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Uncontested divorce in New York: DIY process, forms, and costs (2026)
An uncontested divorce in New York costs as little as $335 in court filing fees and typically takes 3 to 6 months from filing to final judgment. No court appearance is required in most cases. New York has no mandatory waiting period after filing, making it one of the faster states to finalize an agreed-upon divorce.
Quick answer
An uncontested divorce in New York is a paper-based process: you and your spouse agree on all terms, complete the state's Uniform Uncontested Divorce Packet, file it with your county Supreme Court, and wait for a judge to review and sign the Judgment of Divorce. No hearing is required in most cases. Court filing fees total $335 as of 2026, and most cases finalize within 3 to 6 months of filing.
What is an uncontested divorce in New York?
An uncontested divorce happens when both spouses have fully agreed on every issue in the case before it goes to a judge. That means you've settled how to divide property and debts, whether either spouse will receive maintenance (spousal support), and if children are involved, how custody, parenting time, and child support will work.
New York also permits a divorce to proceed as uncontested when one spouse simply does not respond to the divorce papers after being served. In that situation, the court can enter a default judgment without requiring the non-responding spouse's cooperation. Either path leads to the same outcome: a Judgment of Divorce signed by a Supreme Court judge, without a contested hearing.
Since 2010, New York has been a no-fault divorce state. You do not need to prove wrongdoing by your spouse. The recognized ground is simply that the marriage has been irretrievably broken for at least six months. Nearly all uncontested divorces in the state are filed on this basis.
New in 2025: joint filing is now an option
As of January 2025, New York allows couples to file uncontested divorce forms jointly. When you file jointly, neither spouse needs to serve the other with papers, and there is no waiting period for the served spouse to respond. This is the fastest path available for couples who are fully aligned on the terms of their divorce.
Do you qualify? Residency and eligibility requirements
Before filing, you need to confirm you meet New York's residency requirements. At least one of the following must be true:
- Either spouse has lived continuously in New York for at least 2 years immediately before filing.
- Either spouse has lived continuously in New York for at least 1 year before filing, and: the parties were married in New York, OR the parties lived in New York as a married couple, OR the grounds for divorce occurred in New York.
- Both spouses are New York residents at the time of filing and the grounds for divorce occurred in the state.
Beyond residency, an uncontested divorce requires that you and your spouse have fully resolved all open issues, or that your spouse has agreed not to contest the proceedings. If your spouse contests any issue after papers are served, the case becomes contested and these forms can no longer be used.
| Factor | Details |
|---|---|
| Residency requirement | 1 or 2 years (depends on circumstances) |
| Grounds for divorce | Irretrievable breakdown of the marriage (no-fault) |
| Waiting period after filing | None |
| Court appearance required? | No, in most uncontested cases |
| Court filing fees | $335 minimum (as of 2026) |
| Typical timeline | 3 to 6 months from filing |
| Where to file | Supreme Court in the county where either spouse lives |
Required forms for an uncontested divorce in New York
New York's Unified Court System provides the official Uniform Uncontested Divorce Packet, most recently updated on March 1, 2026. There are two versions: one for couples without children under 21, and one for couples who have children under 21. Both are available as free downloads through the NY Courts website.
Core forms in the packet
The forms required in most uncontested cases include:
- Summons with Notice or Summons and Verified Complaint — the document that officially starts your divorce action
- Verified Complaint — states the grounds for divorce and the relief you're requesting
- Affidavit of Defendant (Form UD-7) — signed by the responding spouse to confirm they agree to the terms and waive further service
- Affidavit of Service — proof that your spouse received the divorce papers
- Net Worth Statement — a financial disclosure form both spouses must complete
- Proposed Judgment of Divorce — the document the judge signs to finalize your divorce
- Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) — required when religious barriers to remarriage may exist
- Notice of Automatic Orders — informs both spouses of restrictions in effect once the action is filed (no hiding assets, no changing insurance, etc.)
Additional forms when children are involved
If you have children under 21, you will also need:
- Child Support Summary Form (Form UD-8)
- Child Support Worksheet
- Parenting plan or custody and visitation agreement
- Qualified Medical Child Support Order (if applicable)
Helpful resource
The NY CourtHelp DIY Uncontested Divorce Program generates customized forms online for qualifying couples who have no children under 21 and have been legally separated under a written agreement for at least 6 months. If you have minor children, use the paper Uniform Uncontested Divorce Packet and follow the written instructions carefully. Errors in completed forms are one of the most common reasons for delays.
Not sure where to start with your New York divorce?
Hello Divorce walks you through every form and step without the attorney price tag.
Step-by-step filing process
Here is the full sequence for filing an uncontested divorce in New York without an attorney.
Confirm eligibility and reach agreement with your spouse
Verify you meet at least one of New York's residency requirements. Before filing a single form, you and your spouse need a complete written agreement on property division, any maintenance payments, and, if applicable, custody and child support. This agreement becomes your settlement agreement or stipulation, and it will be incorporated into your final Judgment of Divorce. If you're struggling to reach agreement on any issues, divorce mediation can help you get there without going to court.
Download and complete your divorce packet
Download the correct packet from the New York Courts Uncontested Joint Divorce forms page. Read the full instruction booklet before touching a single form. Many forms require notarization, so have forms signed in front of a notary public. Make at least two copies of every completed document before filing.
File the initial papers and pay the index number fee
File your Summons with Notice (or Summons and Verified Complaint) with the County Clerk's Office in the New York Supreme Court for the county where either spouse lives. Pay the index number fee of $210 at filing. Some counties allow electronic filing through NYSCEF (New York State Courts Electronic Filing system), which can significantly speed up the process. Check your county's e-filing availability before going in person.
Serve your spouse (unless filing jointly)
If you filed individually (not jointly), your spouse must be personally served with the divorce papers within 120 days of filing. Service must be done by someone other than you, an adult who is not a party to the action. After service, that person completes an Affidavit of Service. If your spouse signs the Affidavit of Defendant (Form UD-7) agreeing to the divorce, you can file the remaining papers immediately. If your spouse does not respond, you must wait 40 days from the date of service before filing the rest of your paperwork as a default.
File the remaining paperwork and pay the Note of Issue fee
Once your spouse has responded (or the default waiting period has passed), file the complete package of remaining documents with the county clerk. Pay the $125 Note of Issue fee at this stage. Your case is then placed on the court's matrimonial calendar for a judge to review. Depending on the county, you may also need to submit a self-addressed stamped envelope.
Wait for the judge to sign the Judgment of Divorce
A judge reviews all submitted paperwork. If everything is in order, they sign the Judgment of Divorce without you appearing in court. How long this takes depends almost entirely on court backlog in your county. NYC boroughs tend to have longer waits than upstate counties. Once signed, the judgment is recorded by the County Clerk. Obtain certified copies for your records; each costs $8.
How much does an uncontested divorce cost in New York?
The cost of an uncontested divorce in New York depends on whether you handle everything yourself, use a document preparation service, or hire an attorney. Court fees are fixed; the rest is up to you.
| Expense | Cost | Notes |
|---|---|---|
| Index number fee | $210 | Paid at initial filing with the county clerk |
| Note of Issue fee | $125 | Paid when filing the final packet |
| Service of process | $40 to $75 | Not needed with joint filing |
| Certified copies of judgment | $8 each | Get at least 2 certified copies |
| Total DIY court costs | $335 to $500 | Forms are free; no attorney fees |
| With document prep service | $500 to $1,500 | Service fees vary widely |
| With attorney assistance | $1,500 to $5,500 | Higher for complex assets or parenting plans |
Fee waivers for those who cannot afford filing costs
If you receive SSI, public assistance, or Medicaid, or if your income falls below 200% of the federal poverty level, you may qualify to have the court filing fees waived entirely. File an Affidavit in Support of Application to Proceed as a Poor Person with your initial paperwork. The court clerk can explain which form to use in your county.
How long does an uncontested divorce take in New York?
New York has no mandatory waiting period after filing, which puts it ahead of most states on speed. That said, the actual timeline depends on two factors: how quickly you and your spouse complete and submit all required paperwork, and how long your county's courts take to get to your case.
Most uncontested divorces in New York take 3 to 6 months from initial filing to the signed Judgment of Divorce. In the best-case scenario with a joint filing, complete paperwork, and a county with a light caseload, some cases have finalized in as few as 6 weeks. Counties within New York City typically have longer backlogs than upstate or rural counties.
| Divorce type | Typical timeline |
|---|---|
| Uncontested (joint filing, ideal conditions) | 6 to 12 weeks |
| Uncontested (standard) | 3 to 6 months |
| Default divorce (spouse did not respond) | 4 to 7 months |
| Contested divorce | 9 to 18 months or longer |
Property division, support, and children
A truly uncontested divorce requires you to resolve every open issue before the judge ever sees your file. Here's what that means for the most common areas of dispute.
Property division
New York follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. Courts consider factors including the length of the marriage, each spouse's income and earning capacity, and each person's contributions to the marriage. In an uncontested divorce, you and your spouse decide this yourselves and formalize the agreement in a written settlement agreement. Marital property generally includes everything acquired during the marriage. Separate property (assets owned before marriage or received as gifts or inheritances) typically remains with the original owner.
Spousal maintenance
Spousal maintenance (what other states call alimony) is not automatic in New York. Whether maintenance is paid, how much, and for how long is something couples in an uncontested divorce negotiate and agree upon. New York does have statutory guidelines for calculating temporary and post-divorce maintenance amounts, which serve as a useful starting point for negotiations. If you need help understanding what a fair maintenance arrangement looks like in your specific situation, a one-hour consultation with a Hello Divorce attorney can give you an objective read without committing to full representation.
Children: custody, parenting time, and child support
If you have children under 21, your uncontested divorce requires an agreed parenting plan covering legal custody (decision-making), physical custody (where children live), and parenting time schedules. Child support in New York is calculated using a statutory formula based on both parents' combined incomes and the number of children. Your Child Support Worksheet must reflect this calculation accurately. A judge will review any custody and support terms to confirm they are in the best interests of the children before signing off on your divorce.
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Frequently asked questions about uncontested divorce in New York
Can I file for divorce in New York without an attorney?
Yes. You can file for divorce pro se (self-represented) using the official Uniform Uncontested Divorce Packet from the New York State Unified Court System, available at no cost. Most people who handle their own uncontested divorce have no major assets to divide, no children, or are comfortable reading and completing detailed legal forms. If your situation involves substantial property, retirement accounts, a business, or complex custody arrangements, getting at least one consultation with a family law attorney before filing is worth the investment.
Do I have to go to court for an uncontested divorce in New York?
In most uncontested cases, no court appearance is required. A judge reviews your paperwork and signs the Judgment of Divorce without you being present. Some counties may schedule a hearing if forms are incomplete or if questions arise, and cases involving children occasionally result in a brief appearance to confirm the parenting arrangements are in the child's best interest. If you are in doubt, check with your county clerk's office about local practice.
What if my spouse won't sign the divorce papers?
If your spouse refuses to participate, you can still pursue a divorce through a default proceeding. After serving your spouse with papers and waiting 40 days without a response, you can file the remaining documents and request that the court enter a default judgment. New York does not require your spouse's consent to grant a divorce. If your spouse files an Answer contesting any part of the divorce, the case becomes contested and you will likely need an attorney.
Does New York divide property 50/50 in a divorce?
No. New York is an equitable distribution state, not a community property state. Marital property is divided fairly based on the circumstances of your marriage, but that does not mean an automatic 50/50 split. Factors the court considers include the length of the marriage, each spouse's income and earning potential, contributions to the household, and the economic circumstances of each person. In an uncontested divorce, you and your spouse negotiate and agree on how to divide everything, and the court confirms your agreement is reasonable before signing off.
Can we use the same forms if we have children?
Yes, but there is a separate version of the Uncontested Divorce Packet specifically for couples who have children under 21. This packet includes additional forms for custody, parenting time, and child support. If you have children, you cannot use the DIY online program through NY CourtHelp; you must use the paper packet. Your child support amount must follow the New York statutory formula and will be reviewed by the judge before the divorce is finalized.
How do I know which county to file in?
File in the Supreme Court of the county where either you or your spouse currently lives. If you have recently moved, the county you file in can also affect how long your case takes, since some counties process cases much faster than others. New York City boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) typically have longer processing times than upstate counties.
New York court resources and official forms
These official government resources are the authoritative source for New York divorce forms, instructions, and court information.
- New York Courts: Uncontested Joint Divorce Forms (updated March 1, 2026)
- NY CourtHelp: Calendaring an Uncontested Divorce Case
- New York Courts: Uncontested Divorce Forms (with children under 21)
- New York State Unified Court System: Composite Uncontested Divorce Forms PDF
- LawHelpNY: How to get an uncontested divorce (plain-language guide)
References & further reading
Sources cited in this article and recommended for further reading.
- 1. New York State Unified Court System. "Uncontested Joint Divorce Forms" — Official court forms and instruction booklet for filing a joint uncontested divorce in New York, updated March 1, 2026. New York Courts, 2026. Accessed April 2026.
- 2. LawHelpNY. "How do I get an uncontested divorce?" — Plain-language guide to the New York uncontested divorce process for self-represented filers. LawHelpNY, October 2025. Accessed April 2026.
- 3. Divorce.law. "How to File for Divorce in New York: Complete 2026 Guide" — Overview of New York divorce law, fees, and timelines as of March 2026, reviewed quarterly. Divorce.law, March 2026. Accessed April 2026.
- 4. WomensLaw.org. "Divorce: Steps and costs for contested and uncontested divorce" — Step-by-step overview of the New York divorce process with practical guidance for self-represented parties. WomensLaw.org, September 2025. Accessed April 2026.
- 5. Hello Divorce. "Divorce Services" — On-demand attorney consultations, mediation, and financial analyst sessions available to Hello Divorce members. hellodivorce.com. Accessed April 2026.