Important: This information is for educational purposes only and does not constitute legal advice. Court fees and requirements change frequently. Always verify with your local court before filing.
Divorce in New York
Open-data reference.
Filing a divorce in New York costs $335–$400 - among the most expensive of the 10 states we track. The typical timeline is Uncontested: 3-6 months. Contested: 1-3 years., and no mandatory waiting period applies.
No-fault (irretrievable breakdown for 6+ months) or fault grounds
What This Means for Your Divorce Filing in New York
Filing for divorce in New York costs $335–$400 at the courthouse, the first financial barrier most self-represented filers face. Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400. Beyond the filing fee, no mandatory waiting period applies, and the typical case timeline is Uncontested: 3-6 months. Contested: 1-3 years.. County-level surcharges and service-of-process fees can add to that total; see our court fee waiver guide for who qualifies to file without paying.
Procedurally, New York lays out 6 distinct steps, and the clerk typically requires 5 core document categories to open your case. Residency rules matter: 2 years continuous residency, or 1 year if married in NY or grounds occurred in NY. Grounds or legal theory must be stated clearly in the initial petition - No-fault (irretrievable breakdown for 6+ months) or fault grounds (see our pro se filing guide for common filing mistakes to avoid).
Filing Fee Details
Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.
How New York compares to other states
New York ranks #3 of 10 states for divorce filing cost. Each bar is a state's upper-bound divorce filing fee, from $225 (NC) to $435 (CA); New York is highlighted at $400.
Source: state court filing-fee schedules (upper-bound fee per state). Verify current amounts with the relevant court. How we calculate this ranking →
Key Requirements
- File Summons with Notice or Summons and Complaint
- Serve spouse within 120 days
- Financial disclosure (Net Worth Statement)
- Settlement agreement (if uncontested)
- Judgment of Divorce signed by judge
Step-by-Step Process
- 1
File Summons with Notice in Supreme Court
- 2
Serve spouse within 120 days
- 3
Exchange financial affidavits
- 4
Negotiate settlement
- 5
Submit proposed Judgment of Divorce
- 6
Judge signs Judgment of Divorce
Important Notes
New York is an equitable distribution state. No-fault divorce requires irretrievable breakdown for at least 6 months.
Grounds / Eligibility
No-fault (irretrievable breakdown for 6+ months) or fault grounds
Quick Reference
- Filing Fee
- $335–$400
- Residency
- 2 years continuous residency, or 1 year if married in NY or grounds occurred in NY
- Waiting Period
- None required
- Typical Timeline
- Uncontested: 3-6 months. Contested: 1-3 years.
Official Resources
Other Civil Processes in New York
Frequently Asked Questions
How much does it cost to file for divorce in New York?
The filing fee for divorce in New York is $335–$400. Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.
How long does divorce take in New York?
Uncontested: 3-6 months. Contested: 1-3 years.
Do I need a lawyer for divorce in New York?
You are not legally required to hire an attorney for divorce in New York, but legal representation is recommended for complex cases. Free or low-cost legal aid may be available, see lawhelp.org for New York resources.
Is there a waiting period for divorce in New York?
There is no mandatory waiting period for divorce in New York.
What are the residency requirements for divorce in New York?
2 years continuous residency, or 1 year if married in NY or grounds occurred in NY
What documents are needed for divorce in New York?
Key requirements include: File Summons with Notice or Summons and Complaint; Serve spouse within 120 days; Financial disclosure (Net Worth Statement).
Where does this data come from?
This information is sourced from New York court websites, legal aid organizations, and public court fee schedules, last verified 2026-03. See our methodology for full sourcing details.
Read our methodology - how this data is sourced, computed, and verified.
| Publisher | PlainCivil |
| Sources | Public state court datasets and federal civil-justice records |