Filing for divorce in New York requires a specific set of court-approved forms totaling $335 in filing fees for uncontested cases as of March 2026. The New York State Unified Court System provides 14 standardized divorce forms (UD-1 through UD-14) available free on the official court website at nycourts.gov. Spouses must meet one of five residency requirements under DRL § 230, with the most common pathway requiring either spouse to have lived in New York continuously for two years before filing. This guide walks you through every divorce paper required, explains which forms apply to your situation, and provides current filing fee information verified for 2026.
Key Facts: New York Divorce Papers
| Requirement | Details |
|---|---|
| Filing Fee | $335 uncontested ($210 index number + $125 note of issue) |
| Contested Filing Fee | $430 (adds $95 RJI fee) |
| Waiting Period | None post-filing; 6-month irretrievable breakdown required |
| Residency Requirement | 1-2 years depending on circumstances (DRL § 230) |
| Grounds | No-fault (irretrievable breakdown) or 6 fault-based grounds |
| Property Division | Equitable distribution (not 50/50) |
| Required Forms | 14 standard forms (UD-1 through UD-14) |
| Court | Supreme Court (only court handling divorces in NY) |
Essential New York Divorce Forms Explained
New York requires 14 standardized divorce forms for an uncontested case, with the Summons (UD-1) and Verified Complaint (UD-2) serving as the foundational documents that initiate all divorce proceedings. The complete Uniform Uncontested Divorce Packet is available as a single PDF download from the New York Courts website, updated as of March 1, 2026. Filing divorce papers in New York costs $335 total for uncontested matters, comprising a $210 index number fee and a $125 note of issue fee.
Initiating Documents (Forms UD-1 and UD-2)
The Summons with Notice (Form UD-1) or Summons Without Notice (Form UD-1a) officially starts your divorce case and notifies your spouse that legal proceedings have begun under DRL § 232. The Verified Complaint (Form UD-2) details the grounds for divorce, identifies children of the marriage, lists marital property, and specifies the relief you seek from the court. Under DRL § 170(7), you must state under oath that the marriage has broken down irretrievably for at least six months if pursuing no-fault divorce.
Service and Filing Documents
After completing the initiating documents, New York law requires proper service on your spouse through the Sheriff's office ($40) or a professional process server ($40-$75). The Affidavit of Service (Form UD-3) proves your spouse received the divorce papers. If your spouse agrees to the divorce, they sign the Affidavit of Defendant (Form UD-7), waiving formal service requirements. Contested divorces require filing a Request for Judicial Intervention (Form UD-13), adding $95 to the base filing costs.
Financial Disclosure Forms
New York mandates financial disclosure in all divorce cases under DRL § 236(B)(4). The Statement of Net Worth is the primary financial disclosure document, requiring detailed information about income, assets, debts, and monthly expenses. Both spouses must complete this form within specified deadlines, with parties in contested cases exchanging documents within 60 days of the Request for Preliminary Conference.
Judgment Documents
The Findings of Fact and Conclusions of Law (Form UD-10) summarizes the legal basis for the divorce, while the Judgment of Divorce (Form UD-11) is the final court order dissolving the marriage. The Part 130 Certification (Form UD-12) confirms all submitted papers are truthful under penalty of perjury. The Certificate of Dissolution of Marriage is required by the New York Department of Health to officially register your divorce in state vital records.
Complete List of New York Divorce Forms
New York divorce papers fall into three categories: required forms for all cases, conditional forms based on your specific circumstances, and forms only needed for contested proceedings. The following table provides a comprehensive reference for every form you may need when filing divorce papers in New York.
| Form Number | Form Name | When Required |
|---|---|---|
| UD-1 / UD-1a | Summons With/Without Notice | All cases (initiates divorce) |
| UD-2 | Verified Complaint | All cases (states grounds) |
| UD-3 | Affidavit of Service | All cases (proves spouse notified) |
| UD-4 | Sworn Statement of Removal of Barriers | Religious marriages only |
| UD-5 | Affirmation of Regularity | All uncontested cases |
| UD-6 | Affidavit of Plaintiff | All cases (plaintiff's sworn statement) |
| UD-7 | Affidavit of Defendant | When defendant cooperates |
| UD-8 | Child Support Worksheet | Cases with minor children |
| UD-8a | Support Collection Unit Information | Cases with child support |
| UD-9 | Note of Issue | All cases ($125 fee) |
| UD-10 | Findings of Fact/Conclusions of Law | All cases |
| UD-11 | Judgment of Divorce | All cases (final decree) |
| UD-12 | Part 130 Certification | All cases |
| UD-13 | Request for Judicial Intervention | Contested cases ($95 fee) |
| UD-14 | Notice of Entry | All cases |
| UCS-111 | Child Support Summary Form | Cases with minor children |
| 840M | Addendum to RJI | Cases with minor children |
New York Residency Requirements for Divorce
New York Domestic Relations Law § 230 establishes five distinct pathways to satisfy residency requirements, with the two-year continuous residency option being the most straightforward for spouses who did not marry in New York or live in the state during the marriage. Residency must be proven through documentation such as a driver's license, voter registration, tax filings, or utility bills showing a New York address.
The Five Residency Pathways Under DRL § 230
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Marriage in New York plus one year: Either spouse has lived in New York continuously for one year immediately before filing, AND the parties were married in the state.
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Lived as spouses in New York plus one year: Either spouse has resided in New York continuously for one year, AND the parties lived together as husband and wife in New York during the marriage.
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Grounds occurred in New York plus one year: Either spouse has resided continuously in New York for one year, AND the cause of action (grounds for divorce) occurred in the state.
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Grounds occurred in New York plus current residency: Both spouses currently reside in New York at the time of filing, AND the grounds occurred in New York (no minimum residency duration).
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Two-year continuous residency: Either spouse has lived in New York continuously for two years before filing (no other conditions required).
Proving Residency in Court
New York courts treat "domicile" and "residence" as synonymous under DRL § 230, requiring both physical presence and intent to make New York your permanent home. Courts examine factors including voter registration, driver's license, tax return filings, employment location, and community ties when residency is challenged. Physical presence alone does not establish residency—you must demonstrate intent to remain in New York permanently.
Grounds for Divorce in New York
New York recognizes seven legal grounds for divorce under DRL § 170, with the no-fault "irretrievable breakdown" ground being used in over 90% of modern divorce filings since its enactment in 2010. The no-fault ground requires only a sworn statement that the marriage has broken down irretrievably for at least six months, eliminating the need to prove spousal misconduct.
No-Fault Divorce (DRL § 170(7))
The irretrievable breakdown ground under DRL § 170(7) allows either spouse to obtain a divorce by stating under oath that the relationship has broken down irretrievably for a minimum of six months. This ground is unilateral, meaning one spouse can proceed even if the other contests the divorce. New York was the last state in the nation to adopt no-fault divorce when it amended DRL § 170 in 2010.
Fault-Based Grounds
| Ground | Statute | Requirement |
|---|---|---|
| Cruel and Inhuman Treatment | DRL § 170(1) | Conduct endangering physical or mental well-being |
| Abandonment | DRL § 170(2) | One year or more of abandonment |
| Imprisonment | DRL § 170(3) | 3+ consecutive years, began after marriage |
| Adultery | DRL § 170(4) | Must file within 5 years of discovery |
| Judgment of Separation | DRL § 170(5) | Court-ordered separation for 1+ year |
| Separation Agreement | DRL § 170(6) | Written agreement, lived apart 1+ year |
| Irretrievable Breakdown | DRL § 170(7) | 6-month breakdown sworn under oath |
Filing Divorce Papers in New York: Step-by-Step Process
Filing for divorce in New York requires submitting papers to the Supreme Court, which is the only court with jurisdiction over matrimonial actions in the state. The process typically takes 3-6 months for uncontested cases and 9-18 months for contested divorces, with an average duration of 9.5 months across all case types according to 2026 court statistics.
Step 1: Obtain and Complete Required Forms
Download the complete Uniform Uncontested Divorce Packet from nycourts.gov, which includes all 14 standardized forms plus detailed instructions. Complete the Summons (UD-1) and Verified Complaint (UD-2) first, ensuring you select the correct residency basis under DRL § 230 and state your grounds under DRL § 170. Cases with minor children require additional forms including the UCS-111 Child Support Summary Form and Addendum to RJI (Form 840M).
Step 2: Pay Filing Fees and Obtain Index Number
File your completed Summons and Verified Complaint with the Supreme Court clerk in your county and pay the $210 index number fee. The clerk assigns a unique index number that must appear on all subsequent filings. Fee waivers are available through the Poor Person Relief program for households earning below 125% of the federal poverty level ($19,508 for a single person in 2026).
Step 3: Serve Your Spouse
New York requires personal service of divorce papers on your spouse through the Sheriff ($40) or a licensed process server ($40-$75). Your spouse must receive the Summons and Verified Complaint, after which they have 20 days to respond if served in New York or 30 days if served outside the state. Complete the Affidavit of Service (Form UD-3) documenting how and when service occurred.
Step 4: Wait for Response or Default
If your spouse agrees to the divorce, they sign the Affidavit of Defendant (Form UD-7) waiving their right to contest. If your spouse fails to respond within the required timeframe, you may proceed by default after 40 days. Contested cases require filing a Request for Judicial Intervention (Form UD-13) and paying the additional $95 RJI fee.
Step 5: Resolve All Issues and Submit Final Papers
New York will not grant a divorce until all economic issues are resolved, including equitable distribution of property, spousal support, child support, child custody, and attorney fees under DRL § 236(B). Once resolved, submit the Note of Issue (UD-9) with the $125 fee, Findings of Fact and Conclusions of Law (UD-10), proposed Judgment of Divorce (UD-11), and Part 130 Certification (UD-12).
Property Division in New York Divorces
New York follows equitable distribution rather than community property rules, meaning courts divide marital property fairly but not necessarily equally based on 16 statutory factors in DRL § 236(B)(5)(d). Marital property includes all assets acquired during the marriage regardless of whose name holds title, while separate property (assets owned before marriage, inheritances, and gifts) typically remains with the original owner.
Marital vs. Separate Property
Under DRL § 236(B)(1)(c), marital property encompasses everything acquired by either spouse from the date of marriage to the commencement of the divorce action. Separate property includes assets owned before marriage, inheritances received individually, personal injury compensation, and gifts from third parties under DRL § 236(B)(1)(d). When separate property increases in value due to a spouse's active efforts during the marriage, that appreciation may become marital property subject to division.
Key Factors in Equitable Distribution
New York courts consider 16 factors when dividing property, including the income and property of each spouse at the time of marriage and divorce, the duration of the marriage, the age and health of both parties, and the need of a custodial parent to occupy the marital residence. Non-financial contributions such as homemaking and child-rearing are valued equally to monetary contributions under the statute. Following a 2015 amendment to DRL § 236, enhanced earning capacity from professional licenses or degrees is no longer considered marital property, overruling the landmark O'Brien v. O'Brien decision from 1985.
Divorce Costs in New York: 2026 Breakdown
The minimum cost to file for divorce in New York is $335 for an uncontested case without attorney representation, comprising the $210 index number fee and $125 note of issue fee as of March 2026. Total costs vary dramatically based on whether the divorce is contested, with uncontested divorces averaging $1,500-$5,500 with attorney assistance compared to $15,000-$40,000 for contested cases.
| Cost Category | Uncontested | Contested |
|---|---|---|
| Index Number Fee | $210 | $210 |
| Note of Issue Fee | $125 | $125 |
| RJI Fee | N/A | $95 |
| Service of Process | $40-$75 | $40-$75 |
| Certified Copies | $8 each | $8 each |
| Motion Fees | N/A | $45 per motion |
| Attorney Fees | $1,500-$5,500 | $15,000-$40,000 |
| Total Range | $335-$5,800 | $530-$50,000+ |
Fee Waivers and Financial Assistance
New York courts grant fee waivers through the Poor Person Relief program for filers demonstrating financial hardship, typically those with household incomes below 125% of the federal poverty guidelines. To apply, complete the Poor Person Application and submit it with your initial filing. Courts may also grant partial fee waivers or payment plans based on demonstrated need.
Frequently Asked Questions About New York Divorce Papers
How much does it cost to file divorce papers in New York?
Filing divorce papers in New York costs $335 for uncontested cases, consisting of a $210 index number fee and $125 note of issue fee as of March 2026. Contested divorces require an additional $95 Request for Judicial Intervention fee, bringing the minimum filing cost to $430. Service of process adds $40-$75 depending on whether you use the Sheriff or a private process server.
What forms do I need to file for divorce in New York?
New York requires 14 standardized forms (UD-1 through UD-14) for an uncontested divorce, available free from nycourts.gov. The essential forms include the Summons (UD-1), Verified Complaint (UD-2), Affidavit of Service (UD-3), and Judgment of Divorce (UD-11). Cases involving minor children require additional forms including the UCS-111 Child Support Summary Form and Addendum to RJI (Form 840M).
How long does a divorce take in New York?
Uncontested divorces in New York typically finalize in 3-6 months from filing, with some completing in as little as 6 weeks when both parties fully cooperate. Contested divorces average 9-18 months, though complex cases involving substantial assets or custody disputes may take longer. The overall average across all New York divorce cases is 9.5 months.
What are the residency requirements for divorce in New York?
DRL § 230 establishes five pathways to satisfy residency requirements. The simplest is two years of continuous residency by either spouse. One-year residency suffices if the parties married in New York, lived in New York as spouses during the marriage, or the grounds occurred in New York. No minimum residency applies if both spouses currently reside in New York and the grounds occurred in the state.
Is there a waiting period for divorce in New York?
New York has no mandatory waiting period after filing divorce papers, distinguishing it from states that require cooling-off periods. However, you must be able to state under oath that the marriage has broken down irretrievably for at least six months before filing under DRL § 170(7). The six-month period must exist before filing, not after.
Can I file for divorce in New York without a lawyer?
Yes, you can file for divorce without a lawyer (pro se) using the standardized forms from the New York Courts website. The Uncontested Divorce Instruction Booklet provides step-by-step guidance for completing each form. However, the NY Courts strongly recommend consulting a lawyer even for uncontested cases, particularly when dealing with property division, child custody, or complex financial issues.
What is no-fault divorce in New York?
No-fault divorce under DRL § 170(7) allows either spouse to obtain a divorce by stating under oath that the marriage has broken down irretrievably for at least six months. New York adopted no-fault divorce in 2010, becoming the last state in the nation to do so. This ground requires no proof of spousal misconduct and is unilateral, meaning one spouse can proceed even if the other objects.
How is property divided in a New York divorce?
New York follows equitable distribution under DRL § 236, dividing marital property fairly but not necessarily equally based on 16 statutory factors. Courts consider the duration of the marriage, each spouse's income and property, contributions to the marriage (including homemaking), and the need of a custodial parent to occupy the marital home. Separate property typically remains with the original owner.
Where do I file for divorce in New York?
Divorce papers must be filed in the Supreme Court of the county where either spouse resides, as the Supreme Court is the only court with jurisdiction over matrimonial actions in New York. County Clerk's offices accept filings in person during business hours, and many counties now accept electronic filing through the New York State Courts Electronic Filing system (NYSCEF).
Can I get a fee waiver for divorce filing in New York?
Yes, fee waivers are available through the Poor Person Relief program for filers demonstrating financial hardship. Most New York courts grant waivers for households with incomes below 125% of the federal poverty level ($19,508 for a single person in 2026). Complete the Poor Person Application and submit it with your initial divorce papers to request a fee waiver or payment plan.
Where to Get New York Divorce Forms
The New York State Unified Court System provides all required divorce forms free of charge on the official website at nycourts.gov/divorce/forms.shtml. Forms are available both individually and as a complete Uniform Uncontested Divorce Packet, last updated March 1, 2026. County Clerk's offices also provide paper copies, and self-help centers in many courthouses offer assistance completing forms.
Official Resources
The NY Courts divorce page at nycourts.gov/courthelp/family/divorceStarting.shtml provides the Uncontested Divorce Instruction Booklet, which explains each form and the filing process in detail. Self-represented litigants can visit the Court Help Center in their county for free assistance, though staff cannot provide legal advice. The New York State Bar Association Lawyer Referral Service at 1-800-342-3661 offers referrals to attorneys who provide free or low-cost consultations.
Filing fees accurate as of March 2026. Verify current fees with your local Supreme Court clerk before filing, as fees may change. This guide provides general information about New York divorce papers and procedures but does not constitute legal advice. Consider consulting a licensed New York attorney for guidance on your specific situation.