The steps and their deadlines
- File to start the case
The case starts when you buy an index number and file the Summons With Notice (or Summons and Verified Complaint) with the County Clerk.Source: nycourts.gov - Serve your spouse within 120 days
Your spouse must be served within 120 days after the papers are filed with the County Clerk (CPLR 306-b).Source: nycourts.gov - Wait for your spouse to respond
If served in New York State, your spouse has 20 days to respond. If served outside New York State, your spouse has 30 days.Source: nycourts.gov - If your spouse signs UD-7, file right away
If your spouse signs the Affirmation of Defendant (UD-7), you can file the rest of the papers and put the case on the calendar right away.Source: nycourts.gov - If your spouse does not respond, wait 40 days
If your spouse does not respond (defaults), you must wait 40 days from the date of service before filing the rest of the papers.Source: nycourts.gov - After the judge signs
After the judge signs the judgment, it must be filed (entered) with the County Clerk and a copy with Notice of Entry served on your spouse by someone else.Source: nycourts.gov - If child support goes through the Support Collection Unit
If a party asks for child support services, the SCU form and signed Judgment of Divorce must be sent to the local Support Collection Unit within 20 days after the judgment is entered.Source: nycourts.gov
How long the whole divorce takes
nycourts.gov does not publish an official processing time from filing to signed judgment; it says only that you will be contacted when the judgment is ready. The no-fault ground also requires that the marriage has broken down for at least six months before you file.
Questions people ask
Is there a waiting period in New York?
There is no separate waiting period after filing when your spouse signs the Affirmation of Defendant (UD-7). If your spouse is served and does not respond, you wait 40 days from service before filing the rest of the papers.
Last checked against official New York court sources on October 1, 2026.