Sample packet ยท New York

A sample New York divorce packet

This is what we put in front of someone who is about to start a New York divorce without a lawyer: which route applies, which forms go with which answers, what happens in what order, what it costs, and three worksheets to fill in before any meeting. If you work with people going through a divorce, you can print it and hand it over as it is. Sections 1 to 4 come from our New York guide, the New York divorce kit, where each figure carries its source. Sources last checked 14 September 2026, so check current fees before you quote a number to anyone.

The Cusp is not a law firm and cannot say which forms are right for a particular case. This packet shows the structure New York’s own rules set; it is not advice.

1. Which route

Residency comes first. Only one of four tests has to be met: either spouse has lived in New York continuously for the last two years; either spouse has lived here for the last year and the marriage took place here, the couple lived here as a married couple, or the grounds happened here; the grounds happened here and both spouses live here now; or the marriage took place here and the couple lived here, and either spouse has lived here continuously for at least a year. Filing before a test is met cannot be fixed with better paperwork; the court lacks jurisdiction and the case is dismissed.

RouteWhen it appliesWhat is different
Uncontested, defendant signs UD-7A complete written agreement covers property and debt and, where there are children under 21, custody and support; the defendant will sign the Affirmation of Defendant (UD-7) instead of being served.No formal service. The case can move toward the Note of Issue without waiting out the 40-day period.
Uncontested, defendant is servedEverything is agreed and the defendant is not contesting, but will not sign before being served.The summons must be served within 120 days of filing (CPLR 306-b) or the case is dismissed. A cooperative defendant can still sign UD-7 afterward.
ContestedTerms are not fully settled, or the other spouse is contesting or will not cooperate.Not covered by the free uncontested packet or by our kit.

2. Forms that depend on the answers

IfForms
Every routeUD-1a summons; UD-2 verified complaint (where grounds are stated); UD-13 request for judicial intervention; NAO notice of automatic orders, served with the summons
UncontestedUD-4 (required if married in a religious ceremony, unless the spouse waives it in writing); UD-5; UD-6; UD-8(1) income worksheet; UD-9 note of issue (three copies); UD-10; UD-11 judgment; UD-12; UD-14; UD-15; DOH-2168 (Department of Health, not a court form)
Defendant is servedUD-3 affirmation of service, completed by the process server
Children under 21UD-8(3) child support worksheet (required even if the amount is agreed); UD-8a; UD-8b; UCS-840M (children under 18); UCS-111; NGM and CSSC, served with the summons
Maintenance requestedUD-8(2) maintenance guidelines worksheet
Written demand for financial disclosure, or a preliminary conference is setSNW statement of net worth
Defendant signsUD-7 affirmation of defendant

With children under 18, a judge may order both parents to a certified parent education program (22 NYCRR 144.3). It is not required in every case, so it depends on the judge.

3. The order it happens in

StepNotesCost
Confirm residency and pick groundsUD-2None named
Buy the index number and file, before anyone is servedUD-1a, UD-2$210
Serve the spouse120-day deadline; or UD-7 signedPrivate server $40 to $75; sheriff about $40 where available
Barriers to remarriage, if it appliesUD-4Remote online notary about $25
Wait out the 40-day period, or get it waivedNone named
Exchange financial disclosure, if demanded10 to 20 daysNone named
File the Note of Issue packetUD-11, UD-13, UD-10, UD-6, UD-9, UD-7, UD-5$125 (request for judicial intervention $95 plus note of issue $30)
Judge reviews and signs, usually without a hearingNone named
Serve the Notice of Entry and close outUD-15, UD-14Certified copy of the judgment about $8 to $10

Court fees in total for an uncontested divorce: $335 (index number $210, request for judicial intervention $95, note of issue $30). Typical all-in when doing it yourselves: about $385 to $460. Poor Person relief (CPLR 1101) can waive the index number fee, the note of issue fee and service costs.

The e-filing choice. Unrepresented litigants may e-file through NYSCEF but do not have to. Even in a county where matrimonial e-filing is mandatory, an unrepresented spouse is exempt by rule and files on paper unless they opt in, and the clerk must first explain the choice in plain language. Paper is still accepted over the counter.

4. What we could not settle for you

Which forms a specific case needs depends on facts only the person and their lawyer know. Download every form fresh, because clerks reject superseded revisions. Several steps list no cost or form that the state names, and we have not estimated them. Contested cases are outside this packet. The financial disclosure statement (SNW) is 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.

5. Sample worksheets

These three are sample prep sheets from The Cusp’s planning tools, shortened to one page each. They are examples of the format, not New York court forms, and they are not filed with any court.

Document inventory

DocumentWhere it isHave it?Notes
Last 3 years of tax returns
Recent pay stubs
Bank, brokerage and retirement statements
Mortgage and property records
Credit card and loan statements
Insurance policies

Two-household monthly budget

ItemToday (one household)After: meAfter: spouse
Housing
Utilities
Food
Transportation
Insurance and health
Children
Debt payments
Total

Meeting prep sheet

Question for the meetingAnswer or next step
What do I most need decided first?
What deadlines am I already facing?
What am I unsure I can afford?
What documents am I still missing?

Sources last checked 14 September 2026. Spot something out of date? Email hello@thecusp.app. Full source list: the New York divorce kit.

What would you change? Reply with the two edits that would make this more useful to you: hello@thecusp.app.