How to File for Divorce in New York: Step-by-Step

Last updated: June 2024. Reviewed by the Law Offices of Albert Goodwin, New York, NY.

This guide walks you through the actual procedure for filing a divorce in New York — the residency test, the grounds you must state, buying an Index Number, the forms you file, serving your spouse, and obtaining the Judgment of Divorce. Divorce in New York is filed in the Supreme Court of the county where you or your spouse lives (not "divorce court" or Family Court). If you and your spouse agree on everything, review our uncontested divorce page; if you do not, see our contested divorce page.

Step 1: Confirm You Meet New York's Residency Requirement (DRL § 230)

Before a New York court can hear your case, you must satisfy one of the residency options in DRL § 230. You qualify if any one of the following is true:

Either spouse has lived continuously in New York for at least two years immediately before filing; or
Either spouse has lived continuously in New York for at least one year before filing and you were married in New York, or you lived in New York as a married couple, or the grounds for divorce arose in New York; or
Both spouses are New York residents on the day the action is filed and the grounds for divorce arose in New York (no minimum duration in this case).

If you do not meet any of these, the court lacks jurisdiction and the case will be dismissed. Complex fact patterns — such as recent moves, out-of-state marriages, or spouses in different states — can raise jurisdiction disputes.

Step 2: Choose Your Grounds for Divorce (DRL § 170)

DRL § 170 lists seven grounds. You must state one in your papers:

Irretrievable breakdown of the relationship for at least six months (DRL § 170(7)) — the no-fault ground, added in 2010, used in most modern divorces;
Cruel and inhuman treatment;
Abandonment for one or more years;
Imprisonment for three or more consecutive years after the marriage;
Adultery;
Living apart pursuant to a written separation agreement for one or more years (DRL § 170(6));
Living apart pursuant to a judgment of separation for one or more years (DRL § 170(5)).

Most people file on the no-fault ground under § 170(7). Note that even on the no-fault ground, the court will not sign the final Judgment of Divorce until all economic issues and custody/child support are resolved — either by agreement or by the court. Fault grounds require proof at trial and rarely change the financial outcome, so they are used far less often. If you're weighing this, our irreconcilable differences and legal separation pages provide more detail.

Step 3: Buy an Index Number from the County Clerk

Every New York divorce is assigned an Index Number, which you purchase from the County Clerk in the Supreme Court county where you are filing. The current fee to purchase an Index Number is $210. This is a court fee set by statute (CPLR § 8018) and is separate from any attorney's fees. Keep the receipt — the Index Number goes on every document you file afterward. If you cannot afford the fees, you may apply for a fee waiver (Poor Person's Relief) using form UD-14 and an accompanying affidavit.

Step 4: Prepare and File Your Initial Papers

You start the case by filing one of two things:

Summons with Notice (Form UD-1): a summons that states the ground for divorce and the relief sought, without a full complaint; or
Summons (Form UD-1a) and Verified Complaint (Form UD-2): a summons plus a detailed complaint setting out the facts and requested relief.

New York provides a complete uncontested divorce forms packet on the state court website, including the Summons, Verified Complaint, Affidavit of Defendant (UD-7), Findings of Fact/Conclusions of Law (UD-10), and the proposed Judgment of Divorce (UD-11). You can download the current forms and instructions directly from NYCourts.gov.

In most New York counties, divorce filings are handled through NYSCEF (the New York State Courts Electronic Filing system) at iapps.courts.state.ny.us. Some filers may opt out and file paper documents in person at the County Clerk's office. Contested matrimonial actions are generally mandatory e-filing in the counties that have adopted it.

Step 5: Serve the Defendant Within 120 Days (CPLR § 306-b)

After filing, you must have your spouse (the defendant) personally served within 120 days. Key rules:

Service must be done by someone 18 or older who is not a party to the case — you cannot serve your own spouse.
If you filed a Summons with Notice, and the defendant does not respond within the required time, you may proceed toward a default.
If your spouse cannot be located after diligent effort, you may ask the court for permission to serve by an alternative method or by publication.
Where both spouses cooperate, the defendant can sign an Affidavit of Defendant (Form UD-7) accepting service and consenting, which streamlines an uncontested case.

Step 6: File Proof of Service

The person who served the papers completes an Affidavit of Service, which you then file with the court. This document proves the court has personal jurisdiction over your spouse and starts the clock on the defendant's time to respond (20 days if served in New York, 30 days if served outside the state).

Step 7: Complete the Case — Uncontested Packet or RJI

If uncontested: Once the defendant defaults or consents, you assemble and file the full uncontested divorce packet (findings of fact, proposed judgment, and — if there are children — child support worksheet, and DOH/vital records forms) and submit it to the judge for signature. No court appearance is usually required.

If contested: You (or your spouse) file a Request for Judicial Intervention (RJI) to assign a judge and schedule a preliminary conference. The case then moves through discovery, negotiation, and — if necessary — trial. See our contested divorce page for that process.

Step 8: Judgment of Divorce

The case ends when a Supreme Court Justice signs the Judgment of Divorce. The judgment incorporates your settlement (or the court's decisions) on property, support, and custody. You are not legally divorced until the judgment is signed and entered by the County Clerk. Keep certified copies for changing your name, dividing retirement accounts, and updating records.

What It Costs and How Long It Takes

Beyond the $210 Index Number, you should budget for the Request for Judicial Intervention ($95) and the Note of Issue ($30) where those apply, plus service and certified-copy fees. Total court filing fees for an uncontested divorce typically run around $335. Timelines vary widely by county and complexity; a cooperative uncontested case can conclude in roughly three to nine months, while contested cases often take a year or more. See how long a divorce takes in New York and how much a divorce costs in NY for detail.

Related Issues (Briefly)

The filing steps above are separate from the substantive issues you'll resolve during the case. For depth on those topics, see our dedicated pages:

Dividing property: New York follows equitable distribution — a fair, not necessarily equal, division. See New York equitable distribution laws and separate vs. marital property.
Spousal maintenance (alimony): calculated under statutory formulas. See New York spousal maintenance calculations.
Child support: governed by the Child Support Standards Act (Family Court Act § 413). Misconduct such as adultery is not a factor (DRL § 236(B)(7)).
Custody: decided on the child's best interests. See who gets custody.
Hidden or dissipated assets: see hidden assets in divorce proceedings.
Enforcing a signed judgment: see enforcing a divorce decree in New York.

Frequently Asked Questions

Do both spouses have to agree to get divorced in New York?

No. New York's no-fault ground (DRL § 170(7)) lets one spouse obtain a divorce even if the other objects to ending the marriage, provided all economic and custody issues are resolved or decided by the court.

How much does it cost to file for divorce in New York?

The Index Number is $210. With the RJI ($95) and Note of Issue ($30), court filing fees for a typical case total roughly $335, plus service and certified-copy costs. Attorney's fees are separate. A fee waiver may be available if you cannot afford these costs.

Where do I file?

In the Supreme Court of the county where you or your spouse resides — for example, New York County (Manhattan), Kings County (Brooklyn), or Queens County. You purchase the Index Number from that county's Clerk.

How long is the residency requirement?

Two years, reduced to one year (or none at all) if you meet the connections to New York listed under DRL § 230 — see Step 1.

Can I file online?

In most counties, yes, through NYSCEF. Self-represented (pro se) filers may be permitted to opt out and file on paper at the County Clerk.

Speak With a New York Divorce Attorney

If you need help filing for divorce in New York, the Law Offices of Albert Goodwin can prepare and file your papers, arrange proper service, and guide you to a Judgment of Divorce. We have offices in New York City, Brooklyn, and Queens. Call us at 212-233-1233 or email [email protected].

Disclaimer: This page provides general information about New York divorce procedure and is not legal advice. Court fees, forms, and e-filing rules change and vary by county; confirm current requirements at NYCourts.gov or with a licensed New York attorney before filing.