New York Divorce Packet — LSC-Grade Self-Help Guide

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed New York attorney or your local legal aid organization.

1. Eligibility Checker — Who Can File for Divorce in New York

You can file for divorce in New York if you meet BOTH requirements:

Residency Requirement (must meet at least ONE)

Under NY Domestic Relations Law § 230, you can file in New York if:

Grounds for Divorce

Under NY Domestic Relations Law § 170, New York allows:

Most people use "Irretrievable Breakdown" (no-fault) — it's the simplest path.

2. All Required Forms

Get forms free at: nycourts.gov/forms/matrimonial.shtml

For Uncontested Divorce (Both Spouses Agree)

For Contested Divorce (Spouses Disagree)

3. Step-by-Step Filing Instructions

Uncontested Divorce (Recommended Path)

Step 1: Confirm Eligibility

• [ ] Meet residency requirement (see Section 1)
• [ ] Marriage has been broken for at least 6 months
• [ ] Both spouses agree on ALL issues (property, debt, custody, support)

Step 2: Gather Documents

• [ ] Marriage certificate (certified copy)
• [ ] Birth certificates of children (if applicable)
• [ ] Proof of residency (lease, utility bill, ID)
• [ ] Financial documents (pay stubs, tax returns, bank statements)

Step 3: Complete Forms

• Download forms from nycourts.gov
• Fill out all forms completely — do not leave blanks
• Use black ink or type
• Sign where indicated (some require notarization)

Step 4: File with the County Clerk

• Bring original forms + 2 copies to the County Clerk's office
• Pay the filing fee (or apply for fee waiver — see Section 4)
• Get your Index Number — this is your case number

Step 5: Serve Your Spouse

• If spouse did NOT sign the Affidavit of Defendant, you must serve them
• Have someone 18+ (not you) deliver the papers
• File Proof of Service with the court

Step 6: Wait 60 Days

• The court cannot grant divorce until 60 days after service

Step 7: Submit Remaining Papers

• File the Note of Issue and remaining documents
• The court will review and sign your Judgment of Divorce

Step 8: Receive Your Judgment

• Processing takes 2-6 months in most counties
• You'll receive the signed Judgment of Divorce by mail

4. Court Information — Where to File

File in the Supreme Court of the county where either spouse lives.

Major County Courts

Filing Fees

Fee Waiver (Poor Person Relief)

Under CPLR Article 11, you can apply to waive court fees if you cannot afford them.

How to apply:

1. Complete the Fee Waiver Application (available at court or online)
2. Submit with your divorce papers
3. The court will review your income and decide

You likely qualify if:

• You receive public assistance (SNAP, Medicaid, cash assistance)
• Your income is below 200% of the Federal Poverty Level
• You have significant debts or expenses

5. Filing Checklist

Before Going to Court, Bring:

• [ ] Completed Summons with Notice (UD-1) — original + 2 copies
• [ ] Verified Statement of Grounds (UD-4) — if using no-fault
• [ ] Affidavit of Plaintiff (UD-5) — signed and notarized
• [ ] Affidavit of Defendant (UD-6) — if spouse agrees, signed and notarized
• [ ] Stipulation of Settlement (UD-7) — if you have an agreement
• [ ] Child Support Worksheet (UD-8(1)) — if children under 21
• [ ] Certified copy of marriage certificate
• [ ] Birth certificates of minor children
• [ ] Government-issued photo ID
• [ ] Payment ($210 filing fee) — cash, money order, or certified check
• [ ] Fee Waiver Application (if applicable)

6. What to Bring to the Hearing

Most uncontested divorices do NOT require a hearing. If a hearing is scheduled:

• [ ] All original documents filed with the court
• [ ] Government-issued photo ID
• [ ] Copy of any settlement agreement
• [ ] Proof of income (if support is discussed)
• [ ] List of any questions for the judge
• [ ] Pen and paper for notes

Dress appropriately — business casual is fine.

Arrive 15-30 minutes early.

Turn off your phone before entering the courtroom.

7. What Happens After Filing

Timeline

Possible Outcomes

Contingencies

If your spouse contests:

• The case becomes contested
• You may need to hire an attorney
• Mediation may be required
• The process will take longer (6 months to 2+ years)

If you cannot locate your spouse:

• Request permission for service by publication
• File an Affidavit of Diligent Efforts
• Publish notice in a newspaper

If you reconcile:

• File a Request for Discontinuance
• The case will be closed without divorce

8. Local Legal Aid Resources (LSC-Funded)

Free or low-cost legal help is available. Contact these organizations:

New York City

Upstate New York

Statewide Resources

9. Controlling Statute Citations

10. Disclaimer

This packet is for informational purposes only and does not constitute legal advice.

Every situation is different. Laws change. Court procedures vary by county.

For legal advice specific to your situation, contact:

• A licensed New York attorney
• Your local legal aid organization (see Section 8)
• The NY Court Help Line: (800) 268-7869

Jurist-Diction provides legal document templates for informational purposes only. We are not a law firm. We do not provide legal advice or representation. Use of this packet does not create an attorney-client relationship.

Last Updated: March 2026

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LSC-Grade Self-Help Resource