New York Uncontested Divorce — Your Complete Filing Guide

What This Packet Does

This packet helps you file for an uncontested divorce in New York when both spouses agree to end the marriage. New York allows no-fault divorce on the grounds of "irretrievable breakdown" — you don't need to prove anyone did anything wrong. If you and your spouse agree on how to divide property and debts, you can complete your divorce without a lawyer.

Is This Packet Right for You?

Use this packet if:

• Both you AND your spouse want the divorce and agree on all terms
• You or your spouse have lived in New York for at least 1 year
• You agree on how to divide all property and debts
• Neither spouse is contesting the divorce (no arguments about terms)

• There are no minor children, OR both parents agree on custody and support (if you have children, use a different packet)

Do NOT use this packet if:

• Your spouse refuses to sign the agreement
• You cannot agree on property, debts, or custody
• There is domestic violence or you fear for your safety
• Complex assets or businesses are involved

If any of these apply, contact a lawyer or legal aid organization listed at the end of this guide.

New York Divorce Laws You Need to Know

No-Fault Ground (N.Y. Dom. Rel. Law § 170(7))

> "The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath."

What this means: You don't need to prove fault. You simply state under oath that:

• You've lived apart for at least 6 months, OR
• The marriage cannot be saved

Residency Requirement (N.Y. Dom. Rel. Law § 230)

> An action for divorce may be maintained only when:

• The parties were married in New York, OR
• The parties have resided in New York as husband and wife, OR
• The cause occurred in New York

What this means: You OR your spouse must have lived in New York for at least 1 year before filing.

Property Division (N.Y. Dom. Rel. Law § 236)

> "The Court may direct either spouse to provide suitably for the support of the other as justice requires."

What this means: New York divides property "equitably" — fairly, not necessarily 50/50. The court considers:

• Length of marriage
• Income and earning capacity of each spouse
• Age and health of both parties
• Contributions to the marriage (including as homemaker)

Six-Month Requirement

Before granting a no-fault divorce, the judge must confirm:

• The 6-month period of irretrievable breakdown has passed
• All economic issues have been resolved (property, support, custody)

Before You File — Documents to Gather

Gather these items before starting:

Personal Information:

• [ ] Your full legal name, address, phone, email
• [ ] Your spouse's full legal name, address, phone, email
• [ ] Date and location of your marriage
• [ ] Your New York driver's license or state ID (proof of residency)

Financial Documents:

• [ ] Bank statements (all accounts, last 3 months)
• [ ] Pay stubs (last 3 months) for both spouses
• [ ] Tax returns (last 2 years)
• [ ] Retirement account statements (401k, IRA, pension)
• [ ] Investment account statements
• [ ] Credit card statements (all cards)
• [ ] Loan documents (mortgage, car loans, student loans)
• [ ] Property deeds and vehicle titles

For the Court:

• [ ] $210 for filing fee (cash, money order, or credit card)
• [ ] $95 for RJI (Request for Judicial Intervention) fee
• [ ] Access to a notary public (banks, UPS stores, libraries)
• [ ] Original marriage certificate (or certified copy)

Step-by-Step Filing Instructions

Step 1: Complete the Summons with Notice / Verified Complaint

1. Open the ny-uncontested-divorce-court-doc.md file.
2. Fill in every bracketed field [LIKE THIS] with your information.
3. Delete sections that do not apply.
4. Do not sign yet. You will sign in front of a notary.

Step 2: Complete the Stipulation of Settlement Agreement

1. Open the ny-stipulation-settlement.md file.
2. Work through this WITH your spouse. Both of you must agree on everything.
3. List all property, debts, and other terms completely.
4. This becomes a court order — be thorough.
5. Do not sign yet. Signatures must be notarized.

Step 3: Have the Agreement Notarized

1. Go to a notary public (banks, UPS stores, libraries often have one).
2. Bring valid photo ID for both parties.
3. Both spouses must sign IN FRONT OF THE NOTARY.
4. The notary will complete the acknowledgment sections.

Step 4: Complete the RJI Form

1. Obtain a Request for Judicial Intervention (RJI) form from the court clerk.
2. Complete the RJI form.
3. This form asks the court to schedule your divorce.
4. The RJI filing fee is approximately $95.

Step 5: Make Copies

Make 3 copies of each document:

• 1 original for the court
• 1 copy for your spouse
• 1 copy for yourself

Step 6: File with the County Clerk

1. Go to the Supreme Court in your county (see locations below).
2. Bring all original documents plus copies.
3. Tell the clerk you are filing for an uncontested divorce.
4. Pay the filing fee ($210 + $95 RJI = approximately $305).
5. Fee Waiver: If you cannot afford the fee, ask for a "Poor Person Application." Complete it and submit with your documents.

The clerk will:

• Assign an index number
• Stamp your copies
• Give you a return date for the uncontested calendar

Write down your index number and return date immediately.

Step 7: Serve Your Spouse

If your spouse signed the Agreement before filing: Attach the signed Agreement to your filed papers. Your spouse may need to file an Affidavit of Regularity.

If your spouse has NOT signed: Arrange for formal service:

• Personal service (someone over 18, not a party to the case)
• Service by mail with acknowledgment (certified mail)

Step 8: File the Note of Issue

1. After your spouse has been served (or filed Affidavit), file a Note of Issue.
2. The Note of Issue tells the court you're ready for the divorce to be placed on the uncontested calendar.
3. Attach your spouse's Affidavit of Regularity (if applicable).

Step 9: The Uncontested Hearing

1. Bring:

• Your stamped copy of the filed documents
• The signed and notarized Stipulation Agreement
• Photo ID
• Affidavit of Plaintiff (signed and notarized)

1. What Happens:

• The court clerk will call your case
• You will be sworn in
• The judge will ask if the marriage is irretrievably broken
• The judge will review your Agreement
• The judge will sign the Judgment of Divorce

1. What to Say:

• "Your Honor, I am [NAME], the Plaintiff."
• "I have lived in New York for more than one year."
• "The marriage is irretrievably broken and has been for at least six months."
• "My spouse and I have signed a Stipulation Agreement resolving all issues."
• "I ask that the Court grant the divorce and approve our agreement."

Step 10: Get Certified Copies

After the hearing:

1. Ask the clerk for 2-3 certified copies of the Judgment of Divorce.
2. There may be a small fee ($5-10 per copy).
3. Use certified copies to:

• Change your name (if applicable)
• Update bank accounts
• Transfer vehicle titles
• Update insurance policies

Timeline Overview

Total time: Approximately 2-3 months

New York Supreme Court Locations

Hours: Monday-Friday, 9:00 AM - 5:00 PM (varies by county — call ahead)

Legal Aid Resources — Free and Low-Cost Help

New York Legal Aid Organizations

Legal Aid Society

• Phone: (212) 577-3300 (NYC)
• Services: Free legal services for low-income New Yorkers
• Website: www.legal-aid.org

Legal Services NYC

• Phone: (212) 431-7200
• Services: Civil legal services for low-income NYC residents

Bronx Legal Services

• Phone: (718) 579-0600
• Services: Family law, housing, benefits

Brooklyn Legal Services

• Phone: (718) 237-5600
• Services: Family law, housing, public benefits

Queens Legal Services

• Phone: (718) 286-2600
• Services: Family law, immigration, housing

Nassau/Suffolk Law Services

• Phone: (631) 369-1112
• Services: Long Island residents

Western New York Law Center

• Phone: (716) 847-0650
• Services: Buffalo and Western NY

National Resources

LawHelp.org

• Website: www.lawhelp.org
• Find legal aid by state and issue

Legal Services Corporation (LSC)

• Find legal aid: www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Domestic Violence Resources

NYC Domestic Violence Hotline

• Phone: (800) 621-4673
• 24/7 confidential support

NYS Domestic Violence Hotline

• Phone: (800) 942-6906
• 24/7 confidential support

National Domestic Violence Hotline

• Phone: (800) 799-7233
• Website: www.thehotline.org

Common Questions

Q: Can I get divorced if my spouse won't sign anything?

A: No, not with this packet. This requires both spouses to agree. If they refuse, you need a contested divorce. Consult a lawyer or legal aid.

Q:How long do we have to be separated?

A: New York requires the marriage to have been "irretrievably broken" for at least 6 months. There's no mandatory separation period before filing.

Q:Do we have to go to court together?

A: In most cases, only the Plaintiff needs to appear at the uncontested hearing. The Defendant can submit an Affidavit instead.

Q:Can I change my name back to my maiden name?

A: Yes. Request this in the complaint and Agreement. The judge will include it in the Judgment of Divorce at no extra cost.

Q:What if I can't find my spouse?

A: You cannot use this packet. You'll need to serve by publication (newspaper notice). Consult a lawyer or legal aid.

Q:What is the difference between Supreme Court and Family Court?

A: In New York, divorces are filed in Supreme Court, not Family Court. Family Court handles custody, support, and family offense cases.

Checklist Before Filing

• [ ] Residency requirement met (1 year in New York)
• [ ] 6-month period of irretrievable breakdown has passed
• [ ] Summons with Notice / Verified Complaint completed (all fields filled)
• [ ] Stipulation of Settlement completed (all property and debts listed)
• [ ] Both spouses signed Agreement in front of notary
• [ ] RJI form completed
• [ ] All documents printed (original + 2 copies each)
• [ ] Filing fees ready ($210 + $95 RJI ≈ $305) or Poor Person Application completed
• [ ] Proof of residency (driver's license or utility bill)
• [ ] Know your county's Supreme Court location and hours

Disclaimer

This guide and all documents are for informational purposes only and do not constitute legal advice. Divorce laws are complex and subject to change. Property division, spousal support, and child custody have specific rules that may affect your rights.

Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists by your use of these materials.

If you have questions about your specific situation, legal advice, contact a licensed New York attorney or the legal aid organizations listed above.

Templates are for informational purposes only and do not constitute legal advice.