New York Uncontested Divorce Filing Guide (2025)
To file for an uncontested divorce in New York, you must meet the state's residency requirements and have a legally acceptable reason, or "ground," for ...
Key Takeaways
- Before you can file for divorce in New York, you must meet one of the following residency requirements:
- New York has both "no-fault" and "fault-based" grounds for divorce. The most common ground for an uncontested divorce is the no-fault ground of "irretrievable breakdown in the relationship."
- The process for filing an uncontested divorce in New York involves several steps, starting with filing a Summons with Notice or a Summons and Complaint.
- An uncontested divorce in New York can take anywhere from a few months to over a year, depending on the county and the court's caseload.
- The cost of an uncontested divorce in New York includes court filing fees and other potential expenses.
To file for an uncontested divorce in New York, you must meet the state's residency requirements and have a legally acceptable reason, or "ground," for the divorce. The process involves filing a series of documents with the court and can be completed without a lawyer if both spouses agree on all issues.
New York Uncontested Divorce Filing Guide (2025)
To file for an uncontested divorce in New York, you must meet the state's residency requirements and have a legally acceptable reason, or "ground," for the divorce. The process involves filing a series of documents with the court and can be completed without a lawyer if both spouses agree on all issues.
This guide provides a step-by-step overview of how to file for an uncontested divorce in New York, from starting the case to receiving the final judgment.
Table of Contents
- What are the residency requirements for divorce in New York?
- What are the grounds for divorce in New York?
- How do I file for an uncontested divorce in New York? Step-by-Step
- How long does an uncontested divorce take in New York?
- How much does an uncontested divorce cost in New York?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in New York?
Before you can file for divorce in New York, you must meet one of the following residency requirements:
- Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started.
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started, and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State.
- Both you and your spouse are residents of New York State on the day you start the divorce and the grounds for your divorce happened in New York State. [1]
What are the grounds for divorce in New York?
New York has both "no-fault" and "fault-based" grounds for divorce. The most common ground for an uncontested divorce is the no-fault ground of "irretrievable breakdown in the relationship."
- Irretrievable breakdown: The relationship between the husband and wife has broken down irretrievably for a period of at least six months. [2]
Other grounds for divorce in New York include:
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Adultery
- Living separate and apart pursuant to a separation judgment or decree
- Living separate and apart pursuant to a separation agreement
How do I file for an uncontested divorce in New York? Step-by-Step
The process for filing an uncontested divorce in New York involves several steps, starting with filing a Summons with Notice or a Summons and Complaint.
Step 1: Start the Case
The divorce case is started by filing a "Summons with Notice" or a "Summons and Complaint" with the County Clerk's Office. The person who starts the divorce is the Plaintiff, and the other spouse is the Defendant.
Step 2: Serve Your Spouse
The Defendant must be personally served with the divorce papers. This means that someone over the age of 18 who is not the Plaintiff must hand-deliver the papers to the Defendant.
Step 3: Defendant's Response
In an uncontested divorce, the Defendant will sign and return an "Affidavit of Defendant," agreeing to the divorce and all the terms.
Step 4: Place the Case on the Court Calendar
Once the Defendant has responded, the Plaintiff can file the remaining papers to place the case on the court's calendar for a judge's review.
Step 5: Judge's Review and Judgment
A judge will review all the papers and, if everything is in order, will sign the "Judgment of Divorce." This document officially ends the marriage.
Civilly Tip: The New York State Unified Court System provides a free DIY (Do-It-Yourself) Uncontested Divorce Program to help you prepare your divorce papers.
How long does an uncontested divorce take in New York?
An uncontested divorce in New York can take anywhere from a few months to over a year, depending on the county and the court's caseload.
| Stage | Typical Timeline |
|---|---|
| Filing and Service | 1-2 months |
| Court Processing | 2-6+ months |
| Total | 3-8+ months |
How much does an uncontested divorce cost in New York?
The cost of an uncontested divorce in New York includes court filing fees and other potential expenses.
| Cost Category | Typical Range |
|---|---|
| Index Number Fee | $210 |
| Request for Judicial Intervention (RJI) and Note of Issue | $125 |
| Service of Process | $50 - $150 |
| Total | $385 - $485+ |
If you cannot afford the court fees, you can apply for a fee waiver.
Frequently Asked Questions
Do I need a lawyer for an uncontested divorce in New York?
You are not required to have a lawyer for an uncontested divorce. However, it is always a good idea to consult with an attorney to make sure your rights are protected.
What is a Settlement Agreement?
A Settlement Agreement, also known as a Stipulation of Settlement, is a written contract between you and your spouse that resolves all the issues in your divorce, including property division, child custody, and spousal support.
How is property divided in a New York divorce?
New York is an equitable distribution state. For more details, see our New York Property Division Guide.
How is child custody determined in New York?
Custody decisions are based on the best interest of the child. For more information, see our New York Child Custody Guide.
Can I get spousal support in New York?
Spousal support, called maintenance in New York, may be awarded to either spouse. To learn more, read our New York Alimony Guide.
Legal References
Related Articles
- New York Property Division Guide
- New York Child Custody Guide
- New York Alimony Guide
- The Civilly Financial Checklist for Divorce
[1] NY CourtHelp. (n.d.). Residency and Grounds for a Divorce. Retrieved December 21, 2025, from https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml
[2] New York State Senate. (n.d.). Domestic Relations Law § 170. Retrieved December 21, 2025, from https://www.nysenate.gov/legislation/laws/DOM/170