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Filing for divorce in New York

What you file, where you file, what it costs, and the rules that catch people out. Compiled from New York court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
UD-1 Summons with Notice, or UD-1a Summons with UD-2 Verified Complaint
UD-3 Affidavit of Service
UD-4 Sworn Statement of Removal of Barriers to Remarriage, with UD-4a Affidavit of Service
UD-5 Affirmation of Regularity, required in every uncontested case
UD-6 Affidavit of Plaintiff, UD-7 Defendant's Affirmation if your spouse agrees
UD-8(1)(2)(3) Income, Maintenance, and Child Support Worksheets
UD-9 Note of Issue, UD-13 Request for Judicial Intervention
UD-10 Findings of Fact, UD-11 Judgment of Divorce, UD-12 Part 130 Certification
UD-14 Notice of Entry, served with an affidavit of service after the judgment is signed
Poor Person application, the fee waiver, under CPLR 1101
Where you fileSupreme Court in your county. The clerk assigns an index number that must appear on every later filing.
What it costsAround $335 total, built from a $210 index number fee plus judicial intervention and note of issue fees. Waivable.
The sequence
1. Download the Uniform Uncontested Divorce Packet, Forms UD-1 through UD-14, free from the court system.
2. Buy an index number with the Application for Index Number, then file your summons and complaint.
3. Serve your spouse and file the Affidavit of Service.
4. If your spouse agrees, have them sign the Defendant's Affirmation, Form UD-7, which speeds the calendar.
5. Put the case on the calendar with the Note of Issue and Request for Judicial Intervention.
6. Submit the proposed Findings of Fact and Judgment of Divorce for the judge to sign, then file the Notice of Entry.
Uncontested cases can often be completed without ever appearing in court, though they commonly take four to six months. Confirm current fees and forms with the court.
Court forms

In New York, only the Supreme Court grants divorces (not Family Court). The state provides free forms, and for simple cases without children under 21 there is a free interactive DIY program that builds your papers by asking questions.

All statewide divorce formsThe full library of uncontested and contested divorce forms from the NY Unified Court System.
Uncontested divorce packet and instructionsIncludes the instruction booklet and the common-mistakes guide that causes most filing delays.
Free DIY uncontested divorce programInteractive tool for cases with no children under 21 where the marriage has been over 6+ months. A fee waiver is available for financial hardship.
State rules and gotchas

Filing freezes both spouses' finances immediately Verified Jul 2026

The moment a divorce is filed in New York, Automatic Orders take effect on both spouses. Until the case ends or the court says otherwise, neither of you may sell, transfer, or hide assets, take on unusual debt, change insurance beneficiaries, or move the children out of state without the other's written consent or a court order. Violating them can be treated as contempt of court.

Source: NY Domestic Relations Law Section 236, served as the Notice of Automatic Orders with the summons.

Family Court cannot grant your divorce Verified Jul 2026

Many people assume Family Court handles divorce. In New York it does not. Family Court can decide custody, child support, and orders of protection, but the divorce itself must be filed in the Supreme Court of the county. Filing in the wrong court costs time.

Source: New York State Unified Court System (nycourts.gov).

Property is split "equitably," which is not always 50/50 Verified Jul 2026

New York is an equitable-distribution state. Marital property is divided fairly based on a list of statutory factors, which can produce an uneven split. Separate property, owned before the marriage or received by gift or inheritance, generally stays with the spouse who owns it.

Source: NY Domestic Relations Law Section 236(B).

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