Filing for divorce in New York without an attorney costs $335 in court fees. You must meet the residency requirement of Varies (1-2 years depending on circumstances). New York is a equitable distribution state. An uncontested divorce typically takes 3-6 months. Victoria AI guides you through every step with New York-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $335 ($335 filing fee statewide, plus $125 for the Request for Judicial Intervention (RJI) when needed. Index number fee of $210 applies in some cases.) |
| Residency Requirement | Varies (1-2 years depending on circumstances) |
| Waiting Period | None (after grounds met) |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Irretrievable breakdown (6+ months), Cruel and inhuman treatment, Abandonment (1+ year), Imprisonment (3+ years), Adultery, Living apart under separation judgment (1+ year), Living apart under separation agreement (1+ year) |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 3-6 months |
| Contested Timeline | 1-3+ years |
| Fee Waiver Available? | Yes |
To file for divorce in New York, you must meet the following residency requirement: Varies (1-2 years depending on circumstances).
New York has complex residency requirements: 2 years if neither party lives in NY but were married there, 1 year if one party lived in NY for a year before filing and marriage/separation occurred there, or no minimum if both parties lived in NY when filing and the grounds arose in NY.
Tip: Victoria AI can help you determine if you meet New York's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in New York without an attorney. Victoria AI guides you through each step with state-specific instructions.
New York has complex residency requirements: 2 years if neither party lives in NY but were married there, 1 year if one party lived in NY for a year before filing and marriage/separation occurred there, or no minimum if both parties lived in NY when filing and the grounds arose in NY.
Download the official New York divorce forms: Summons with Notice or Summons and Verified Complaint, Verified Complaint, Affidavit of Service. All forms are available from the New York courts website.
Fill out the divorce petition (UD-1/UD-2) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the New York court and pay the filing fee of $335. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to New York rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by New York law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
New York has no specific waiting period after filing, but the '1-year separation' ground requires living apart for at least one year under a written separation agreement before filing.
Submit your final judgment to the court. For uncontested divorces in New York, this typically takes 3-6 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in New York. Victoria AI guides you through completing each form correctly.
Initiates the divorce
States grounds and requests
Proves spouse was served
Required form
Financial disclosure
Required for judgment
Final divorce decree
The filing fee to start a divorce in New York is $335. $335 filing fee statewide, plus $125 for the Request for Judicial Intervention (RJI) when needed. Index number fee of $210 applies in some cases.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $335 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $500-$2,000 (uncontested DIY) |
If you cannot afford the filing fee, New York offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in New York, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. New York courts are strict about service requirements.
New York is a equitable distribution state.
New York uses equitable distribution, dividing marital property fairly based on 14+ factors including income, property of each party, length of marriage, age and health, loss of inheritance rights, and contributions as a homemaker.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how New York law applies to your specific property.
New York uses the Child Support Standards Act (CSSA) percentage model.
New York applies a percentage to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, 35%+ for five or more. Income over $163,000 (2024 cap, adjusted annually) is subject to court discretion.
Understanding the timeline helps you plan and set realistic expectations for your New York divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $335 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
None (after grounds met) - New York has no specific waiting period after filing, but the '1-year separation' ground requires living apart for at least one year under a written separation agreement before filing.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Complex residency requirements (multiple options)
Both fault and no-fault grounds available
Uncontested Divorce Packet available from courts
Maintenance (spousal support) guidelines formula
'Removal of Barriers to Remarriage' form required
Automatic Orders freeze assets upon filing
Common questions about filing for divorce in New York without an attorney.
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New York-specific forms
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Child support calculator
Using New York's exact guidelines
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All New York divorce information verified from official state court sources.
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