, which together carry a $125 filing fee. A judge or court referee reviews the whole submission for compliance. If anything is missing or inconsistent, the package comes back with a deficiency letter. If everything checks out, the judge signs the Judgment of Divorce, it is filed with the County Clerk, and the marriage is officially dissolved. From filing to judgment usually takes a few months, depending on county workload.
If You Can’t Afford the Fees
The $335 in combined filing fees ($210 Index Number plus $125 calendaring) can be waived through a Poor Person’s Relief application. You submit an affirmation documenting your income, bank accounts, property, and debts, along with proof such as pay stubs, tax returns, or benefit award letters.15New York State Unified Court System. Instructions for Fee Waiver Application The waiver covers only court filing fees. It does not cover process server fees, court reporter costs, or transcript charges. If the court denies the application, you have 120 days to pay or the case is dismissed.
After the Judgment Is Signed
Signing the judgment ends the marriage. It does not automatically execute the terms of your agreement. A few follow-ups matter.
Retirement Accounts
If your agreement divides a 401(k), pension, or similar employer-sponsored retirement plan, you need a Qualified Domestic Relations Order (QDRO) to actually transfer the funds. The QDRO is a separate court order that directs the plan administrator to split the account. Without it, the administrator has no authority to release any portion to the non-employee spouse. Drafting and plan approval can take weeks or months, so start promptly.
Real Estate and the Mortgage
Awarding the house to one spouse in the settlement does not transfer title. You need a deed, typically a quitclaim deed, signed by the spouse giving up their interest and recorded with the county clerk where the property sits. Transferring the deed also does not remove the other spouse from the mortgage. If both names are on the loan, the spouse keeping the house generally has to refinance to release the other from liability.
Health Insurance
Coverage under a spouse’s employer plan ends when the judgment is filed. If the employer has 20 or more employees, you can elect COBRA continuation coverage for up to 36 months. Notify the plan administrator within 60 days of the divorce; you will pay the full premium plus a 2% administrative fee.16U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers For employers with fewer than 20 workers, New York’s state continuation law provides a similar 36-month window at 102% of the plan cost.17New York Department of Financial Services. FAQ – COBRA Health Insurance Coverage You can also shop the New York State of Health marketplace; a divorce opens a special enrollment period.
Certified Copies
You will need certified copies of the Judgment of Divorce to update your driver’s license, passport, Social Security records, and financial accounts. The judgment itself, with the full terms, is on file with the County Clerk in the county where the plaintiff resided.18New York State Department of Health. Divorce Certificates Contact that clerk’s office for copies. The Department of Health issues a separate Divorce Certificate, but that document contains only basic information about the spouses and the date the marriage ended, not the settlement terms.