New York Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

3-6 months for uncontested divorces where the defendant signs Form UD-7 promptly; 9-18 months for contested divorces proceeding through the full conference and discovery process; 2+ years for high-conflict contested cases involving custody disputes, business valuations, or extensive trial proceedings in New York Supreme Court

Documents to Gather

Certified Marriage Certificate
Birth Certificates for Children Under 21
Prenuptial or Postnuptial Agreement(if applicable)
Separation Agreement(if applicable)
Prior Court Orders(if applicable)
Government-Issued Photo Identification
Social Security Numbers
Proof of Residency

Financial Documents

Federal and State Tax Returns (Last 3-5 Years)
Recent Pay Stubs (Last 3 Months)
Bank Statements (All Accounts, Last 12 Months)
Investment and Brokerage Account Statements
Retirement Account Statements
Real Property Documents
Vehicle Titles and Loan Documents
Credit Card Statements (Last 12 Months)
Life Insurance and Health Insurance Policies
Business Financial Records(if applicable)
Loan Documents and Debt Records

Key Steps

1. Before Filing

Verify Residency Requirements Under DRL Section 230
Determine Your Grounds for Divorce Under DRL Section 170
Gather Essential Personal and Financial Documents
Understand Automatic Orders Under DRL Section 236(B)(2)(b)

2. Filing Process

Complete the Summons and Verified Complaint Forms
Purchase an Index Number and File with the County Clerk
Serve Your Spouse with Divorce Papers

3. After Filing

Wait for Your Spouse's Response Within the Statutory Deadline
Exchange Financial Disclosure and Statements of Net Worth
Attend the Preliminary Conference and Set Discovery Schedule
Complete Discovery and Attend Compliance Conference
Submit Remaining Uncontested Divorce Papers for Judgment
Obtain and File the Judgment of Divorce
Comply with Post-Judgment Orders and Update Legal Records

Key Deadlines

Plaintiff must serve Defendant after filing120 days from filing the Summons with the County Clerk

Defendant must respond after personal service in New York20 days after personal service within New York State

Defendant must respond after service outside New York30 days after service outside New York State

Plaintiff must file Request for Judicial Intervention (contested)45 days from service (or 120 days if Notice of No Necessity filed)

Preliminary Conference must be held45 days after case assignment to a judge

Discovery must be completed and Note of Issue filed6 months from the Preliminary Conference date

Automatic Orders expireUpon entry of Judgment of Divorce or dismissal of the action

Quick Reference

To file for divorce in New York, you must file a Summons with Notice (Form UD-1) or Summons and Verified Complaint (Forms UD-1a and UD-2) with the Supreme Court County Clerk, paying $210 for an index number. You must meet the residency requirements under DRL Section 230 — most commonly, one year of continuous residence if you married in New York, lived here as a married couple, or the cause arose here, or two years of residence regardless of circumstances. The most common ground is irretrievable breakdown under DRL 170(7). Your spouse must be personally served within 120 days of filing by someone at least 18 years old who is not a party. The defendant has 20 days to respond if served in New York (30 days if served outside the state). For an uncontested divorce, complete and submit Forms UD-5 through UD-12, plus the Certificate of Dissolution and the Note of Issue ($125 fee), for a total minimum cost of $335. Automatic orders under DRL 236(B)(2)(b) freeze marital assets upon filing. Uncontested divorces typically take 3 to 6 months; contested cases take 9 to 18 months or longer. Fee waivers are available under CPLR 1101 for those who cannot afford court costs.