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Divorce Checklist for New York: Everything You Need in 2026

By Antonio G. Jimenez, Esq.New York13 min read

At a Glance

Residency requirement:
New York offers multiple paths to establish divorce jurisdiction under DRL § 230. The most common: (1) married in NY + one spouse resided in NY for 1 continuous year; (2) resided in NY as spouses + 1 year; (3) grounds arose in NY + 1 year; (4) both spouses are NY residents and grounds arose in NY—no durational requirement; (5) either spouse resided in NY for 2 continuous years with no other connection needed. Courts enforce the one-year requirement strictly; 364 days of residency will not suffice.
Filing fee:
$335–$400
Waiting period:
New York has no mandatory waiting period after filing for divorce. However, all issues must be resolved before the court will grant the divorce — New York does not grant a divorce while custody, property, or support issues remain open. This means most New York divorces take several months even when uncontested.

As of July 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A New York divorce checklist has three phases: confirm you are eligible, gather your documents and financial information, and file and serve the papers in the correct order. Before filing, you must meet one of the residency pathways in Domestic Relations Law section 230 and have grounds, which for most people is the no-fault ground that the marriage has been irretrievably broken for at least six months. You then buy an index number, file initiating papers in Supreme Court, serve your spouse, resolve all money and custody issues, and submit the final papers for a judge to sign. This checklist walks through each step in order.

Key Facts: Filing for Divorce in New York

ItemDetail
CourtSupreme Court (only court for divorce)
Residency ruleOne of five pathways under DRL section 230
Most common groundNo-fault, irretrievable breakdown 6+ months, DRL section 170(7)
Index number fee$210
Note of Issue fee$125
Minimum total court feesAbout $335
Service deadlineWithin 120 days of filing
Default waiting period40 days after service
Uncontested timelineRoughly 3 to 6 months

Before You File: Eligibility Checklist

Confirm two things before spending any money: residency and grounds.

Residency is governed by DRL section 230, which offers five pathways. The most common are two years of continuous residence in New York by either spouse; one year of residence if you married in New York, lived in New York as spouses, or the grounds arose in New York; or no minimum period if both spouses currently reside in New York and the grounds arose in the state. Courts enforce these time thresholds strictly, so 364 days will not satisfy a one-year requirement. If you rely on the no-fault ground, be careful basing residency on where the grounds arose, because irretrievable breakdown is not treated as a cause that occurred in a specific place. Most no-fault filers qualify through the two-year or one-year residence pathways instead.

Grounds are listed in DRL section 170. Over ninety percent of modern filings use the no-fault ground under DRL section 170(7): one spouse swears under oath that the marriage has been irretrievably broken for at least six months. That six-month period must already have passed when you file. This ground is unilateral and cannot be contested, so the other spouse cannot force a trial over whether the marriage has broken down. However, no judgment will be granted until equitable distribution, spousal support, child support, counsel fees, and custody are all resolved.

Documents and Information to Gather

Collect these before you start the paperwork so you are not stopped mid-process.

Personal and marriage details, including full legal names, the date and place of marriage, and the date of separation.

Financial records, including recent pay stubs, tax returns, bank and retirement account statements, and a list of debts. New York divides marital property under DRL section 236 using equitable distribution, so an accurate picture of assets and debts matters.

Children's information if you have children under twenty-one, including birth dates and any existing custody or support orders. Custody and child support are governed by DRL section 240.

Any signed settlement agreement or prenuptial agreement, which must be filed with the court to become part of the judgment.

Step-by-Step Filing Checklist

Follow these steps in order. Divorce in New York is handled only in Supreme Court.

Buy an index number from the County Clerk and pay the $210 fee, or apply for a fee waiver. Write this index number on every document from this point forward.

File your initiating papers, which are either a Summons with Notice or a Summons and Verified Complaint. If you have a settlement agreement, file it as well, which carries a separate filing fee.

Serve the defendant within 120 days of filing. The plaintiff cannot personally serve the papers; someone at least eighteen years old must do it, and that person must be a New York resident if service happens inside the state. The server then completes an Affidavit of Service as proof.

Wait for the defendant's response. If the defendant signs an Affidavit of Defendant, you can file the remaining papers immediately. If the defendant defaults, wait forty days from the date of service before filing the rest. If the defendant files an Answer opposing the divorce, the case is contested and you should get legal help.

Resolve all economic and custody issues, by agreement or court determination, because the judge cannot grant the divorce while any of these remain open.

File the final papers, including the Note of Issue and Request for Judicial Intervention, and pay the associated fee. Many counties allow electronic filing through the NYSCEF system.

Submit the judgment for review. Most uncontested cases require no court appearance; the judge reviews the papers and signs the Judgment of Divorce if everything is in order. File the signed judgment with the County Clerk and serve a copy on the defendant.

Court Fees at a Glance

FeeAmountWhen
Index number$210To start the case
Note of Issue$125With final papers
Settlement agreement filingAbout $35If you have an agreement
Motion (each)About $45Only if motions are filed
Certified copy of judgmentAbout $5 to $20After the judgment

Total court fees for an uncontested divorce start at about $335. Low-income filers can seek a fee waiver through New York's Poor Person Relief provisions, and people receiving benefits such as Medicaid, SNAP, or SSI generally qualify.

Uncontested vs Contested at a Glance

FactorUncontestedContested
Agreement on all issuesYesNo
Typical timeline3 to 6 months9 to 18 months
Court appearancesOften noneUsually several
DIY forms availableYes, if no children under 21Not recommended
CostCourt fees plus modest costsSubstantially higher

Timeline and Waiting Periods

New York has no mandatory waiting period after filing. In practice, uncontested cases commonly take three to six months and contested cases nine to eighteen months. The limiting factor is usually not a statutory clock but the requirement that every financial and custody issue be resolved before a judge will sign the judgment. Couples who agree on all terms and file complete paperwork move fastest.

If your marriage has been over for at least six months and you have no children under twenty-one, New York's DIY Uncontested Divorce Program provides the full packet of forms at no cost through the state courts website.

This guide provides general legal information about the New York divorce process, not legal advice. Procedures and fees change and vary by county. Confirm current requirements with your County Clerk or a licensed New York attorney before filing.

Frequently Asked Questions

How long must I live in New York before filing for divorce?

New York requires one of five residency pathways under DRL section 230. Common options are two years of continuous residence by either spouse, or one year if you married in New York, lived there as spouses, or the grounds arose there. Courts enforce these periods strictly, so falling even one day short will not qualify.

What grounds do most people use for a New York divorce?

More than ninety percent use the no-fault ground under DRL section 170(7): a sworn statement that the marriage has been irretrievably broken for at least six months before filing. It is unilateral and cannot be contested. New York also retains fault grounds such as cruelty and abandonment, but they are rarely necessary.

How much does it cost to file for divorce in New York?

Minimum court fees are about $335, made up of a $210 index number fee and a $125 Note of Issue fee, with smaller charges for a settlement agreement, motions, or certified copies. Attorney fees are separate. Low-income filers can request a fee waiver through Poor Person Relief.

Which court handles divorce in New York?

The Supreme Court is the only court with jurisdiction over divorce in New York, despite its name. Family Court handles some support and custody matters but cannot grant a divorce. You file in the Supreme Court in the county where you or your spouse meets the residency requirements.

Do I have to serve my spouse with divorce papers?

Yes, unless you file jointly. You must serve the defendant within 120 days of filing. The plaintiff cannot serve the papers personally; someone at least eighteen years old, and a New York resident if serving inside the state, must do it and complete an Affidavit of Service.

Can I get a divorce in New York without going to court?

Usually yes for uncontested cases. Most uncontested divorces are decided on the papers, often filed electronically through NYSCEF, without a court appearance. The judge reviews the documents and signs the Judgment of Divorce if the requirements are met and all issues are resolved.

What happens if my spouse does not respond to the divorce papers?

If your spouse defaults, you wait forty days from the date of service and then file the remaining papers. If your spouse signs an Affidavit of Defendant, you can file immediately. If your spouse files an Answer opposing the divorce, the case becomes contested and you should seek legal help.

Can I file for divorce in New York myself without a lawyer?

Yes, if your marriage has been over for at least six months and you have no children under twenty-one, you can use New York's DIY Uncontested Divorce Program, which provides all the required forms for free. Cases with minor children or unresolved disputes are more complex and often warrant an attorney.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law

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