Filing for Divorce in New York: Step-by-Step (Forms, Fees, and Timeline)

New York has no waiting period, no mandatory parenting class, and — for a couple that agrees on everything — no court appearance at all. It also has the most paper-heavy uncontested procedure of any large state: a packet of roughly twenty forms, several of them sworn, that a judge reviews line by line and sends back if a single required recital is missing. The contested track is run by a set of court rules (22 NYCRR Part 202) with hard deadlines most self-represented filers have never heard of: a Request for Judicial Intervention due 45 days after service, a preliminary conference 45 days after that, and a sworn Statement of Net Worth that must be exchanged before either happens.

This guide walks the New York process in the order it happens — from proving the court can hear your case to the day the Judgment of Divorce is entered and the weeks after it — with the statutes, the court rules, the form numbers, the fees, and the places where self-represented filers get stuck. It covers both the spouse who files (the plaintiff; New York uses civil-action labels) and the spouse who is served (the defendant).

For New York's substantive rules — the fourteen equitable distribution factors, the maintenance and child support formulas, custody standards — see the New York divorce guide. This article is about procedure.

This article is for informational purposes only and is not legal advice. The statutes, rules, and form numbers cited are current as of the publication date, but each of New York's sixty-two counties has its own matrimonial clerk, and the Supreme Court parts in New York City operate differently from those upstate. Confirm current procedure with your county's Help Center, the Unified Court System's uncontested divorce instructions, or a New York matrimonial attorney.

Before You File: Three Threshold Questions

1. Can you file in New York, and in which court and county?

Only one court in New York can grant a divorce: the Supreme Court, which despite the name is the state's trial court of general jurisdiction, with a branch in every county. Family Court cannot divorce you. It can issue custody, visitation, child support, spousal support, paternity, and order-of-protection orders between married people who are not divorcing, and many New Yorkers use it for exactly that while a marriage winds down, but the divorce itself — and the division of property that comes with it — is a Supreme Court action. If you already have a Family Court support or custody order, the Supreme Court can take it over once the divorce is filed, or leave it in place.

Residency is governed by Domestic Relations Law § 230, which is more generous than the "two years" most people have heard. You qualify if any one of these is true on the day you file:

1. You were married in New York and either spouse has lived here continuously for one year;
2. You lived in New York as a married couple and either spouse has lived here continuously for one year;
3. The grounds arose in New York and either spouse has lived here continuously for one year;
4. The grounds arose in New York and both spouses live here on the filing date (no minimum period); or
5. Either spouse has lived in New York continuously for two years.

For a no-fault divorce under § 170(7), the "grounds" — the irretrievable breakdown — arise wherever the spouses were living when the marriage broke down, so a couple who moved to New York together and separated here can file after one year under the third route, and immediately under the fourth if both still live here. Only a spouse who moved to New York alone, from a marriage formed and lived elsewhere, needs the full two years. Residency means an actual, continuous home here; a Manhattan apartment kept while living primarily in Connecticut will not satisfy it, and the court can dismiss a divorce for lack of residency even after judgment if the defendant proves the plaintiff never qualified.

Venue — which county — follows the general civil rule in CPLR § 503: the county where either spouse lives. Nothing stops a Westchester resident from filing in New York County, and attorneys sometimes choose a county for the speed of its matrimonial parts, but a defendant can move to change venue to their own county and the court will usually grant it. For an uncontested case, file where you live; the judge who reviews your packet will be local, and so will the Help Center you will need.

New York recognizes same-sex marriages performed anywhere (Marriage Equality Act, 2011), and the § 230 residency routes apply to them identically. The military divorce guide covers residency for service members, who may count time stationed in New York if they intend to remain.

2. Which grounds — and why nearly everyone uses § 170(7)

New York was the last state in the country to adopt no-fault divorce, in 2010, and it kept the six fault-based grounds alongside the new one. All seven are in DRL § 170:

Ground	What you must prove
§ 170(1) Cruel and inhuman treatment	Conduct that makes it unsafe or improper to continue living together; a high bar in long marriages
§ 170(2) Abandonment	Physical departure, lock-out, or refusal of relations for one year or more
§ 170(3) Imprisonment	Confinement for three or more consecutive years after the marriage
§ 170(4) Adultery	Proven by evidence other than the spouses' own testimony (DRL § 171); rarely pleaded
§ 170(5) Separation under a judgment	One year living apart under a court judgment of separation
§ 170(6) Separation under an agreement	One year living apart under a written, acknowledged, and filed separation agreement — the "conversion divorce"
§ 170(7) Irretrievable breakdown	One spouse's sworn statement that the relationship has broken down irretrievably for at least six months

Section 170(7) requires only the plaintiff's oath. The defendant cannot contest it, and the appellate courts have held that the sworn statement is sufficient on its own — a spouse who denies that the marriage is over does not get a trial on the question (Hoffer-Adou v. Adou, 2d Dept. 2014; Trbovich v. Trbovich, 4th Dept. 2014). The one condition the statute attaches is important: no judgment can be granted on § 170(7) grounds until every economic issue — equitable distribution, maintenance, child support, counsel fees — and custody and visitation has been resolved by the parties or decided by the court. New York has no bifurcation. You cannot be divorced now and divide the property later.

The six-month requirement is backward-looking: the breakdown must have existed for six months before you swear to it, not continue for six months after you file. Most plaintiffs can truthfully swear to it the day they decide to file.

Fault grounds survive for a reason, but it is a narrow one. Marital fault is not a factor in equitable distribution unless it is "egregious" — the Court of Appeals in Howard S. v. Lillian S. (2010) limited that to conduct like attempted murder — and adultery is not a bar to maintenance. The practical uses of fault grounds are the § 170(6) conversion divorce for couples who signed a separation agreement a year or more ago (which lets them file on the agreement without re-negotiating anything — the legal separation vs. divorce guide explains the sequence) and abandonment where the defendant has vanished and the plaintiff wants grounds that do not require the § 170(7) six-month recital. Everyone else should plead § 170(7).

3. What filing does to your property

Under DRL § 236(B)(1)(c), marital property is property acquired by either spouse before the commencement of the action. The day you file is the day the marital estate closes. Salary earned, bonuses paid, stock vested, retirement contributions made, and debts incurred after that date are generally the acquiring spouse's own — subject to the court's power to pick a valuation date anywhere between commencement and trial (§ 236(B)(4)(b)), which matters for assets that move in value, like a brokerage account or a business.

If one spouse has a year-end bonus, a vesting date, or a closing coming, the filing date moves money from one column to the other. New York courts have also treated the commencement date as the presumptive end of the marital partnership for purposes of the "active appreciation" of separate property, so a business owner's post-filing growth is usually theirs. The marital vs. separate property guide covers classification in detail; the point here is that in New York, when you file is a financial decision, not just an emotional one.

Step 1: Choose the Opening Paper — Summons with Notice or Summons and Complaint

A New York divorce begins when you file a summons with the County Clerk and purchase an index number (CPLR § 304). You have two forms of summons, and the choice affects how the case unfolds:

Summons with Notice (Form UD-1). A one-page summons that states the nature of the action ("Action for a Divorce"), the grounds, and the ancillary relief you will seek — equitable distribution, maintenance, child support, custody, counsel fees, exclusive occupancy, name resumption — without a formal complaint. This is what nearly every self-represented plaintiff files, and what many attorneys file when settlement is likely, because it commits you to less. If the defendant demands a complaint (CPLR § 3012(b)), you have 20 days to serve one.

Summons and Verified Complaint (Forms UD-1a and UD-2). The summons plus a sworn pleading setting out the grounds and the facts in numbered paragraphs. Attorneys file this when the case will be contested from day one. It starts the defendant's clock to serve a Verified Answer rather than a notice of appearance.

Either way, the summons must carry the notation "Action for a Divorce" (DRL § 232(a)) and must have three notices attached or served with it. Omitting any of them is the most common reason a judge rejects an uncontested packet months later:

Notice	Authority	What it does
Notice of Automatic Orders	DRL § 236(B)(2)(b); 22 NYCRR § 202.16-a	The five statewide restraining orders described in Step 2
Notice of Guideline Maintenance	DRL § 236(B)(5-a) and (6)	Tells both spouses the temporary and post-divorce maintenance formulas exist and where to find the calculator
Notice Concerning Continuation of Health Care Coverage	DRL § 255	Warns both spouses that a divorce may end coverage under the other's health plan

Ask for everything you might want. The Summons with Notice is the pleading. If it does not list maintenance, the court cannot award it on default; if it does not request a resumption of your former name (DRL § 240-a), you will be amending the paper later. Check every box on the UD-1 that could conceivably apply. A defendant who later agrees to less is not harmed by an over-inclusive summons; a plaintiff who asked for too little is.

The Unified Court System publishes the complete uncontested packet — Forms UD-1 through UD-14 plus several ancillary forms — free on its website, and runs a free DIY Uncontested Divorce Program that interviews you and generates the packet. Unlike Florida's forms, the UD forms are designed for the uncontested case; a contested New York divorce is pleaded by attorneys in free-form papers under the CPLR.

Step 2: The Automatic Orders — Binding From the Moment You File

New York is one of the few states with a statewide set of automatic financial restraints, and they are strict. Under DRL § 236(B)(2)(b) and 22 NYCRR § 202.16-a, the Automatic Orders bind the plaintiff when the summons is filed and the defendant when the summons is served, and remain in effect until the judgment or a further court order. Neither spouse may:

1. Sell, transfer, encumber, conceal, assign, remove, or dispose of any property — real or personal, individually or jointly held — except for customary household expenses, reasonable attorney's fees, or in the usual course of business;
2. Withdraw from, borrow against, pledge, or change the beneficiary of any retirement account (401(k), IRA, pension, deferred compensation) except for the same three purposes;
3. Incur unreasonable debts — including further borrowing against a home equity line, further encumbering any asset, or unreasonably using credit cards or cash advances;
4. Remove the other spouse or the children from any health, hospital, or dental insurance or change the coverage; and
5. Change the beneficiaries on, or allow to lapse, any life, automobile, homeowners, or renters insurance policy.

Two features surprise people. First, the retirement-account order has no exception for hardship; a spouse who takes a 401(k) loan to pay rent after filing has violated it. Second, "customary household expenses" means the pattern established before filing — a sudden change in spending, even on necessities, will be scrutinized. The orders are enforced by contempt and, more commonly, by charging the violating spouse's share of the estate with whatever was spent. A spouse who needs relief from them — to sell a car, refinance, or tap savings — asks the court by motion.

Because the orders bind the plaintiff at filing but the defendant only at service, a plaintiff who delays service for weeks is restrained while the defendant is not. Serve promptly.

Orders of protection travel on a separate track. The Supreme Court may issue one in the divorce under DRL § 252, and Family Court has concurrent jurisdiction under Family Court Act Article 8 — a Family Court petition is free, can be filed the same day, and can produce a temporary order without notice to the other party. In New York City and several other counties, a divorce with a pending family-offense petition may be transferred to an Integrated Domestic Violence (IDV) Part, where one judge hears the divorce, the family offense, and any criminal case together. The divorce and domestic violence guide covers how an order affects custody and the case.

Step 3: File and Pay — or Apply for Poor-Person Relief

New York's court fees are set statewide by the CPLR and collected by the County Clerk in three pieces:

Fee	Authority	Amount	When paid
Index number	CPLR § 8018(a)	$210	At filing
Request for Judicial Intervention (RJI)	CPLR § 8020(a)	$95	When a judge is assigned — with the uncontested packet, or within 45 days of service in a contested case
Note of Issue	CPLR § 8020(a)	$30	With the uncontested packet, or when a contested case is ready for trial
Motion or cross-motion	CPLR § 8020(a)	$45 each	Contested cases only

Expect $335 in court fees for an uncontested divorce, plus a few dollars per certified copy of the judgment, plus whatever you pay a process server. Every spouse who files an answer with a counterclaim pays nothing additional to the clerk; the index number covers the action. Some New York City counties also charge a small fee for the Certificate of Dissolution.

If you cannot afford the fees, file an Affidavit in Support of Application to Proceed as a Poor Person under CPLR § 1101 with your summons. A judge (not the clerk) decides it, based on income, assets, and the nature of the action. If granted, the index number, RJI, and note of issue fees are waived, and the court may direct the sheriff to serve the summons without charge. The application is routinely granted for applicants on public assistance or with income near the federal poverty guidelines; the court may deny it to a plaintiff whose spouse has substantial means and instead direct that the fees be charged to the marital estate.

Where to file. The County Clerk's office — in most counties, a matrimonial window or a "Matrimonial Clerk" — issues the index number. The Supreme Court's Help Centers (formerly "Office for the Self-Represented") in every county will review your uncontested packet for completeness before you file it; they cannot tell you what to ask for. Electronic filing through NYSCEF is available for matrimonial actions but is consensual: both parties must agree, and a self-represented party must opt in. In an uncontested case, the plaintiff can generally e-file the entire packet alone once the defendant has defaulted or signed the Affidavit of Defendant. Upstate counties increasingly require e-filing from attorneys; it remains optional for self-represented litigants everywhere.

Confidentiality. Matrimonial files are sealed from the public by DRL § 235; only the parties and their attorneys may examine them. The parties' Social Security numbers appear on a Confidential Addendum, not on the public face of the judgment, and financial account numbers must be redacted under 22 NYCRR § 202.5(e).

Step 4: Service — Personal Delivery Is the Rule

New York is stricter about service in matrimonial actions than in ordinary civil cases. Under DRL § 232(a), the summons must be personally delivered to the defendant — the "nail and mail" and "leave with a person of suitable age" methods that work in a contract case (CPLR § 308(2) and (4)) are not available without a court order. The deadline is 120 days from filing (CPLR § 306-b); miss it and the court can dismiss the action, though it usually grants an extension for good cause.

Who can serve. Anyone 18 or older who is not a party (CPLR § 2103(a)) — a friend, relative, or professional server. The plaintiff may not serve. Inside New York City, a person who serves process more than five times a year must be a licensed process server; hiring one costs roughly $75–$150. Outside the state, the summons may be served under CPLR § 313 by anyone authorized to serve process where the defendant is, or by a New York resident 18 or older. The server completes an Affidavit of Service (UD-3) describing the defendant and the time and place of delivery; if the server is outside New York, the affidavit needs a certificate of conformity (CPLR § 2309(c)).

Served in New York: the defendant has 20 days to appear or answer. Served outside New York or by court-ordered alternative service: 30 days (CPLR § 320(a)).

A cooperative defendant signs the Affidavit of Defendant (UD-5) before a notary. The form acknowledges receipt of the summons, admits the plaintiff's residency and the grounds, states whether the defendant consents to the relief requested, waives the defendant's right to answer, and — critically — agrees that the case may be placed on the uncontested calendar immediately. A defendant who signs it still has to have been served (or acknowledge service in the affidavit), but the plaintiff no longer has to wait out the default period. If the defendant signs outside New York, attach a certificate of conformity.

A defendant who cannot be found. If diligent efforts to locate the defendant fail, the plaintiff applies to the court ex parte for an order permitting alternative service (CPLR § 308(5)) — by mail to a last known address, by delivery to a relative, by email or social media in a growing number of decisions — or service by publication (CPLR §§ 315–316), which requires publishing the summons in one or two newspapers the court designates for three consecutive weeks. The affidavit of diligent search must show real effort: the last known address, relatives contacted, employers, DMV, military status (the federal Servicemembers Civil Relief Act requires a non-military affidavit before any default), and online searches. Publication costs several hundred dollars in a New York City daily and far less in a weekly upstate; judges will usually let you publish in the cheaper paper if it is one the defendant might see.

If the defendant does nothing after personal service, the plaintiff waits out the default. The court system's uncontested instructions direct plaintiffs to wait 40 days from the date of service before filing the uncontested packet; the Affidavit of Regularity (UD-7) recites that the defendant's time has expired. Default must be pursued within one year of the default or the action is deemed abandoned (CPLR § 3215(c)) — a trap for plaintiffs who serve, then let the case sit.

Step 5: The Uncontested Path — Assembling the Packet

If the defendant defaults or signs the UD-5, and there are no unresolved issues, the plaintiff files the entire case at once: the RJI, the note of issue, and every paper the judge needs to sign the judgment without a hearing. There is no court appearance in a New York uncontested divorce unless the judge requests one. The packet, in the order the court's checklist lists it:

Form	Name	Notes
UD-1 / UD-1a	Summons with Notice / Summons	File-stamped copy showing the index number
UD-2	Verified Complaint	Required in every case, even if you began with a Summons with Notice; it pleads the grounds and relief
UD-3	Affidavit of Service	Of the summons; by the server
UD-4 / UD-4a	Sworn Statement / Affirmation of Removal of Barriers to Remarriage	Required if the marriage was performed by a clergy member (DRL § 253); the plaintiff swears to having removed any religious barrier to the defendant's remarriage (a get, for example). Civil ceremonies are exempt
UD-5	Affidavit of Defendant	If the defendant is cooperating
UD-6	Affidavit of Plaintiff	The core sworn document: residency, grounds, the § 170(7) recital, children, the settlement terms or default
UD-7	Affidavit of Regularity	Procedural recital that the defendant defaulted or appeared and consented, and that the case is ready
UD-8 / UD-8a / UD-8b	Child Support Worksheet / Support Collection Unit Information Sheet / Qualified Medical Child Support Order	Required with children; the worksheet applies the CSSA percentages
UD-9	Note of Issue	Puts the case on the uncontested matrimonial calendar; $30
UD-10	Findings of Fact and Conclusions of Law	The judge's findings, drafted by you for signature
UD-11	Judgment of Divorce	The decree, drafted by you for signature
UD-12	Part 130 Certification	Your certification under 22 NYCRR Part 130 that the papers are not frivolous
UD-13	Request for Judicial Intervention and Addendum	Assigns a judge; $95
UD-14	Notice of Entry	Served on the defendant after the judgment is signed and entered
—	Certificate of Dissolution of Marriage (DOH-2168)	Department of Health vital-records form; the clerk will not enter the judgment without it
—	Child Support Summary Form (UCS-111)	Required whenever the judgment contains a child support provision
—	Notice of Settlement	If the defendant appeared and did not sign the UD-5; gives them notice of the proposed judgment
—	Stipulation of Settlement or Separation Agreement	If you have one; see below
—	Affidavit of Service of the three notices	If not served with the summons
—	Self-addressed stamped postcard	The court mails it when the judgment is signed

The settlement agreement. Spouses who have resolved everything put the terms in a Stipulation of Settlement (signed during the action) or a Separation Agreement (signed before). Under DRL § 236(B)(3), the agreement must be in writing, signed, and acknowledged in the form required to record a deed — a notarization with the specific acknowledgment language, not just a notary stamp. An agreement that fails the acknowledgment requirement is unenforceable, and the Court of Appeals has refused to let later conduct cure the defect. The agreement is typically incorporated but not merged into the judgment, which means it survives as a contract and can be enforced in a plenary action as well as by contempt.

If the agreement deviates from the Child Support Standards Act, it must contain the recitals required by DRL § 240(1-b)(h): that the parties were advised of the CSSA, that the basic obligation under the guidelines would presumptively be correct, what that amount is, and the reasons for departing from it. An agreement missing these recitals is void as to child support, and the judge will reject the packet. The same section requires the agreement to state whether child support will be paid through the Support Collection Unit or directly; if through the SCU, an Income Deduction Order (CPLR § 5242) accompanies the judgment.

If the agreement waives or sets maintenance, the parties must acknowledge the guideline maintenance amount under DRL § 236(B)(6)(g) — the same opt-out recital logic as child support. The alimony and spousal support guide explains how the formula produces that figure.

Financial disclosure in an uncontested case. New York does not require a Statement of Net Worth from either spouse in an uncontested divorce without children or support. Where child support or maintenance is being awarded — even by agreement — the court will want the Statement of Net Worth or at minimum the income evidence to confirm the CSSA calculation, and many judges require both spouses' statements whenever an agreement contains a support term. The trade for skipping disclosure is the same one Florida's simplified dissolution forces: you waive the right to find out what you did not know. If there is any account, pension, or interest in a business either of you has not seen a statement for in the past year, exchange Statements of Net Worth before you sign, even if the court does not demand them.

Review. Once filed, the packet goes to a judge in the uncontested matrimonial part, who reviews it without the parties. If anything is missing or inconsistent — the three notices not served, the UD-6 recital of the six-month breakdown omitted, the CSSA recitals absent, the agreement acknowledged improperly, the children's residence in the UD-6 not matching the UD-8 — the judge issues a deficiency notice and the packet is returned for correction. Each cycle costs weeks to months. How long the initial review takes depends entirely on the county: a few weeks in many upstate counties, three to six months or more in Kings, Queens, Bronx, and Westchester. There is no statutory waiting period in New York; the wait is the queue.

Step 6: The Contested Path — RJI, Preliminary Conference, and the Statement of Net Worth

When the defendant serves a Verified Answer (with or without a counterclaim for divorce on their own grounds), the case moves onto the contested track, which is governed by 22 NYCRR § 202.16 — the Uniform Rules for matrimonial actions. Four deadlines drive it:

The RJI. Under § 202.16(d), the plaintiff must file a Request for Judicial Intervention within 45 days of service of the summons, unless both parties file a Notice of No Necessity, which pushes the deadline to 120 days. The Notice of No Necessity is the device parties use when they are negotiating and do not yet want a judge; it is common and the court does not question it. Filing the RJI assigns the case to a judge or, in larger counties, a Matrimonial Part.

The preliminary conference. Under § 202.16(f), the court must hold a preliminary conference within 45 days of the RJI. Both parties and their attorneys must attend; the judge or a court attorney referee meets with them, identifies the disputed issues, sets a discovery schedule, decides whether to appoint an Attorney for the Child (22 NYCRR Part 7) or order a forensic custody evaluation, and may refer the case to mediation under the court system's presumptive early ADR program, which since 2020 has sent appropriate matrimonial cases to a free or reduced-fee mediator before litigation proceeds. The resulting Preliminary Conference Order is the case's calendar. The divorce mediation vs. litigation guide covers how court-referred mediation differs from private.

The Statement of Net Worth. This is New York's sworn financial affidavit, prescribed by 22 NYCRR § 202.16(b) and required by DRL § 236(B)(4)(a). Each party must serve and file it no later than 10 days before the preliminary conference, together with:

• The most recently filed federal and state income tax returns, with all schedules and W-2s, 1099s, and K-1s;
• The three most recent pay stubs (or, for the self-employed, a current profit-and-loss statement);
• A copy of the retainer agreement with your attorney, if any (§ 202.16(c)); and
• Any appraisals or valuations already obtained.

The Statement of Net Worth runs some fifteen pages and asks for monthly expenses by category, gross income from every source, every asset with its title and the date and source of acquisition (so the court can see what is separate), every liability, every transfer of assets in the past three years, and what you are asking for in support and counsel fees. It is signed under oath and must be updated if the case runs long; a judge will not decide a maintenance motion on a stale one. The financial affidavit walkthrough explains how to complete the expense and asset sections without the errors that get cross-examined later, and the divorce asset inventory template is the working document that becomes the statement.

Under § 202.16(k), no motion for maintenance or child support will be heard unless the moving party has filed a Statement of Net Worth with the tax return and pay stubs attached. In practice the statement is what the entire financial case is built on; the discrepancies between the two spouses' statements are the discovery agenda.

Discovery. New York matrimonial discovery runs under the CPLR's civil rules — document demands, interrogatories (limited in matrimonial actions to financial issues), depositions, non-party subpoenas to banks and employers, and appraisals. Where a business, professional practice, or pension must be valued, the court will often appoint a neutral appraiser and allocate the fee between the parties, with the less-monied spouse's share often charged to the monied one under DRL § 237. The divorce discovery process guide covers tools and timing; the business valuation guide covers what the appraiser does.

Compliance conference, note of issue, and trial. A compliance conference confirms discovery is complete. The plaintiff then files the Note of Issue and Certificate of Readiness ($30), which places the case on the trial calendar; under § 202.16(h), each party must file a Statement of Proposed Disposition — a sworn statement of exactly what you are asking the court to do on every issue, with your valuation of every asset — with the note of issue or at least 10 days before trial. A pretrial conference follows, at which most remaining cases settle. Trials on equitable distribution, maintenance, support, and custody are to the judge alone; a jury is available only on the fault grounds themselves (DRL § 173), which is why nobody pleads them. The judge issues a written decision, and one side submits a proposed judgment on notice to the other.

Step 7: Temporary Relief While the Case Is Pending

Any application for interim relief is made by motion (on 8 days' notice) or Order to Show Cause (on whatever shortened notice the judge signs), with a Statement of Net Worth attached if it concerns money. The common ones:

Temporary (pendente lite) maintenance under DRL § 236(B)(5-a) is formula-driven: with the payor's income capped (the cap is indexed every March 1 — $228,000 from March 2025 — and printed on the current Notice of Guideline Maintenance), the court calculates the lower of 20 percent of the payor's income minus 25 percent of the payee's, or 40 percent of combined income minus the payee's income, with a lower percentage pair where the payor also pays child support. The court may deviate on stated findings. Income above the cap is discretionary. Temporary maintenance ends at the judgment and does not count against the post-divorce duration schedule unless the court says so.

Temporary child support under DRL § 240(1-b) applies the Child Support Standards Act percentages — 17 percent of combined parental income for one child, 25 for two, 29 for three, 31 for four, and at least 35 for five or more — to combined income up to the CSSA cap (indexed in even years; $183,000 from March 2024), with discretion above it. Add-ons for child care, unreimbursed medical, and in many cases educational expenses are allocated pro rata.

Interim counsel fees under DRL § 237 carry a rebuttable presumption that fees will be awarded to the less-monied spouse so that both sides can litigate on equal footing — one of the most consequential rules in New York matrimonial practice, and one that makes the Statement of Net Worth decisive early.

Exclusive occupancy of the marital residence (DRL § 234) is granted on a showing of domestic strife or that the other spouse has established a residence elsewhere; it is not automatic and is harder to get than clients expect.

Temporary custody and parenting time are decided on the papers or after a hearing, with an Attorney for the Child appointed in nearly every disputed case. New York has no statewide mandatory parenting course, though some judges order attendance at a Parent Education and Awareness Program. The temporary orders guide explains how interim orders tend to shape final ones.

Step 8: Judgment, Entry, and Notice of Entry

Whether the case is uncontested or ends in a stipulation or a decision after trial, the ending is the same set of papers: the judge signs the Findings of Fact and Conclusions of Law and the Judgment of Divorce, and the County Clerk enters the judgment. You are divorced on the date of entry, not the date the judge signs — a distinction that matters for remarriage, health insurance, and the tax year. There is no waiting period after entry and no restriction on remarriage.

The plaintiff (or whichever party is directed to) then serves a copy of the entered judgment with Notice of Entry (UD-14) on the other spouse. Service of the Notice of Entry starts the 30-day appeal clock (CPLR § 5513) and is the formal act that lets both parties rely on the judgment. Order certified copies from the County Clerk — you will need them for the Social Security Administration and DMV if you resumed a former name (the judgment itself contains the authorization under DRL § 240-a), for any retirement plan administrator, for a title company, and for a future marriage license.

After the judgment, the obligations are the same as in any state and are easy to let slip:

• Retirement accounts are divided by a Qualified Domestic Relations Order (for ERISA plans) or a Domestic Relations Order (for the New York State and Local Retirement System, TRS, and NYC pension funds, each of which has its own required form). New York's Majauskas formula governs pension division unless the agreement says otherwise. The QDRO is a separate order, signed after the judgment, and is often forgotten; the QDRO guide covers the sequence. Draft and submit it with the judgment if you can.
• Real property is transferred by deed (a bargain and sale deed between spouses is exempt from transfer tax under Tax Law § 1405(b)(6) when it carries out the judgment) with the TP-584 and RP-5217 forms, and any mortgage is refinanced by the deadline the agreement sets.
• Health insurance ends with the marriage; the DRL § 255 notice was the warning. The former spouse has COBRA rights for 36 months if the plan is covered, or may need an individual plan through NY State of Health.
• Child support through the SCU begins when the Income Deduction Order reaches the employer; payments before that must be made directly and documented.
• Beneficiary designations, wills, and powers of attorney are updated — New York's EPTL § 5-1.4 revokes a former spouse's bequests and fiduciary appointments automatically, but it does not reach every account.

The post-divorce checklist walks through the full list.

What It Costs and How Long It Takes

Path	Court fees	Typical total cost	Typical time to judgment
Uncontested, no children, no support (DIY packet, defendant signs UD-5)	$335 + certified copies	$400–$1,500 (process server, notary, optional document-review attorney)	1–3 months upstate; 3–6+ months in NYC and Westchester (court review queue)
Uncontested with an attorney-drafted agreement (children or support)	$335	$3,000–$8,000 per spouse	3–8 months including negotiation and review queue
Contested that settles after preliminary conference and discovery	$335 + motion fees	$15,000–$50,000 per spouse	9–18 months
Contested through trial	$335 + motion fees + neutral appraisals	$50,000–$100,000+ per spouse	18–36 months

Because New York has no waiting period, the difference between a one-month and a six-month uncontested divorce is almost entirely the county's review queue plus packet rejections. A clean packet filed in a quiet county can be signed in weeks; a packet with a defect filed in Brooklyn can take most of a year. The Help Center review before filing is the single highest-return hour in the process.

Why Uncontested Packets Come Back

The uncontested parts return a substantial share of self-prepared packets. The recurring reasons:

• The Notice of Automatic Orders, Notice of Guideline Maintenance, or Health Care Coverage notice was not served with the summons, and there is no affidavit of service for it;
• The Affidavit of Plaintiff (UD-6) omits the § 170(7) recital that the breakdown has existed for at least six months, or dates it inconsistently with the complaint;
• The residency paragraph of the UD-6 does not identify which § 230 route applies or states facts that do not satisfy it;
• The settlement agreement's acknowledgment is a bare notary stamp rather than the deed-form acknowledgment DRL § 236(B)(3) requires;
• The agreement deviates from CSSA without the § 240(1-b)(h) recitals, or the UD-8 worksheet does not match the agreement's figure;
• The Barriers to Remarriage statement (UD-4) is missing in a marriage performed by clergy, or filed in a civil marriage where it is unnecessary and confuses the record;
• Default pursued too soon (before 40 days) or too late (after a year, CPLR § 3215(c));
• The Certificate of Dissolution (DOH-2168) or Child Support Summary (UCS-111) is missing, so the clerk will not enter the judgment even after the judge signs it;
• The proposed Judgment (UD-11) grants relief the summons did not request — most often a name resumption or maintenance that was never pleaded;
• Out-of-state notarizations without a certificate of conformity;
• Social Security numbers or account numbers unredacted on the public face of the papers.

Frequently Asked Questions

Can my spouse stop the divorce by refusing to sign anything? No. Under § 170(7), your sworn statement that the marriage has been irretrievably broken for six months is sufficient, and the courts have held your spouse cannot demand a trial on it. What a non-cooperating spouse can do is force you through the contested track — an answer, a preliminary conference, discovery — because the court will not grant the divorce until the economic and custody issues are resolved. A spouse who ignores the summons entirely, by contrast, defaults, and you can finish on the uncontested papers after 40 days.

Do I need a separation agreement before I can file? No. That is the § 170(6) conversion route, which requires a year of living apart under a filed agreement. Under § 170(7) you file first and resolve the terms during the action, in a Stipulation of Settlement. Couples who already have a separation agreement a year or more old can use § 170(6) and simply ask the court to incorporate it, which spares them re-negotiating; the legal separation vs. divorce guide explains the difference.

Can we get divorced now and divide the property later? Not on no-fault grounds. Section 170(7) expressly bars a judgment until equitable distribution, maintenance, child support, counsel fees, and custody are resolved. New York courts do not bifurcate divorces the way California and some other states do.

We live in New York City. Why is our uncontested divorce taking six months? Because the uncontested matrimonial parts in Kings, Queens, Bronx, and New York counties review every packet by hand, in order, and have a queue. Nothing about your case is wrong; the wait is structural. Filing a complete packet the first time — after a Help Center review — is the only variable you control. An attorney cannot jump the line.

What if my spouse lives in another state or country? You can still file in New York if you meet a § 230 route yourself. The summons is served under CPLR § 313 by anyone authorized to serve process where your spouse is, your spouse has 30 days to respond, and the out-of-state affidavit of service needs a certificate of conformity. The court will have jurisdiction to grant the divorce; whether it can divide property or order support against a non-resident spouse depends on long-arm jurisdiction under CPLR § 302(b), which generally requires that New York was the marital domicile or that the spouse abandoned you here. For a spouse abroad, the Hague Service Convention applies to signatory countries, and the international divorce guide covers the overlay.

Is there a jury? Only on fault grounds, under DRL § 173, and only if someone demands one. Every financial and custody issue is tried to the judge. Because § 170(7) requires only the plaintiff's oath, a no-fault divorce never sees a jury.

We agree on everything and have no children. What is the fastest route? Have your spouse sign the Affidavit of Defendant (UD-5) before a notary so you do not have to wait out the 40-day default period, use the court's DIY program to generate the packet, have the Help Center review it, and file the summons and the full packet together with the RJI and note of issue. Upstate, judges sign these in a few weeks. In New York City, expect several months regardless.

How Divorce Navigator Helps

New York's process rewards one thing above all: a complete, internally consistent set of sworn financial papers. The Statement of Net Worth drives the temporary maintenance motion, the counsel-fee presumption, the discovery agenda, and the credibility of everything you say at trial. In an uncontested case, the settlement agreement's support figures must reconcile to the CSSA worksheet and the guideline maintenance notice to the dollar, or the packet comes back. And because the marital estate closes on the day you file, the inventory has to be right as of that date.

Divorce Navigator builds the asset and debt inventory that becomes your Statement of Net Worth, keeps the tax returns, pay stubs, statements, and deeds the court rules require in a secure data room so the 10-day pre-conference deadline is a download rather than a scramble, and models equitable distribution with after-tax values and maintenance scenarios that respect the New York formula and duration schedule — so you walk into the preliminary conference, or the mediation the judge refers you to, already knowing what each proposal is worth.

Start by organizing your finances and modeling your scenarios before you file, since the filing date is the date the marital estate is measured.

Related Resources

• Divorce in New York: Laws, Process, and What You Need to Know — equitable distribution factors, the maintenance formula, child support, and custody
• Filing for Divorce in California: Step-by-Step — a community property state with a six-month waiting period and bifurcation
• Filing for Divorce in Texas: Step-by-Step — a 60-day wait, county standing orders, and a prove-up hearing in every case
• Filing for Divorce in Florida: Step-by-Step — Supreme Court forms, a 45-day mandatory disclosure rule, and a 20-day wait
• Uncontested vs. Contested Divorce — which path fits your case and what each costs
• Legal Separation vs. Divorce — the § 170(6) conversion divorce and New York's judgment of separation
• Divorce Financial Affidavit Walkthrough — how to complete the Statement of Net Worth
• Divorce Asset Inventory Template — the inventory behind the statement
• The Divorce Discovery Process — depositions, subpoenas, and neutral appraisers
• Temporary Orders in Divorce — pendente lite maintenance, support, and counsel fees
• Marital vs. Separate Property — classification and the commencement-date cut-off
• Alimony and Spousal Support Guide — how formula states like New York set maintenance
• Divorce Mediation vs. Litigation — what court-referred mediation looks like
• Divorce with Children — custody standards and the Attorney for the Child
• Divorce and Domestic Violence — orders of protection and the IDV parts
• Business Valuation in Divorce — what the neutral appraiser does
• QDRO Guide — dividing pensions and retirement accounts after the judgment
• Military Divorce — residency for service members and the non-military affidavit
• International Divorce — serving and dividing property with a spouse abroad
• Post-Divorce Checklist — everything after the judgment is entered
• State-Specific Divorce Guides — rules in other states

Browse all of our divorce guides and checklists for more resources.

Take the Next Step

A New York divorce rewards the spouse who picks the right § 230 route, serves the three notices with the summons, meets the 10-day Statement of Net Worth deadline with complete attachments, and files an uncontested packet that reconciles to the guideline figures the first time. Divorce Navigator gives you the organized inventory and the modeled scenarios to do exactly that, so the judgment you ask the court to enter is one you understand.

Get started for free →