Divorce in New York, start to finish
See a different stateNew York
New York at a glance
- You file before your spouse knows. New York has you buy the index number ($210) and file with the court before service. The case exists as a court file first.
- Serve within 120 days of filing. The step table on this page lists the forms for each stage.
- A religious-barrier affidavit (UD-4) applies in some cases, which most states do not have.
- E-filing through NYSCEF is optional for unrepresented litigants, who must opt in. Paper is still accepted over the counter.
- Every form links to the official PDF.
Every figure is from the sections below and carries its source. Sources last checked 14 September 2026. Spot something out of date? See our corrections or email hello@thecusp.app.
New York does something almost no other state does: you buy your case’s index number and file it with the court before your spouse is served — the case exists as a court file before they know anything. Everything downstream — deadlines, disclosure, a religious-barrier affidavit most states don’t even have — flows from that one filing. This is the order, the deadlines, and the traps, mapped to New York’s actual rules.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in New York, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Uncontested Divorce (UD) — where the defendant signs UD-7
This is the route where both of these are true:
- There is a complete written agreement covering property and debt, and, where there are minor or unemancipated children under 21, custody and support.
- The defendant will sign the Affirmation of Defendant (UD-7) rather than be formally served.
Uncontested Divorce (UD) — where the defendant is served
CPLR 306-b
This is the route where:
- Everything is already agreed, and the defendant is not contesting — but they will not sign onto the case before being served.
Contested
This is the route where either of these is true:
- The terms are not fully settled.
- The other spouse is contesting, or won’t cooperate at all.
Grouped exactly as New York labels them, and nothing is added. Every one links to the official PDF.
All routes 4 forms
Uncontested 11 forms
- UD-4 — Sworn Statement of Removal of Barriers to Remarriage — required if you married in a religious ceremony, unless your spouse waives it in writing
- UD-5 — Affirmation of Regularity
- UD-6 — Sworn Affirmation of Plaintiff
- UD-8(1) — Annual Income Worksheet
- UD-9 — Note of Issue — file three copies
- UD-10 — Findings of Fact and Conclusions of Law
- UD-11 — Judgment of Divorce
- UD-12 — Part 130 Certification
- UD-14 — Notice of Entry
- UD-15 — Affirmation of Service by Mail of the Judgment of Divorce
- DOH-2168 — Certificate of Dissolution of Marriage — Dept. of Health, not a court form
Uncontested (where the defendant is served) and contested 1 form
- UD-3 — Affirmation of Service — your process server completes this after they’re served
Uncontested — children under 21 7 forms
- UD-8(3) — Child Support Worksheet — required even if the amount is already agreed
- UD-8a — Support Collection Unit Information Sheet
- UD-8b — Qualified Medical Child Support Order
- UCS-840M — Matrimonial Addendum to your RJI (children under 18)
- UCS-111 — Child Support Summary Form
- NGM — Notice of Guideline Maintenance — serve with your summons
- CSSC — Child Support Standards Chart — serve with your summons
Uncontested — where spousal maintenance is requested 1 form
- UD-8(2) — Maintenance Guidelines Worksheet
If you have children under 18: a parenting class may be ordered court order
- A New York judge may order both parents to attend a certified Parent Education and Awareness Program in a divorce, separation, annulment, custody or visitation case (22 NYCRR 144.3). The order must name both parents, who may not attend the same class session, and it cannot delay your case. A judge will not order it where there is a history or specific allegation of domestic violence or other abuse, and a parent who is a victim of domestic violence may opt out. Programs may charge a fee, which is capped by the court system’s guidelines and reduced or waived for hardship (22 NYCRR 144.5). Unlike Florida or Illinois, this is not required in every case, so it depends on your judge.
Uncontested — where the defendant does not sign UD-7 1 form
- SNW — Statement of Net Worth — only if either of you serves a written demand, or a preliminary conference is set
Uncontested — where the defendant signs UD-7 1 form
- UD-7 — Affirmation of Defendant — your spouse signs this instead of being formally served
You may e-file, but you do not have to
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in New York.
- Portal
- New York State Courts Electronic Filing System (NYSCEF)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- Only if the unrepresented litigant affirmatively opts in. Under 202.5-bb(e)(1) the clerk must first explain the choices in plain language; participation is by the litigant's own request.
- Worth knowing
- New York's two-track structure is the one most often misdescribed. Even in a county where matrimonial e-filing is MANDATORY, an unrepresented spouse is exempt by rule and files on paper unless they ask to participate — and the clerk is required to explain that choice in plain language first. The exemption survives in both the mandatory (202.5-bb) and consensual (202.5-b) programs.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency and pick your grounds | UD-2 | — |
| 2 | Buy your index number and file — before anyone is served | UD-1aUD-2 | $210 |
| 3 | Serve your spouse 120-day deadline | UD-7 | — |
| 4 | Handle the barriers-to-remarriage requirement, if it applies | UD-4 | — |
| 5 | Wait out the 40-day period, or get it waived | None named | — |
| 6 | Exchange financial disclosure, if it’s demanded 10–20 days | None named | — |
| 7 | Assemble and file your Note of Issue packet | UD-11UD-13UD-10UD-6UD-9UD-7UD-5 | $125 |
| 8 | The judge reviews and signs — usually without a hearing | None named | — |
| 9 | Serve the Notice of Entry and close it out | UD-15UD-14 | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Index number fee, County Clerk (statewide) | $210 |
| Request for Judicial Intervention $95 + note of issue $30, paid when you submit your papers | $125 |
| Service of process, private process server | $40–$75 |
| Service of process, county sheriff (where available) | ~$40 |
| Remote online notary session, for form UD-4 | ~$25 |
| Certified copy of your Judgment of Divorce, County Clerk | ~$8–$10 |
| Court fees in total, uncontested divorce (index number $210 + RJI $95 + note of issue $30) | $335 |
| Typical all-in, doing it yourselves | ~$385–$460 |
The short version8 points · tap one to jump to it
- The residency tests, and the tracks they open — New York has one gate that matters more than any other: residency.
- Every form New York publishes for a divorce — Every form here is free, from the New York Unified Court System.
- Getting the forms and filling them in — Every New York UD form is free, most are fillable on screen, and — unlike a lot of what you'll read online — you no longer need a notary for most of them.
- Your deadlines, calculated — Everything in a New York uncontested divorce runs off two dates: the day you bought your index number and filed, and the day your spouse was actually served.
- The order it actually happens in
- The rejection-proofing checklist — CPLR 306-b doesn't bend. If 120 days pass from the day you filed and your spouse still hasn't been served (or hasn't signed the Affirmation of Defendant), your case is dismissed for failure to prosecute — not paused, dismissed.
- Financial disclosure — the Statement of Net Worth — New York's financial disclosure document is the sworn Statement of Net Worth (DRL §236(B)(4)) — due within 20 days of a written demand, 10 days after joinder of issue if nobody demanded one, and again 10 days before any preliminary conference the court schedules.
- What this costs — New York's Poor Person relief (CPLR §1101) can waive the index number fee, note of issue fee, and service costs.
In this subject 8
1 · The residency tests, and the tracks they open
The short version8 points · tap one to jump to it
- The residency tests, and the tracks they open — New York has one gate that matters more than any other: residency.
- Every form New York publishes for a divorce — Every form here is free, from the New York Unified Court System.
- Getting the forms and filling them in — Every New York UD form is free, most are fillable on screen, and — unlike a lot of what you'll read online — you no longer need a notary for most of them.
- Your deadlines, calculated — Everything in a New York uncontested divorce runs off two dates: the day you bought your index number and filed, and the day your spouse was actually served.
- The order it actually happens in
- The rejection-proofing checklist — CPLR 306-b doesn't bend. If 120 days pass from the day you filed and your spouse still hasn't been served (or hasn't signed the Affirmation of Defendant), your case is dismissed for failure to prosecute — not paused, dismissed.
- Financial disclosure — the Statement of Net Worth — New York's financial disclosure document is the sworn Statement of Net Worth (DRL §236(B)(4)) — due within 20 days of a written demand, 10 days after joinder of issue if nobody demanded one, and again 10 days before any preliminary conference the court schedules.
- What this costs — New York's Poor Person relief (CPLR §1101) can waive the index number fee, note of issue fee, and service costs.
In this subject 8
New York has one gate that matters more than any other: residency. Get that wrong and there’s no filing to fix — the case can’t exist yet. Past that gate, New York publishes a free, self-represented Uncontested Divorce packet — the “UD” forms — built for cases where everything is already agreed. Everything else runs on the contested track, which this DIY kit doesn’t cover.
Residency. Only one of these four tests has to be met: (1) either spouse has lived in New York continuously for the last two years; (2) either spouse has lived in New York for the last year, and the marriage took place here, the couple lived here as a married couple, or the grounds for divorce happened here; (3) the grounds happened in New York and both spouses live here now; or (4) the marriage took place in New York and the couple lived here, and either spouse has lived here continuously for at least a year.
Filing before one of those four tests is met doesn’t get fixed with better paperwork. The court lacks jurisdiction to hear the case at all, and it gets dismissed.
Uncontested Divorce (UD) — where the defendant signs UD-7
The fastest route New York offers. Where the defendant signs the Affirmation of Defendant (UD-7) voluntarily, formal service of process is skipped entirely — the papers are handed or mailed to them, they sign UD-7, and the case can move straight toward filing the Note of Issue without waiting out the 40-day period.
This is the route where both of these are true:
- There is a complete written agreement covering property and debt, and, where there are minor or unemancipated children under 21, custody and support.
- The defendant will sign the Affirmation of Defendant (UD-7) rather than be formally served.
New York’s two-step structure catches people out: the case exists the moment the index number is bought and the papers are filed — before the other spouse signs anything. That is step one, not step two.
Uncontested Divorce (UD) — where the defendant is served
CPLR 306-b
Where the defendant won’t sign onto the case up front, the summons has to be formally served — and that has to happen within 120 days of filing (CPLR 306-b), or the case is dismissed. Once served, a cooperative defendant can still sign the Affirmation of Defendant (UD-7) afterward and waive the 40-day waiting period. Where they never respond, the case can eventually move forward on their default.
This is the route where:
- Everything is already agreed, and the defendant is not contesting — but they will not sign onto the case before being served.
The Statement of Net Worth enters this route only where either spouse serves a written demand for it, or a preliminary conference is set.
Contested
New York’s free DIY Uncontested packet is built for cases where everything is already agreed. Where the terms aren’t settled yet, or the other spouse is contesting or won’t cooperate at all, the case runs on the contested track instead: motions, a preliminary conference, and a contested Request for Judicial Intervention. The very first step — buying the index number and filing — works the same for every case in New York, so that part of this guide still applies.
This is the route where either of these is true:
- The terms are not fully settled.
- The other spouse is contesting, or won’t cooperate at all.
Where custody, a business, hidden assets, or domestic violence is involved, a lawyer is worth talking to before anything is filed. Where it is really one sticking point, mediation is often far cheaper than litigation and can turn a case back into an uncontested one.
2 · Every form New York publishes for a divorce
The complete UD packet, not a shortlist — because which forms are needed depends on facts only you and, if you need one, your lawyer can weigh. Every form here is free, from the New York Unified Court System. Each row says which route it belongs to and carries the revision date clerks check.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how New York handles divorce, and every form below is published free by New York itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a New York family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| UD-1a | Summons | All routes | — | Download |
| UD-2 | Verified Complaint — this is where you state your grounds | All routes | 12/23/25 | Download |
| UD-7 | Affirmation of Defendant — your spouse signs this instead of being formally served | Uncontested — where the defendant signs UD-7 | 3/1/26 | Download |
| UD-3 | Affirmation of Service — your process server completes this after they’re served | Uncontested (where the defendant is served) and contested | 12/23/25 | Download |
| UD-4 | Sworn Statement of Removal of Barriers to Remarriage — required if you married in a religious ceremony, unless your spouse waives it in writing | Uncontested | 12/23/25 | Download |
| UD-5 | Affirmation of Regularity | Uncontested | 12/23/25 | Download |
| UD-6 | Sworn Affirmation of Plaintiff | Uncontested | 3/1/26 | Download |
| UD-8(1) | Annual Income Worksheet | Uncontested | — | Download |
| UD-8(2) | Maintenance Guidelines Worksheet | Uncontested — where spousal maintenance is requested | 3/1/26 | Download |
| UD-8(3) | Child Support Worksheet — required even if the amount is already agreed | Uncontested — children under 21 | 3/1/26 | Download |
| UD-8a | Support Collection Unit Information Sheet | Uncontested — children under 21 | — | Download |
| UD-8b | Qualified Medical Child Support Order | Uncontested — children under 21 | — | Download |
| UCS-840M | Matrimonial Addendum to your RJI (children under 18) | Uncontested — children under 21 | — | Download |
| UCS-111 | Child Support Summary Form | Uncontested — children under 21 | — | Download |
| SNW | Statement of Net Worth — only if either of you serves a written demand, or a preliminary conference is set | Uncontested — where the defendant does not sign UD-7 | — | Download |
| UD-9 | Note of Issue — file three copies | Uncontested | — | Download |
| UD-10 | Findings of Fact and Conclusions of Law | Uncontested | — | Download |
| UD-11 | Judgment of Divorce | Uncontested | — | Download |
| UD-12 | Part 130 Certification | Uncontested | — | Download |
| UD-13 | Request for Judicial Intervention (RJI) — on the contested track it is the contested version | All routes | — | Download |
| NAO | Notice of Automatic Orders — serve this with your summons, don’t file it alone later | All routes | — | Download |
| NGM | Notice of Guideline Maintenance — serve with your summons | Uncontested — children under 21 | — | Download |
| CSSC | Child Support Standards Chart — serve with your summons | Uncontested — children under 21 | — | Download |
| UD-14 | Notice of Entry | Uncontested | — | Download |
| UD-15 | Affirmation of Service by Mail of the Judgment of Divorce | Uncontested | — | Download |
| DOH-2168 | Certificate of Dissolution of Marriage — Dept. of Health, not a court form | Uncontested | — | Download |
Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale.
3 · Getting the forms and filling them in
Nobody explains this part, so here it is. Every New York UD form is free, most are fillable on screen, and — unlike a lot of what you’ll read online — you no longer need a notary for most of them.
You may e-file, but you do not have to Your choice
- Portal
- New York State Courts Electronic Filing System (NYSCEF)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- Only if the unrepresented litigant affirmatively opts in. Under 202.5-bb(e)(1) the clerk must first explain the choices in plain language; participation is by the litigant's own request.
- Worth knowing
- New York's two-track structure is the one most often misdescribed. Even in a county where matrimonial e-filing is MANDATORY, an unrepresented spouse is exempt by rule and files on paper unless they ask to participate — and the clerk is required to explain that choice in plain language first. The exemption survives in both the mandatory (202.5-bb) and consensual (202.5-b) programs.
Step one — download them free
New York’s statewide Uncontested Divorce (“UD”) forms live here, at no cost:
nycourts.gov — Uncontested Divorce Information and Forms
Don’t reuse a saved copy or one a friend sent you. Several UD forms were revised effective 12/23/2025 and again 3/1/2026, and clerks reject superseded versions. The revision date is printed on the form itself.
Step two — fill them in on screen
Most UD forms are fillable PDFs. Open them in Adobe Acrobat Reader, Preview, or a browser, type into the fields, and save. Type everything — clerks reject handwritten forms more often than typed ones. Fill in every field, writing “N/A” where something doesn’t apply rather than leaving it blank, and use the exact same legal name on every single document.
New York’s own packet is pre-sorted for exactly this: the Joint Divorce version of the UD forms comes in a “with children” and a “without children” bundle that pre-selects which forms you both need and lets you file together. If that’s your situation, start there — it’s effectively New York’s version of a guided DIY tool.
Step three — notarizing, and the part that changed recently
Here’s what almost nobody explains, because it’s new: as of a January 1, 2024 amendment to CPLR 2106, most of these forms no longer need to be sworn before a notary at all. You can sign them as a statutory affirmation — a specific sentence stating you’re signing “under the penalties of perjury under the laws of New York” — instead. The Verified Complaint (UD-2), the Sworn Affirmation of Plaintiff (UD-6), and the Affirmation of Defendant (UD-7) can all be signed this way now. A notarized version is still accepted if you’d rather.
The Sworn Statement of Removal of Barriers to Remarriage still has to be signed in front of an actual notary public, because it’s governed by a separate statute — DRL §253 — that the 2024 change doesn’t touch. Sign UD-4 as an unnotarized affirmation the way you might with UD-2 or UD-6, and expect it bounced.
New York made Remote Online Notarization permanent at the end of 2021, and it’s fully legal for UD-4. You do it by video call — show government ID, answer identity-verification questions, sign electronically, and the notary applies their seal. It takes about fifteen minutes.
| Service | Typical cost | |
|---|---|---|
| Proof (formerly Notarize) | ~$25 first seal, $10 each additional | Open ↗ |
| BlueNotary | ~$25 per session | Open ↗ |
| OneNotary | ~$25 first seal | Open ↗ |
| NotaryCam | ~$25 per session | Open ↗ |
| Notarize with your bank | Usually free for account holders | walk in |
| County Clerk’s office | Small fee | in person |
Whether you’re using a notary or the new statutory affirmation, the date on the document matters. A form dated before the event it’s certifying — or signed the night before “just to get it done” — is the kind of thing a clerk catches on the second read.
Step four — file them, and buy your index number first
New York works backwards from almost every other state: you buy your case’s index number and file your Summons with the County Clerk before you serve your spouse — not after. $210 buys the index number. File your Summons (UD-1a) and Verified Complaint (UD-2) with it, and the clerk stamps a return bearing your county’s index number. That number goes on every form you file from here forward. Your spouse doesn’t need to know any of this has happened yet — they find out when you serve them, which can be any time in the next 120 days.
New York’s e-filing system, NYSCEF, is consensual for matrimonial cases, not mandatory — and self-represented filers are specifically exempt from the e-filing rules that bind attorneys. You can file entirely on paper at the County Clerk’s office, or opt in if your county participates. Once you consent to e-file, though, you’re generally locked into it for the rest of the case.
4 · Your deadlines, calculated
Everything in a New York uncontested divorce runs off two dates: the day you bought your index number and filed, and the day your spouse was actually served. Put them in and we’ll turn every rule into an actual date on your calendar — then add the whole thing to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that get New York filings bounced, or worse, block your judgment entirely.
Signing and notarizing
CPLR 306-b doesn’t bend. If 120 days pass from the day you filed and your spouse still hasn’t been served (or hasn’t signed the Affirmation of Defendant), your case is dismissed for failure to prosecute — not paused, dismissed. You’d buy a new index number and file all over again. Calendar this the moment you file, not the moment you remember.
Forms people forget
Timing
No judgment can be entered without the barriers-to-remarriage statement if it applies to you. DRL §253 makes this a hard stop, not a formality — and the clergy member who married you can submit a sworn statement contradicting yours and block the judgment even after the fact, as long as they’re alive and available. And your grounds have to be pled precisely: checking “irretrievable breakdown” under DRL §170(7) means stating it has persisted for at least six months — vaguer language gets your Verified Complaint kicked back.
7 · Financial disclosure — the Statement of Net Worth
New York’s financial disclosure document is the sworn Statement of Net Worth (DRL §236(B)(4)) — due within 20 days of a written demand, 10 days after joinder of issue if nobody demanded one, and again 10 days before any preliminary conference the court schedules. In a fully joint, nothing-contested case with no preliminary conference and no demand, you may never have to file one — but keep everything below ready, because either spouse can trigger the deadline at any time by serving a demand.
Under DRL §236(B)(4) the Statement of Net Worth must be subscribed and sworn — or, since the 2024 change to CPLR 2106, submitted as a statutory affirmation instead. Either way, treat every number in it as testimony: it can be used against you later if it doesn’t match what you disclose anywhere else in the case.
8 · What this costs
| Item | Cost |
|---|---|
| Index number fee, County Clerk (statewide) | $210 |
| Request for Judicial Intervention $95 + note of issue $30, paid when you submit your papers | $125 |
| Service of process, private process server | $40–$75 |
| Service of process, county sheriff (where available) | ~$40 |
| Remote online notary session, for form UD-4 | ~$25 |
| Certified copy of your Judgment of Divorce, County Clerk | ~$8–$10 |
| Court fees in total, uncontested divorce (index number $210 + RJI $95 + note of issue $30) | $335 |
| Typical all-in, doing it yourselves | ~$385–$460 |
New York’s Poor Person relief (CPLR §1101) can waive the index number fee, note of issue fee, and service costs. If your household income is at or below roughly 200% of the federal poverty guidelines — or you already receive Medicaid, SNAP, or SSI — you likely qualify. File the Poor Person application with the County Clerk when you file your case. Details: nycourts.gov — Fee Waivers (Poor Person’s Relief).
Does cheating change the money in New York?
The statute says nothing either way, which is not the same as permission. What we read: § 236B(6)(e)(1) reaches dissipation, not adultery. How all fifty states answer this.
Reconciled, and it did not work? In New York that has a legal name and it can bar the ground outright: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to New York’s own process, built from the Domestic Relations Law (including DRL §170, §236(B)(4), and §253), CPLR 306-b, CPLR 320, CPLR 2106, CPLR 1101, 22 NYCRR Part 144, and the New York Unified Court System’s Uncontested Divorce (“UD”) forms and instructions. The forms themselves are free from nycourts.gov and this guide links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what New York requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. Many offer free consultations, and one hour of advice is cheaper than one mistake.
Free alternatives you should know about. If you and your spouse agree on everything, New York’s own “Joint Divorce” UD packet (with-children and without-children versions) is built for exactly that and is free at nycourts.gov. Several county clerks — and NY CourtHelp’s Uncontested Divorce guide — publish excellent free step-by-step instructions. If that fully covers your situation, use it; you don’t need us.
Four things can happen to the house in a New York divorce
New York is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in New York?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about New York specifically. Every figure on these pages is quoted from New York’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Check your state’s rules in one place (modification checker)
- Changing custody or parenting time
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 26 New York divorce forms, listed by the number the clerk will ask for — 26 with an official form number, 26 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the New York form list →
Common questions about filing for divorce in New York
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in New York?
This page sets out the order it happens in for New York: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in New York?
The form list on this page gives the official New York form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in New York?
$210 to open the case ($335 in court fees in total for an uncontested divorce, once the $95 RJI and $30 note of issue are added), and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for New York, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in New York.
What gets a New York divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in New York rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in New York?
There is a timeline on this page built from New York’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
New York’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in New York?
Probably not, but for a different reason than you might think: New York’s support statute contains no misconduct factor at all. Silence is not permission and it is not a prohibition — seventeen states are in this position, and in them the written rule simply does not address it. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
No minor children
| Step | When | What it means |
|---|---|---|
| Index number purchased & case filed | The day you file | This is when your New York case legally begins — before your spouse knows anything. Every deadline below counts from this date or from service. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their response clock starts now, and so does your 40-day waiting period. |
| Their deadline to appear or answer | 20 days after service | CPLR 320 — 20 days if served personally within New York, 30 days if served outside the state or by another method. |
| Statement of Net Worth due, if nobody demanded one earlier | 30 days after service | DRL §236(B)(4) — 10 days after joinder of issue. If either of you serves a written demand instead, it’s due within 20 days of that demand — whichever comes first for you. |
| Earliest you can put the case on the court’s calendar | 40 days after service | The 40-day waiting period from service runs out here. You can skip straight to this point if your spouse signs the Affirmation of Defendant (UD-7) and waives it. |
| DEADLINE — serve your spouse | 120 days after filing | CPLR 306-b. Miss this and the case is dismissed for failure to prosecute — you’d have to buy a new index number and start over. |
With minor children
| Step | When | What it means |
|---|---|---|
| Index number purchased & case filed | The day you file | This is when your New York case legally begins — before your spouse knows anything. Every deadline below counts from this date or from service. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their response clock starts now, and so does your 40-day waiting period. |
| Their deadline to appear or answer | 20 days after service | CPLR 320 — 20 days if served personally within New York, 30 days if served outside the state or by another method. |
| Statement of Net Worth due, if nobody demanded one earlier | 30 days after service | DRL §236(B)(4) — 10 days after joinder of issue. If either of you serves a written demand instead, it’s due within 20 days of that demand — whichever comes first for you. |
| Earliest you can put the case on the court’s calendar | 40 days after service | The 40-day waiting period from service runs out here. You can skip straight to this point if your spouse signs the Affirmation of Defendant (UD-7) and waives it. |
| File your Note of Issue with child support forms attached | 40 days after service | Once your matter can go on calendar, file the Note of Issue (UD-9) with the Child Support Worksheet (UD-8(3)) and the Matrimonial RJI Addendum (UCS-840M) attached. |
| DEADLINE — serve your spouse | 120 days after filing | CPLR 306-b. Miss this and the case is dismissed for failure to prosecute — you’d have to buy a new index number and start over. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Erie County (call to confirm)Kings CountyMonroe County (call to confirm)Nassau County (call to confirm)New York CountyQueens County (call to confirm)Suffolk CountyWestchester CountyErie County Call or check the court website to confirm
Erie is in the Eighth Judicial District, which the state hub says offers contested and uncontested divorce forms, a Help Center, the Children Come First program, mediation and parenting coordination, and an Expedited Matrimonial Part in Erie. The district Help Center can be reached at (716) 845-1816; Erie’s filing steps and e-filing could not be verified, so check with the clerk.
Who to contact: 8th Judicial District Court Help Center (716) 845-1816; no street address on page.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Kings County
Kings handles divorces through the Matrimonial Office at 360 Adams St, 10th Floor North, open 9 AM to 5 PM on court days, and offers an Uncontested Divorce DIY program. Motions and orders to show cause cost $45, someone else dropping off or picking up your papers needs a notarized authorization, and a postcard lets the court notify you when the judgment is signed.
Who to contact: Matrimonial Office, 360 Adams St, 10th Floor North, Brooklyn, NY 11201; email on page is obscured; no phone on page.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Monroe County Call or check the court website to confirm
Monroe is not on the state divorce hub. The Seventh Judicial District’s e-filing page says e-filing is currently consensual (optional) for matrimonial matters in Monroe and four neighboring counties, and lists the Supreme and County Court Clerk’s Office at (585) 371-3758. Monroe’s other local procedures, fees and forms could not be verified, so check with the clerk.
Who to contact: Supreme and County Court Clerk’s Office (585) 371-3758.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Nassau County Call or check the court website to confirm
Nassau filings go through a Matrimonial Center in Mineola (516-493-3444) with dedicated matrimonial parts, and the state hub lists Nassau checklists and the Children Come First program. The center page shows two addresses (101 and 400 County Seat Drive), and its fees, e-filing and local rules could not be read, so check with the clerk.
Who to contact: Matrimonial Center, 516-493-3444; 101 County Seat Dr, 3rd Fl (page also lists 400 County Seat Dr, 2nd Fl), Mineola, NY 11501.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
New York County
Manhattan uncontested divorces are e-filed through NYSCEF: you file the summons and pay $210, serve the defendant, wait at least 40 days (or until the defendant returns an affidavit), then file the remaining papers starting with the Note of Issue and a $125 fee. Filers who need a fee waiver start in person at 60 Centre St, Help Center, Room 116, and full Social Security numbers must be included unredacted; the instructions are dated 2020-2021, so confirm they are current.
Who to contact: Matrimonial Support Office, Supreme Court, 60 Centre St, New York, NY 10007; Help Center Room 116 (phone not listed).
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Queens County Call or check the court website to confirm
Queens has its own matrimonial office, reachable at 718-298-0950, and the state hub lists a reduced-fee mediation program for cases already in court. The county’s filing steps, fees and e-filing rules could not be read, so check with the clerk.
Who to contact: Queens Supreme Civil matrimonial office 718-298-0950 (per contact page).
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Suffolk County
Suffolk is not on the state divorce hub. Its e-filing protocol excludes matrimonial matters from mandatory e-filing and lets unrepresented litigants file on paper. The County Clerk does not track pending divorces (call the Supreme Court Chief Clerk at 631-740-3852), and divorce papers are released only to the parties, their attorneys and a few others; Suffolk’s uncontested filing steps could not be verified.
Who to contact: Suffolk County Clerk (631) 852-2000; Supreme Court Chief Clerk 631-740-3852 for pending case status.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Westchester County
Westchester has a Matrimonial Part with its own rules and instructions for filing an uncontested judgment packet, and e-filing is voluntary in that part. The court runs a free Uncontested Divorce Clinic, currently for married people without children, and lists a matrimonial coordinator (914-824-5337) and clerks for each presiding judge.
Who to contact: Matrimonial Coordinator Rosemary Palladino 914-824-5337; part clerks 914-824-5165, 5822, 5364, 5396; supervising judge Hon. Victor Grossman.
Local rules · Local forms · Court website
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in New York? Any adult 18 or older who is not a party; not you. Deadline: 120 days. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find New York in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
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How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?