New York divorce at a glance
Official source: New York court forms & self-help. Always confirm current forms and fees with the court before filing.
How to file for divorce in New York: step by step
New York lets spouses end a marriage without blaming anyone, using the Uncontested Divorce process when you agree (or your spouse won’t oppose it). Here is the path from start to a signed Judgment of Divorce.
- Confirm you can file in New York
Check the residency rule: usually one spouse must have lived in New York for at least a year (with a New York connection), or two years otherwise. Your divorce must be uncontested — you and your spouse agree on everything, or your spouse will not oppose it.Source: DRL §§ 230, 170(7) - Generate and review your documents
Use LawCat to complete your intake and generate the Uncontested Divorce packet (Summons, Verified Complaint, and the supporting affidavits). Read each document — you are swearing the facts are true.Source: NY Uniform Uncontested Divorce Packet (UD-1 to UD-14) - Buy an index number and file the Summons
Go to the Supreme Court clerk in your county, buy an index number (about $210), and file your Summons with Notice or Summons and Verified Complaint. If you cannot afford the fee, file a poor-person application to ask the court to waive it.Source: CPLR § 1101 (fee waiver); NYSCEF - Serve your spouse
Your spouse must be served with the divorce papers by someone over 18 who is not you. Your spouse then signs an Affidavit of Defendant agreeing to the divorce, which you file. If they sign and return it, no in-person service is needed.Source: Affidavit of Defendant (UD-7) - Complete the financial disclosure
New York requires a sworn Statement of Net Worth listing your income, expenses, assets, and debts. LawCat builds it from your financial intake.Source: DRL § 236; Statement of Net Worth - Add child support figures (if you have children)
If you have children, complete the Child Support Worksheet. New York uses a set percentage of your combined income (17% for one child, 25% for two, and so on). LawCat’s calculator does the math.Source: DRL § 240(1-b); Child Support Worksheet UD-8 - File the final papers (RJI, Note of Issue, proposed judgment)
Submit the Request for Judicial Intervention (about $95), the Note of Issue (about $30), your affidavits, the Findings of Fact, and a proposed Judgment of Divorce for the judge to sign.Source: NY uncontested judgment package - Receive your signed Judgment of Divorce
The judge reviews everything and signs the Judgment of Divorce. Get a certified copy from the clerk for your records.Source: Judgment of Divorce (UD-11)
What does filing “pro se” (without a lawyer) mean in New York?
Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. In New York you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.
Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.
LawCat prepares your New York pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.
How child support is calculated in New York
Percentage of combined parental income (17/25/29/31/35% for 1–5 children), prorated between parents (CSSA).
For example, with a combined income of $100,000 and two children (25% of combined income), the basic obligation is about $25,000 a year, split between the parents by income. Try your own numbers:
Note: combined parental income above about $183,000 is at the court’s discretion.
How long does a New York divorce take?
No fixed post-filing waiting period. The marriage must have been irretrievably broken for at least 6 months before you file; timing after that depends on the county clerk and court calendar. After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.
Common reasons New York divorce filings get rejected
- Missing signatures, or forms that aren’t notarized where the court requires it.
- Skipping the financial disclosure both spouses are required to exchange.
- Filing before meeting the residency requirement.
- Mistakes serving the other spouse, or forgetting to file the proof of service.
- Not following local county rules. The UD packet is statewide, but county matrimonial-part practices differ (RJI handling, proposed-judgment mechanics, extra copies, self-addressed envelopes).
LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.
Generate your New York divorce documents — free
Answer a few simple questions and LawCat prepares your complete New York uncontested-divorce packet, with step-by-step filing instructions. No fee for your documents.
Start free →Forms in your New York divorce packet
LawCat prepares each of these New York forms for you, filled in from your answers:
Why LawCat is free
Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.
Compare divorce filing fees in every state →
New York divorce FAQ
Do I need a lawyer to get divorced in New York?
No. New York allows you to file for divorce yourself (pro se). LawCat prepares your New York divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.
How long do I have to live in New York to file for divorce?
1 year with NY nexus, otherwise 2 years (DRL 230)
How much does it cost to file for divorce in New York?
~$335 total: $210 index number, $95 RJI, $30 Note of Issue. Fee waiver: poor person relief (CPLR 1101) application included in DIY flow. With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.