Divorce Resources in New York: Court Forms, Legal Aid & Filing Guide
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Crisis Resources
If you are in danger, call 911. For confidential support:
National Domestic Violence Hotline: 1-800-799-7233 | Text START to 88788
State/Provincial Hotline: 800-942-6906
Domestic Violence Resources
Statewide coalition providing advocacy, policy development, and a comprehensive program directory connecting survivors to local shelters, counseling, and legal services across all 62 New York counties.
New York State executive agency coordinating domestic violence prevention efforts, training for professionals, and public education programs. Operates under the Executive Department.
Provides emergency shelter, transitional housing, and comprehensive support services for domestic violence survivors and their children in the New York metropolitan area.
Protective Orders
In New York, victims of domestic violence can obtain an Order of Protection through two courts. In Family Court, orders are issued under Family Court Act Article 8 (§§ 812–846) as civil proceedings. Eligible petitioners include current or former spouses, persons related by blood or marriage, persons who share a child, and persons in an intimate relationship regardless of whether they have lived together, as defined in FCA § 812. In Supreme Court during a divorce action, orders of protection are issued under DRL § 240(3). A temporary order of protection may be granted ex parte upon a showing of good cause, and a final order may last up to five years. Orders may include stay-away provisions, no-contact directives, orders to vacate a shared residence, exclusive possession of the home, prohibition on firearms possession, and child support. Violating an order of protection is a criminal offense that can result in up to six months of incarceration under Penal Law § 215.51. To file, contact Family Court in the county where the abuse occurred or where either party resides.
Official Links & Resources
How to File for Divorce in New York
To file for divorce in New York, you must commence your action in Supreme Court by purchasing a $210 index number from the County Clerk and filing Form UD-1 (Summons With Notice) along with Form UD-2 (Verified Complaint). You must establish residency under DRL § 230, which requires at least one year of continuous residence if you married in New York or lived here as a married couple, or two years of residence with no other connection required. The most commonly used ground is irretrievable breakdown for at least six months under DRL § 170(7), which is New York's no-fault provision. All economic issues—equitable distribution, maintenance, child support, custody, and counsel fees—must be resolved before a no-fault judgment can be granted.
After filing, you must serve the summons and complaint on your spouse through personal service as required by CPLR § 308. If your spouse agrees to the divorce, they sign the Affidavit of Defendant (Form UD-7) waiving their right to answer. If they refuse or cannot be located, you must file an Affidavit of Service (Form UD-3) documenting proper service. Once service is complete, you prepare the remaining forms including the financial worksheets calculating child support under the Child Support Standards Act (DRL § 240) and maintenance under the Maintenance Guidelines Law (DRL § 236B). Both parties must also comply with the Automatic Orders under 22 NYCRR § 202.16-a, which restrict asset transfers and insurance changes.
To finalize your divorce, file the Note of Issue (Form UD-9) and Request for Judicial Intervention (Form UD-13) with the County Clerk, paying the $125 Note of Issue fee. Include three copies of the Note of Issue, the proposed Findings of Fact and Conclusions of Law (Form UD-10), the proposed Judgment of Divorce (Form UD-11), and the Part 130 Certification (Form UD-12). The judge reviews all submitted documents and, if satisfied that jurisdictional requirements and grounds are established, signs the Judgment of Divorce. The County Clerk then enters the judgment, and either party may purchase certified copies for $8 each. The entire uncontested process typically takes four to six months from filing to final judgment.
Required Court Forms
Initiating document that formally commences the divorce action and notifies the defendant of the grounds alleged under DRL § 170. Must be filed with the County Clerk along with the $210 index number fee.
Sworn statement detailing the marriage date, residency basis under DRL § 230, grounds for divorce under DRL § 170, and relief sought including custody, support, and equitable distribution.
Sworn statement from the person who served the divorce papers on the defendant, required when the defendant does not sign the Affidavit of Defendant (UD-7). Must detail the date, time, and method of service.
Required under DRL § 253, this sworn statement certifies that the plaintiff has taken all steps within their power to remove any barriers to the defendant's remarriage following the divorce.
Attorney or plaintiff certification that the divorce papers were properly prepared and served in accordance with New York law and court rules.
Sworn statement by the plaintiff confirming marriage details, residency under DRL § 230, grounds under DRL § 170, and that no prior proceedings have been filed between the parties.
Signed by the defendant acknowledging receipt of the summons and complaint, waiving the right to answer, and consenting to the divorce. If defendant refuses to sign, plaintiff must use Form UD-3 instead.
Worksheets calculating child support under the Child Support Standards Act (DRL § 240) and maintenance under the Maintenance Guidelines Law (DRL § 236). Includes annual income worksheet and guideline calculations.
Filed with the County Clerk along with the $125 fee to place the case on the court calendar for judicial review. Three copies required at filing.
Proposed findings for the judge to sign, establishing that jurisdictional requirements under DRL § 230 are met, grounds under DRL § 170 are proven, and ancillary relief is properly addressed.
The final court order dissolving the marriage. Addresses equitable distribution, maintenance, child support, custody, and any Qualified Domestic Relations Orders (QDROs).
Certification under 22 NYCRR § 130-1.1a that the papers submitted are not frivolous and that the signatory has read and verified the contents of all documents filed.
Filed with the Note of Issue to request assignment of a judge to the case. Required for uncontested divorce submissions in all New York counties.
Composite packet containing all forms (UD-1 through UD-13) plus supplemental forms including the Notice of Automatic Orders, income withholding order, child support application, and fee waiver application.
Filing on your own?
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How Much Does It Cost to File for Divorce in New York?
| Fee Type | Amount |
|---|---|
| Index Number (Commencement of Action) | $210 |
| Note of Issue / Request for Judicial Intervention | $125 |
| Motion or Order to Show Cause | $45 |
| Certified Copy of Judgment of Divorce | $8 |
Fee Waiver: New York allows fee waivers under CPLR § 1101 for parties who cannot afford court filing fees. To apply, complete the Affidavit in Support of Application to Proceed as Poor Person included in the Uncontested Divorce Packet and submit it with a proposed Poor Person Order, the completed summons and verified complaint, and proof of all income sources. The affidavit must detail income, assets, real property owned, and explain why you lack sufficient means to pay. Recipients of public benefits (SNAP, Medicaid, TANF, SSI) generally qualify. If approved, the court waives the $210 index number fee, $125 Note of Issue fee, and all motion fees. If denied, you have 120 days to pay the fees before the case is dismissed. If you later receive a judgment or settlement, the court may require repayment of waived fees.
Free & Low-Cost Legal Help
Provides free legal help to low-income New Yorkers with offices in multiple boroughs, handling family law and civil matters.
Eligibility: Low-income New York residents; income-based eligibility requirements
Largest legal aid organization in NYC providing free representation to low-income residents on civil issues including family matters and housing.
Eligibility: Low-income individuals; income guidelines based on federal poverty level
Provides free civil legal aid to upstate low-income residents in family law and other practice areas across multiple counties.
Eligibility: Low-income individuals; income-based eligibility
Parenting Class Requirements
New York operates the Parent Education and Awareness Program (PEAP) under 22 NYCRR Part 144. In any divorce, separation, custody, or visitation proceeding in Supreme Court or Family Court, the judge may order both parents to attend a certified parent education program. The program covers four core topics: creating supportive parent-child relationships, protecting children from parental conflict, understanding the legal process, and promoting healthy child adjustment. Both parents must attend, but they cannot attend the same session. New York does not mandate PEAP statewide for all divorcing parents—participation is at judicial discretion and varies by county. Parents may also self-refer. Non-compliance may result in contempt of court or the judge declining to finalize the divorce. A list of certified PEAP providers is maintained at nycourts.gov/ip/parent-ed.
Mediation Requirements
New York implemented a statewide Mandatory Presumptive Mediation initiative in 2019, requiring most divorce and custody cases to attempt mediation before proceeding to litigation. Under this initiative and the court rules at 22 NYCRR § 202.16(f), judges in many counties refer matrimonial cases to mediation early in the legal process, particularly for custody and visitation disputes under DRL § 240. The New York City Family Court operates a dedicated Custody/Visitation Mediation Program accepting cases from all five boroughs. Cases involving domestic violence, child abuse, or significant power imbalances between spouses are exempt from mandatory mediation referrals. Court-sponsored mediation is typically limited to custody and decision-making issues, while private mediation may address equitable distribution under DRL § 236B, maintenance, and all other financial matters. The court's ADR resources are available at nycourts.gov/ip/adr/divorcemediation.shtml.
Financial Disclosure Requirements
New York requires mandatory financial disclosure in all contested matrimonial actions. Under DRL § 236B(4)(a), each party must file a sworn Statement of Net Worth with the court within 10 days after joinder of issue. The Statement of Net Worth must detail all income sources, assets, liabilities, and expenses, and must be accompanied by a signed copy of the attorney's retainer agreement under 22 NYCRR § 202.16(c). Supporting documents include three to five years of tax returns, pay stubs, bank statements, investment and retirement account statements, credit card statements, loan documents, deeds, titles, and business financial records. In uncontested divorces with children, parties must complete the Child Support Standards Chart (Form UD-8) and the Maintenance Guidelines Worksheet (Form UD-8(2)) under the Child Support Standards Act (DRL § 240) and the Maintenance Guidelines Law (DRL § 236B). Intentional misrepresentation on the sworn statement constitutes perjury and may result in sanctions, adverse rulings, or criminal charges.
Vetted New York Divorce Attorneys
Each city on Divorce.law has one personally vetted exclusive attorney.
O'Brien Monagan Law Firm PC
Albany, New York
Levene Gouldin & Thompson LLP
Binghamton, New York
Hawthorne & Vesper PLLC
Buffalo, New York