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
| Item | Detail |
|---|---|
| Court | Supreme Court (only court for divorce) |
| Residency rule | One of five pathways under DRL section 230 |
| Most common ground | No-fault, irretrievable breakdown 6+ months, DRL section 170(7) |
| Index number fee | $210 |
| Note of Issue fee | $125 |
| Minimum total court fees | About $335 |
| Service deadline | Within 120 days of filing |
| Default waiting period | 40 days after service |
| Uncontested timeline | Roughly 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
| Fee | Amount | When |
|---|---|---|
| Index number | $210 | To start the case |
| Note of Issue | $125 | With final papers |
| Settlement agreement filing | About $35 | If you have an agreement |
| Motion (each) | About $45 | Only if motions are filed |
| Certified copy of judgment | About $5 to $20 | After 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
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement on all issues | Yes | No |
| Typical timeline | 3 to 6 months | 9 to 18 months |
| Court appearances | Often none | Usually several |
| DIY forms available | Yes, if no children under 21 | Not recommended |
| Cost | Court fees plus modest costs | Substantially 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.