A divorce without children in New York costs $335 in mandatory court filing fees and takes 3 to 6 months for an uncontested case. You must meet one of five residency pathways under N.Y. Dom. Rel. Law § 230 and state under oath that your marriage broke down irretrievably for at least six months under N.Y. Dom. Rel. Law § 170(7). No children means no custody, child support, or parenting plan to resolve — the fastest divorce New York offers.
Getting a childless divorce in New York removes the single largest source of delay and expense in matrimonial cases. When no minor children exist, the court has no custody, visitation, or child support issues to adjudicate before it can sign a judgment. This guide explains the residency rules, the no-fault ground, filing fees, the step-by-step uncontested process, property division, and spousal maintenance for a divorce with no dependents — verified against 2026 statutes and the revised court forms that took effect March 1, 2026.
Key Facts: Divorce Without Children in New York
| Fact | Detail |
|---|---|
| Total Filing Fee | $335 ($210 index number + $95 RJI + $30 note of issue) |
| Waiting Period | No mandatory post-filing waiting period |
| Residency Requirement | 1 or 2 continuous years under DRL § 230 (five pathways) |
| Grounds | No-fault: irretrievable breakdown 6+ months (DRL § 170(7)) |
| Property Division Type | Equitable distribution (fair, not always 50/50) |
| Court | New York Supreme Court (county of residence) |
| Uncontested Timeline | 3 to 6 months |
Fees current as of March 2026. Verify with your local County Clerk before filing.
What Counts as a Divorce Without Children in New York?
A divorce without children in New York is any matrimonial action where the couple has no minor children of the marriage under age 21, meaning the court resolves only property division and spousal maintenance before granting a judgment. Under N.Y. Dom. Rel. Law § 170(7), the no-fault ground requires that all economic issues be resolved before the court signs a judgment — and with no kids, custody and child support drop out entirely.
New York treats children as "of the marriage" until age 21 for child support purposes, which is older than the age 18 standard in most states. If both spouses have no biological or adopted children under 21 together, the case qualifies as a childless divorce and follows the streamlined uncontested path. Adult children over 21, stepchildren you did not adopt, and children from prior relationships do not create custody or support issues in your divorce. This is the simplest divorce no children category the state recognizes, and it typically resolves in a single uncontested filing packet without any appearance in front of a judge.
Residency Requirements for a No-Kids Divorce in New York
To file a divorce without children in New York, at least one spouse must satisfy one of five residency pathways under N.Y. Dom. Rel. Law § 230, most commonly one continuous year of New York residence immediately before filing. Courts enforce this requirement strictly — 364 days will not qualify, and the one-year clock must be continuous.
The five residency pathways under DRL § 230 give you multiple ways to establish sufficient ties to New York. Pathway one applies if you married in New York and one spouse has lived here one continuous year. Pathway two applies if you lived here as a married couple and one spouse has one continuous year of residence. Pathway three applies if the grounds arose in New York and either spouse has one year of residence. Pathway four applies if the grounds arose in New York and both spouses are current residents, with no durational requirement. Pathway five is the two-year fallback: either spouse has resided in New York for two continuous years, requiring no other connection. Residency is not strictly jurisdictional under Lacks v. Lacks (1976), so a challenge expires when the action concludes, but you must still plead and prove it correctly.
Comparing New York's Five Residency Pathways
| Pathway (DRL § 230) | Residence Required | Extra Condition |
|---|---|---|
| (1) Married in NY | 1 continuous year | One spouse resident at filing |
| (2) Lived as couple in NY | 1 continuous year | One spouse resident at filing |
| (3) Grounds arose in NY | 1 continuous year | Either spouse |
| (4) Grounds arose in NY | None | Both spouses current residents |
| (5) Two-year fallback | 2 continuous years | No other connection needed |
Grounds for a Childless Divorce in New York
The standard ground for a no kids divorce process in New York is no-fault under N.Y. Dom. Rel. Law § 170(7): one spouse states under oath that the marriage has broken down irretrievably for at least six months. New York became the last state to adopt true no-fault divorce in 2010, and this ground requires no proof of adultery, cruelty, or blame, and no physical separation.
The no-fault ground is essentially uncontestable. Because only one spouse must affirm the six-month irretrievable breakdown under oath, the other spouse cannot block the divorce by disputing that the marriage is broken. The six-month period is retrospective — it must have already existed before you file, not begin afterward. This means you can file immediately if you can truthfully state the breakdown has lasted six months. New York's seven grounds under DRL § 170 also include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years, adultery, conversion of a separation decree, and conversion of a separation agreement. For a divorce without children, nearly all couples use § 170(7) because it avoids fault trials, protects privacy, and cannot be contested on the merits.
Filing Fees and Court Costs for a No-Dependents Divorce
The total court filing fee for a divorce with no dependents in New York is $335, consisting of a $210 index number fee, a $95 Request for Judicial Intervention (RJI) fee, and a $30 note of issue fee. These are the mandatory Supreme Court charges required to open and finalize an uncontested case, current as of March 2026.
Beyond the base $335, expect several smaller costs. Certified copies of the final divorce judgment cost about $8 each, and you will typically need one or two. Serving your spouse with the summons costs roughly $40 to $75 through a process server or sheriff, though a spouse who signs an Affidavit of Defendant can waive formal service and save this expense. Motions during proceedings cost $45 each, but a fully uncontested childless divorce usually files no motions. New York offers a fee waiver through its Poor Person Relief program under N.Y. C.P.L.R. § 1101 — individuals receiving Medicaid, SNAP, or SSI benefits generally qualify to have court fees waived entirely. If both spouses agree on all terms, a simple divorce no children in New York can be completed for the $335 in court fees plus minimal copy and service costs, with no attorney required.
Cost Breakdown: Childless Uncontested Divorce
| Item | Cost | Notes |
|---|---|---|
| Index number fee | $210 | Paid to open the case |
| Request for Judicial Intervention | $95 | Assigns a judge |
| Note of issue | $30 | Places case on calendar |
| Certified copy of judgment | ~$8 each | Usually need 1-2 |
| Service of process | $40-$75 | Waivable if spouse signs |
| Total (typical) | ~$375 | Court fees plus copies |
Fees current as of March 2026. Verify with your local County Clerk.
Step-by-Step: The Uncontested No-Children Divorce Process
An uncontested divorce without children in New York follows six documented steps and typically finishes in 3 to 6 months, because no custody or child support determinations delay the judgment. New York uses standardized Uncontested Divorce Packet forms, which were revised effective March 1, 2026, and are available free from the NY Courts website.
The process begins when you confirm residency under DRL § 230 and complete the Summons With Notice or Summons and Verified Complaint citing N.Y. Dom. Rel. Law § 170(7). Step one: file these documents with the Supreme Court clerk in your county and pay the $210 index number fee, receiving a unique index number for all future filings. Step two: serve your spouse with the summons within 120 days; a cooperative spouse signs the Affidavit of Defendant to waive formal service. Step three: your spouse has 20 to 30 days to respond, and in an uncontested case they simply consent. Step four: complete the full uncontested packet, including the Affidavit of Plaintiff, Findings of Fact, and proposed Judgment of Divorce. Step five: file the Request for Judicial Intervention ($95) and note of issue ($30). Step six: submit the packet to the assigned judge, who reviews and signs the Judgment of Divorce on the papers — no court appearance is required for most childless uncontested cases.
Property Division in a New York Divorce With No Kids
New York divides marital property through equitable distribution, meaning the court splits assets fairly based on statutory factors — not automatically 50/50. In a divorce without children, property division is the primary economic issue the court must resolve before granting a judgment under N.Y. Dom. Rel. Law § 170(7), and couples who agree on the split move fastest.
Equitable distribution applies only to marital property — assets and debts acquired during the marriage, regardless of whose name holds title. Separate property, which includes assets owned before the marriage, inheritances, and personal-injury awards, generally stays with the spouse who owns it. New York courts weigh factors such as the length of the marriage, each spouse's income and property, the age and health of the parties, and future financial circumstances. A childless couple often has a simpler marital estate to divide because there is no marital home tied to a parenting schedule and no need to preserve stability for children. When both spouses sign a settlement agreement dividing their property, the court incorporates it directly into the judgment, and the case proceeds as fully uncontested. Retirement accounts earned during the marriage are marital property and may require a Qualified Domestic Relations Order (QDRO) to divide without tax penalty.
Spousal Maintenance in a Divorce Without Children
Spousal maintenance in New York is calculated using a statutory formula capped at a payor income of $241,000 as of March 1, 2026, and in a childless divorce it is the only support issue the court decides. Whether maintenance applies depends on the income gap between spouses and the length of the marriage, not on the presence of children.
New York uses guideline maintenance formulas under the Maintenance Guidelines Act. For couples with no children, the court applies the formula for cases without child support, which generally awards a percentage of the difference between the spouses' incomes up to the $241,000 payor cap. The duration of maintenance is tied to the length of the marriage: marriages up to 15 years often produce maintenance lasting 15% to 30% of the marriage length, marriages of 15 to 20 years produce 30% to 40%, and marriages over 20 years produce 35% to 50%. Short childless marriages with similar incomes frequently result in no maintenance at all. Spouses can waive maintenance entirely in a settlement agreement, which many childless couples with comparable earnings choose to do. Because maintenance is the sole ongoing financial obligation in a no-dependents divorce, resolving it — by formula or by agreement — is the final step before the judgment can be signed.
What Changed for New York Divorce in 2026?
Effective March 1, 2026, New York revised its Uncontested Divorce Packet forms and updated statutory income caps that affect maintenance calculations. The Chapter 673, Laws of 2025 no-fault separation statute shortened the separation-grounds period from one year to six months under N.Y. Dom. Rel. Law § 170(5) and (6), and the maintenance payor income cap rose to $241,000.
These 2026 changes matter even for a simple childless divorce. The revised forms reflect the increased maintenance payor cap of $241,000, up from $228,000, which affects any spousal support calculation in your case. The federal poverty level figure used in maintenance math rose to $15,960 for a single person, and the self-support reserve increased to $21,546. The separation-grounds change is relevant if you and your spouse previously signed a separation agreement — you can now convert it to a divorce after living apart six months rather than a full year. Always download the current forms directly from the NY Courts website (nycourts.gov) rather than reusing older packets, because a judge will reject outdated forms. For a divorce without children, the practical effect is faster access to divorce through the shortened separation ground and updated maintenance figures if support applies.
How Long Does a Childless Divorce Take in New York?
An uncontested divorce without children in New York takes 3 to 6 months from filing to judgment, because no custody or child support issues delay the court's review. New York imposes no mandatory post-filing waiting period, so the timeline depends primarily on court processing speed and how quickly both spouses complete the paperwork.
The timeline breaks down into predictable stages. Filing and serving the summons takes one to two weeks. The spouse's response window is 20 to 30 days. Assembling and filing the complete uncontested packet takes another two to four weeks depending on how organized both parties are. The largest variable is the judge's review time after you submit the note of issue — this ranges from four weeks to several months depending on your county's caseload, with New York City counties often running slower than upstate counties. A contested divorce, by contrast, takes 9 to 18 months, but disputes in childless cases center only on property and maintenance, never custody, so even contested no-kids divorces resolve faster than the average matrimonial action. Couples who file a complete, error-free packet with a signed settlement agreement consistently reach the shorter end of the 3-to-6-month range.
Do You Need a Lawyer for a Divorce With No Children?
Many couples complete an uncontested divorce without children in New York without hiring an attorney, using the free standardized Uncontested Divorce Packet and paying only the $335 in court fees. However, a consultation with a New York matrimonial attorney is advisable whenever spouses disagree on property division or maintenance, or when significant retirement or business assets are involved.
A childless uncontested divorce is the strongest candidate for a do-it-yourself filing because the packet is designed for self-represented parties and no custody negotiation is required. New York's court system provides step-by-step DIY forms and the LawHelpNY resource guides walk filers through each document. That said, certain situations warrant professional review: dividing a pension or 401(k) requires a properly drafted QDRO, high income triggers the maintenance guideline formula, and any hidden or disputed asset can complicate equitable distribution. Divorce.law is a legal-information and attorney-routing platform, not a law firm, and does not provide legal advice or represent you. If your childless divorce involves contested property or a maintenance dispute, consider a consultation to protect your financial interests before signing any settlement agreement.