How to File for Divorce in New York: A Step-by-Step Guide

To file for divorce in New York, you must meet the state’s residency requirements, have a legally recognized ground for divorce, and file the required papers in a county Supreme Court. You then must properly notify your spouse, resolve financial and parenting issues, and submit the documents needed for a judge to sign a Judgment of Divorce. An uncontested divorce generally has at least $335 in court filing fees, although eligible filers can request a fee waiver.

1. Do you meet New York’s divorce requirements?

Before preparing forms, check residency and grounds. Getting married in New York does not, by itself, mean you can immediately file there.

Residency requirements

You generally qualify if any one of these situations applies:

• Either spouse has lived in New York continuously for at least two years immediately before filing.
• You married in New York, and either spouse has lived in the state continuously for at least one year immediately before filing.
• You lived together as a married couple in New York, and either spouse has lived in the state continuously for at least one year immediately before filing.
• The grounds for divorce arose in New York, and either spouse has lived in the state continuously for at least one year immediately before filing.
• The grounds arose in New York, and both spouses live in New York when the case begins.

If you recently moved, lived in multiple states, or are relying on where the grounds arose, get legal advice before paying filing fees.

Grounds for divorce

The commonly used no-fault ground is that the marriage has broken down irretrievably for at least six months. At least one spouse must state this under oath.

You do not have to live separately for six months to use this ground. Also, the six-month requirement is not a waiting period that starts when you file.

Before a no-fault divorce can be granted, issues involving property, spousal support, attorney fees, and any applicable child custody, parenting time, and child support must be resolved by agreement or court determination. New York also recognizes fault and separation-based grounds, but those involve different proof requirements.

2. Will your divorce be uncontested or contested?

An uncontested divorce generally means your spouse does not oppose the divorce and there are no unresolved issues requiring a judge’s decision. Simply agreeing that the marriage should end is not enough.

Issue	Uncontested route	Contested route
Property and debt	Division is settled	Ownership, values, or allocation remain disputed
Spousal maintenance	Both agree on support or its waiver	Eligibility, amount, or duration is disputed
Children	Custody, parenting time, and support are resolved	One or more parenting or support issues remain open
Court process	Primarily document review, though appearances may be required	Conferences, financial disclosure, and possibly hearings or trial
Legal help	Review is useful even with agreement	Representation is especially valuable

A case can begin contested and later settle. Conversely, an expected uncontested divorce can become contested when a spouse receives the papers.

A spouse’s failure to respond may allow you to seek a default divorce, but it does not automatically grant everything you request. You still must prove proper service and provide the required evidence and paperwork.

If there is abuse, intimidation, hidden money, a business, or a pension, speak with an attorney before choosing a do-it-yourself approach.

3. Where do you file, and which forms do you need?

Only New York Supreme Court can grant a divorce. Despite its name, Supreme Court is the trial-level court handling divorce cases—not the state’s highest appellate court. Family Court can address certain support and custody matters, but cannot end your marriage.

A divorce is commonly filed in the county where either spouse lives. Confirm the proper county, known as venue, especially if both spouses live elsewhere but you believe you meet a residency exception.

Start with official court forms

Use the New York State Unified Court System’s divorce resources and official divorce forms. Read the instructions before filling anything out; the correct packet depends on your circumstances.

For an ordinary plaintiff-filed case, starting papers generally include:

• A Summons With Notice, or a Summons and Verified Complaint.
• The required Notice of Automatic Orders.
• The required Notice Concerning Continuation of Health Care Coverage.
• Other notices or documents required by the current packet and your circumstances, including the guideline-maintenance notice where applicable.

These are starting documents, not the entire divorce packet. Final judgment forms come later.

Court-provided guided tools have eligibility limits. In particular, New York’s simpler DIY route for divorces without children is generally intended for couples with no children together under 21, not merely no children under 18. Check the tool’s current eligibility questions.

Also check whether a joint uncontested filing procedure is available for your situation; its forms and sequence may differ from the traditional plaintiff-and-defendant process.

Gather information before you begin

Collect marriage details, addresses, existing court orders, income records, account statements, debts, retirement information, and children’s information. Use secure copies you are legally entitled to access.

Follow the forms’ privacy instructions. Do not put full Social Security numbers or financial account numbers into public-facing documents unless specifically required through the appropriate confidential process.

4. How do you submit the papers and pay the fees?

For a traditional divorce action, filing the starting papers and obtaining an index number begins the case. The index number identifies your case and belongs on later documents.

The index-number fee is $210. An uncontested divorce ordinarily involves another $125 in later filing fees, bringing the basic court-fee total to at least $335. Process servers, lawyers, copies, motions, and other expenses can add to that amount.

Electronic filing or paper filing

Check the county’s current matrimonial filing instructions and whether your case can use the New York State Courts Electronic Filing system, commonly called NYSCEF. Requirements and procedures can differ by county and case type.

Do not assume uploading documents also serves your spouse. Initial service has separate rules.

Keep copies of everything submitted, payment receipts, and any filing confirmations. Ask the clerk how to track the case and whether local forms are required. Clerks can explain procedures, but cannot advise you about which legal claims to make.

If you cannot afford the fees

Ask about a fee waiver, also called poor person relief, before paying. You will generally need information about income, assets, and expenses. Approval is not automatic, and the order determines which costs are waived; it does not automatically provide a free lawyer or cover every private expense.

5. How do you serve divorce papers in New York?

In a traditional divorce case, your spouse must receive legally sufficient notice. Handing over the papers yourself or sending an ordinary email usually does not satisfy initial service requirements.

Initial papers generally must be served within 120 days after filing. If you cannot meet that deadline, ask promptly about requesting an extension rather than assuming the court will overlook it.

Use a qualified server

Divorce starting papers ordinarily require personal delivery by someone who is at least 18 and is not a party to the case. For service within New York, the server generally must also be a New York resident. Different rules can apply outside the state.

A professional process server can help manage delivery and prepare an Affidavit of Service, which documents when, where, and how service occurred. File that proof as the instructions require.

If you cannot locate your spouse, or personal delivery is unsuccessful, ask about court-authorized alternative service. You cannot simply choose publication, social media, or another method without following the applicable rules and obtaining authorization when required.

Watch the response deadline

A defendant generally has 20 days to respond after personal service within New York, or 30 days in certain other service situations. The exact deadline and when it starts depend on the method and circumstances of service.

In an agreed case, your spouse may sign the court’s defendant affidavit or other authorized documents. Follow that procedure carefully rather than treating an informal promise not to contest as sufficient.

6. What happens while the divorce is pending?

Filing starts a legal process; it does not immediately divide property, establish a parenting schedule, or end the marriage.

Follow the automatic orders

New York divorce cases include automatic orders that generally bind the plaintiff upon filing and the defendant upon service. They restrict certain financial actions, including improper transfers of property, unreasonable new debt, and certain changes to insurance coverage or beneficiaries.

There are exceptions, including specified ordinary expenses and transactions. Read the actual notice before moving money, changing coverage, or making major purchases. If an action is necessary, ask whether written consent or court permission is required.

Resolve finances and parenting

An agreement should address applicable issues such as:

• Division of bank accounts, real estate, vehicles, and debts.
• Retirement benefits and any separate transfer orders needed.
• Spousal maintenance and health insurance arrangements.
• Custody, parenting time, and decision-making.
• Child support, health coverage, childcare, and other required expenses.

New York child support generally extends to age 21 unless an exception applies; custody rules and support rules do not use the same age cutoff. Special rules may also apply to support for certain adult children with disabilities.

Child support agreements must address statutory requirements. A private agreement to waive support is not automatically acceptable to the court.

Put settlement terms into a properly prepared written agreement. New York marital agreements have specific execution and acknowledgment requirements; casual signatures or email exchanges may not be enough.

If you disagree, the court may schedule conferences, require financial disclosure, and decide requests for temporary support or other relief. Negotiation can continue throughout the case.

7. How do you finalize your New York divorce?

For an uncontested case, submit the remaining judgment packet using the current instructions and county checklist. Depending on the case, this can include sworn statements, service or defendant-response documents, the settlement agreement, proposed findings, a proposed Judgment of Divorce, and child-related forms.

Missing signatures, incorrect calculations, and inconsistent names or dates can delay review. A lawyer’s document review may catch problems before submission.

There is no universal completion date. Processing depends on court workload, paperwork accuracy, service, and whether issues remain disputed. An uncontested case may take several months; a contested case can take substantially longer.

Filing papers does not make you divorced. The judge must sign the Judgment of Divorce, and it must be entered with the County Clerk. Follow the instructions for serving the entered judgment with Notice of Entry, and obtain certified copies when needed.

Then complete any required transfers, support arrangements, and follow-up orders. A divorce judgment alone may not transfer a pension or remove someone from a loan.

Divorce laws vary by state, and local procedures vary within New York. Speak with a local divorce attorney about your circumstances. Divorcesify provides consumer information, not legal representation.

Key takeaways

• Check residency and grounds before filing; no-fault divorce does not require living separately for six months.
• File in Supreme Court, not Family Court, using current official forms.
• Budget at least $335 in basic uncontested court fees, or ask about a fee waiver.
• Arrange proper service, generally within 120 days, and track response deadlines.
• Follow automatic orders and resolve all applicable financial and parenting issues.
• Confirm that your Judgment of Divorce has been signed and entered before treating the marriage as legally ended.