A stipulated divorce in New York is an uncontested divorce in which both spouses sign a written Stipulation of Settlement resolving every issue, then file it with the Supreme Court. Filing costs about $335 as of March 2026, requires residency under DRL § 230, and most cases finalize in 3-6 months without a trial or court appearance.
Key Facts: Stipulated Divorce in New York (2026)
| Item | New York Rule |
|---|---|
| Filing Fee | ~$335 total ($210 index number + $95 RJI + $30 note of issue), as of March 2026. Verify with your local clerk. |
| Waiting Period | No fixed post-filing wait; 6-month irretrievable breakdown required before filing under DRL § 170(7) |
| Residency Requirement | 1-2 years under DRL § 230 (five qualifying paths) |
| Grounds | No-fault irretrievable breakdown, DRL § 170(7), for most stipulated cases |
| Property Division Type | Equitable distribution (not community property), DRL § 236(B) |
A stipulated divorce New York couples pursue is the fastest, least expensive route through the Supreme Court because the judge signs off on terms the spouses already negotiated rather than deciding contested issues. This guide explains who qualifies, what the settlement must contain, the exact 2026 filing fees, the step-by-step process, and how property, support, and children are handled when both spouses agree.
What Is a Stipulated Divorce in New York?
A stipulated divorce in New York is a fully uncontested divorce where both spouses execute a Stipulation of Settlement — a binding written contract that resolves grounds, property division, debt, spousal maintenance, child custody, and child support — so no trial is needed. Under DRL § 170(7), one spouse swears the marriage has been irretrievably broken for at least six months, and the signed agreement is incorporated into the final Judgment of Divorce.
The term "stipulated" refers to the stipulation itself: a document in which parties formally agree to facts and terms the court will adopt. New Yorkers also call this an agreed divorce, a consent divorce, or a settled divorce, and functionally it is the same as the state's official "uncontested divorce" track. The distinguishing feature is total agreement — if even one financial or custody term remains open, the case becomes contested and cannot proceed as a stipulated matter.
New York does not offer a separate summary or simplified divorce statute the way some states do. Instead, the Unified Court System publishes a Uniform Uncontested Divorce Packet that self-represented spouses complete together. When spouses reach a mutual divorce agreement, that packet plus the Stipulation of Settlement carries the case from filing to final judgment, frequently without either spouse ever appearing before a judge.
Do You Qualify? Residency and Grounds Requirements
You qualify for a stipulated divorce in New York if you meet one of five residency tests in DRL § 230 and can state a valid ground, almost always the no-fault ground in DRL § 170(7). The most common residency paths are: either spouse lived in New York continuously for two years before filing, or either spouse lived here one year plus the couple married in New York, lived here as spouses, or the grounds arose here.
The five residency paths under DRL § 230 exist so New York courts have jurisdiction over the marriage. Meeting a single path is enough. The two-year rule requires no other connection to the state, while the one-year rules each require an additional New York link. If neither spouse can satisfy any path, the Supreme Court will dismiss the action for lack of jurisdiction regardless of how complete the settlement is.
For grounds, no-fault under DRL § 170(7) is the standard basis for a settled divorce because it requires only a sworn statement that the relationship has broken down irretrievably for six months or more, with no need to prove cruelty, abandonment, or adultery. Beginning February 18, 2026, the separation-based grounds in DRL § 170(5) and § 170(6) also shortened the required separation period from one year to six months under Chapter 673 of the Laws of 2025 — but most stipulated cases still use the simpler DRL § 170(7) irretrievable-breakdown ground. A stipulated divorce cannot be finalized on the no-fault ground until all economic and custody issues are resolved, which the stipulation accomplishes.
What the Stipulation of Settlement Must Cover
A New York Stipulation of Settlement must resolve every economic and parenting issue: equitable distribution of marital property, allocation of marital debt, spousal maintenance, child custody and parenting time, and child support. Under DRL § 170(7), the plaintiff must affirm that all issues of property, spousal support, child support, and counsel fees are resolved and incorporated into the Judgment of Divorce before a no-fault divorce can be granted.
The stipulation is a contract, so precision matters. For property, it should identify and assign every asset — the marital home, bank and brokerage accounts, retirement plans (often requiring a separate Qualified Domestic Relations Order for 401(k)s and pensions), vehicles, and personal property. It must also allocate debts such as mortgages, credit cards, and loans. Vague language like "parties will divide assets fairly" invites rejection; the court expects specific dollar figures, account references, and transfer deadlines.
When children are involved, the stipulation must set out legal custody, physical custody, a detailed parenting-time schedule, and a child support amount calculated under the Child Support Standards Act. If the agreed support figure deviates from the statutory guideline, DRL § 240 requires the stipulation to recite the guideline amount, the agreed amount, and the specific reasons for the deviation — an omission that routinely causes clerks to reject filings. Reviewing child custody arrangements before drafting helps parents craft a schedule a judge will approve.
Because a signed stipulation is difficult to undo, both spouses should exchange full financial disclosure before signing. A stipulation entered without honest disclosure can later be vacated for fraud or overreaching, unwinding a supposedly final settled divorce. Notarized signatures are required, and the DRL § 255 Addendum (revised March 1, 2026) — a required court form advising each spouse about health-insurance coverage after divorce — must accompany the agreement.
Filing Fees and Court Costs for a Stipulated Divorce
The total court cost to file a stipulated divorce in New York is approximately $335 as of March 2026, made up of a $210 index number fee paid to the County Clerk, a $95 Request for Judicial Intervention (RJI) fee, and a $30 note of issue fee. Additional charges include roughly $8 per certified copy of the judgment and about $45 for any motion, though a fully agreed case usually files no motions. Verify all amounts with your local clerk.
The $210 index number is the single largest and most important fee because purchasing it formally commences the action and assigns the case its permanent court number. Without an index number, no other document can be filed. Spouses who genuinely cannot afford the fees may file a Poor Person's Application (Form UD-12), which asks the court to waive the filing costs based on documented low income; approval eliminates the index number, RJI, and note of issue fees entirely.
Compared with a contested divorce, the savings are dramatic. A contested New York divorce commonly runs $15,000 to $30,000 or more per spouse once attorney fees, depositions, and expert valuations are added, while a stipulated divorce completed pro se can cost only the ~$335 in court fees plus optional document-preparation or limited attorney-review charges. Even hiring an attorney solely to draft and review the stipulation typically costs $1,500 to $3,500 total — a fraction of litigation. Use our divorce cost estimator to compare your likely expenses across contested and uncontested paths.
Step-by-Step: The Uncontested Divorce Process
A stipulated divorce in New York follows a defined sequence: negotiate and sign the stipulation, purchase the index number, serve the defendant, file the uncontested packet, and submit the judgment for the judge's signature. The full process typically takes 3-6 months, and in most counties neither spouse appears in court because the entire matter is decided on submitted papers.
The core steps are:
- Negotiate and sign the Stipulation of Settlement. Both spouses agree on all terms and sign before a notary, attaching the DRL § 255 Addendum.
- Purchase the index number. Pay the $210 fee at the County Clerk and file the Summons With Notice (Form UD-1) or Summons and Verified Complaint (Forms UD-1a and UD-2).
- Serve the defendant. The defendant must be personally served within 120 days; the defendant then signs an Affidavit of Defendant (Form UD-7) consenting and acknowledging service, which keeps the case uncontested.
- Assemble the uncontested packet. Complete the Findings of Fact and Conclusions of Law (Form UD-10, revised 3/1/2026), the Judgment of Divorce (Form UD-11, revised 3/1/2026), the Note of Issue (Form UD-9), and supporting affidavits.
- File and pay remaining fees. Submit the packet with the RJI and note-of-issue fees to the County Clerk, who forwards it to a matrimonial judge.
- Judge reviews and signs. The judge reviews the papers, signs the Judgment of Divorce, and the County Clerk enters it — the moment the divorce becomes final.
Venue matters: since February 19, 2025, a New York divorce generally must be filed in a county where either spouse or one of the parties' minor children resides. Filing in the wrong county can delay processing. After the judgment is entered, order at least one certified copy for name changes, benefits, and financial institutions. When you are unsure of your next move, a personalized divorce roadmap maps the specific forms and deadlines for your situation.
How Property Is Divided: Equitable Distribution
New York divides marital property by equitable distribution under DRL § 236(B), meaning courts split assets fairly based on 16 statutory factors — not automatically 50/50. In a stipulated divorce, the spouses themselves decide the division, and the judge generally approves any arrangement that is not unconscionable, giving couples far more control than a contested trial allows.
Equitable distribution applies only to marital property — assets and debts acquired during the marriage — while separate property (assets owned before marriage, plus inheritances and gifts to one spouse) generally stays with its owner. The DRL § 236(B)(5)(d) factors include each spouse's income and property at marriage and at filing, the marriage's duration, each party's age and health, the custodial parent's need to keep the home, and each spouse's contributions, including as a homemaker. Understanding equitable distribution helps spouses negotiate a division a court will accept.
The advantage of a settled divorce is precision and speed: instead of a judge weighing 16 factors after costly asset valuations, the spouses assign each item directly in the stipulation. Retirement accounts often need a Qualified Domestic Relations Order to divide without tax penalties, and real estate typically requires a deadline to sell or refinance. Because the terms are contractual and final once the judgment is entered, spouses should confirm every value and title transfer before signing rather than after.
Spousal Maintenance and Child Support in a Stipulated Divorce
Spousal maintenance and child support in a New York stipulated divorce follow statutory formulas, but agreeing spouses may set their own amounts if the stipulation documents the guideline figures and any deviation. As of March 1, 2026, the maintenance payor income cap is $241,000 under the Maintenance Guidelines Act, and the combined parental income cap under the Child Support Standards Act (CSSA) is $193,000.
Spousal maintenance (New York's term for alimony) is calculated under DRL § 236(B)(6) using an income-based formula and advisory duration schedule tied to marriage length. In a mutual divorce agreement, spouses can waive maintenance entirely or set a negotiated amount and term, provided the stipulation states the guideline calculation and the reasons for any departure. Waivers must be knowing and voluntary, which is why full financial disclosure protects the settlement from later challenge.
Child support is governed by the CSSA in DRL § 240, which applies fixed percentages to combined parental income up to the $193,000 cap: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Parents may agree to a different figure only if the stipulation recites the guideline amount, the agreed amount, and specific reasons for the deviation; otherwise the clerk will reject the papers. Estimate your obligation first with our child support calculator so the stipulated number withstands judicial review.
Timeline: How Long Does a Stipulated Divorce Take?
A stipulated divorce in New York typically finalizes in 3-6 months from filing, far faster than the 12-18 months (or longer) common in contested cases. There is no mandatory post-filing waiting period; the pace depends on how quickly the spouses sign the stipulation, complete service, and assemble the uncontested packet, plus the reviewing court's current backlog.
The biggest variable is the parties themselves. Once both spouses sign a complete Stipulation of Settlement, the remaining steps are largely administrative. Courts in high-volume counties such as New York, Kings, and Queens may take several weeks to route papers to a matrimonial judge, while smaller counties often move faster. Before filing, the no-fault ground requires the marriage to have been irretrievably broken for at least six months, so that six-month period is a prerequisite rather than a post-filing delay.
The table below compares the two tracks side by side:
| Feature | Stipulated (Uncontested) Divorce | Contested Divorce |
|---|---|---|
| Typical timeline | 3-6 months | 12-18+ months |
| Court appearances | Often none | Multiple hearings, possible trial |
| Approximate cost | ~$335 court fees + optional review | $15,000-$30,000+ per spouse |
| Who decides terms | The spouses | The judge |
| Main requirement | Full agreement on every issue | Any disputed issue |
Delays most often come from incomplete forms, missing the DRL § 255 Addendum, unsigned defendant affidavits, or child-support language that omits the guideline calculation. Because a single defective form can send the entire packet back, careful assembly is the surest way to keep a stipulated case on the fast track.
Common Mistakes That Delay or Derail a Stipulated Divorce
The most common reasons a stipulated divorce in New York stalls are incomplete financial disclosure, defective child-support language, missing required forms, and improper service. Each error typically bounces the entire uncontested packet back from the clerk, adding weeks or months, so avoiding them is the single biggest driver of a fast, low-cost outcome.
Financial disclosure gaps are the most dangerous because they threaten finality, not just speed. A stipulation signed without honest exchange of assets, debts, and income can later be vacated for fraud or overreaching under DRL § 236(B), unwinding a settlement both spouses believed was permanent. Exchanging a sworn Statement of Net Worth, or at minimum complete account statements, before signing protects the agreement.
Other frequent problems include child-support terms that fail to recite the CSSA guideline amount and reasons for deviation, omitting the DRL § 255 health-insurance Addendum, filing in the wrong county under the venue rule effective February 19, 2025, and failing to serve the defendant within the 120-day window. Spouses with children, significant retirement assets, a family business, or any real uncertainty should have an attorney review the stipulation before signing. You can find a divorce attorney to review your agreement while still keeping the case uncontested and inexpensive.