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

The divorce filing fee in New York is $335–$400. Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.. Fee waivers are available for individuals who cannot afford the filing fee. Additional costs may include service of process fees, mediation requirements, and parenting class fees for cases involving minor children.

What civil processes can I file in New York?

New York courts handle a wide range of civil processes including divorce, small claims, eviction, name change, guardianship, protective orders, probate, child custody, civil lawsuits, tenant rights, and more. Each process has its own filing fees, required forms, waiting periods, and procedural steps.

Can I get a fee waiver for court filings in New York?

Yes. New York, like all states, offers fee waiver programs for individuals who cannot afford court filing fees. Eligibility is typically based on household income (below 125-200% of the federal poverty level) or enrollment in public assistance programs. Applications are available from the court clerk or on the state court website.

2026 state court fee data · New York

New York Legal Processes

Filing fees, waiting periods, and procedural requirements for 12 common civil processes routed through New York Courts. Plain-language reference, refreshed against state court fee schedules.

See all processes → Methodology

Fee rank is not wait rank

According to PlainCivil's compiled state court fee schedules, New York ranks #3 of 10 surveyed states by average maximum filing fee (highest avg max = #1). Probate lists the highest in-state filing-fee ceiling at $1,250 among 12 civil filings in New York; that is not the longest wait: Guardianship records 45 days on a $450 ceiling.

12
processes tracked: $1,250
highest fee · Probate: 45 days
longest wait · Guardianship: 2
free-to-file

Fee rank and wait-time rank are tracked separately: this page sorts by average maximum filing fee, not by waiting period. See how we rank states.

New York vs tracked states by average maximum filing fee

Where this state's average max filing fee sits among the 10 states on PlainCivil's civil-process schedule

$357 3rd of 10 higher than 7 of 10 states

Tracked states, banded by average maximum civil filing fee

Each bar is a $0.001K-wide band; taller bars hold more states. The dashed line + filled bar mark this entry. Hover or tap any bar for its full count and share, and where it sits relative to this entry.

Source PlainCivil compiled state court fee schedules · 2026

New York civil-process accessibility score

One verdict number from PlainCivil's own compiled filing-fee and waiting-period schedule across the 12 process types tracked for New York, benchmarked against every other state PlainCivil covers.

C+ 63/100

Average filing fee F $238 Averaged across 12 documented process types
Average waiting period A+ 8.1 days Mandatory waiting period, averaged across 12 process types
Longest single wait A 45 days The slowest mandatory waiting period among this state’s documented processes

Lower fees and shorter waits score higher. A dimension with no documented data for this state drops out and its weight redistributes across the rest - it never silently lowers the score. Full method: civil-process accessibility score.

Start with the filing fee

This page covers 12 civil process types tracked for New York, all routed through the New York Courts. Across those processes, the average maximum filing fee is $357, and 2 can be filed at no cost. The highest listed fee is for probate, which can reach $1,250 in complex cases.

Then allow for timing and local charges

Guardianship has the longest mandatory waiting period on this page at 45 days, so the court cannot issue a final order before that window expires. Actual resolution commonly takes longer because of court backlogs, response deadlines, and service requirements. County courthouses may also add charges for service of process, motions, certified copies, or a jury demand.

How New York compares

Peer states tracked on the same civil-process schedule

New York tracks 12 civil-process types with an average maximum filing fee of $357. Use the peer comparison to gauge whether New York courts run pricier or cheaper than neighboring jurisdictions, and whether procedural complexity (number of process types tracked) is broadly typical.

Selected

New York

$357 avg. max filing fee

Processes tracked: 12

Illinois

$321 avg. max filing fee

Processes tracked: 12

Florida

$418 avg. max filing fee

Processes tracked: 12

All Legal Processes in New York

12 types 2 free

Fee profile

Maximum filing fees across New York processes

Probate

Highlighted bar is the highest recorded maximum on this state schedule (Probate, $1,250). Average maximum across tracked processes: $357.

Process	Filing Fee	Timeline	Waiting Period	Details
Civil Lawsuit Supreme Court. Index number $210 + RJI $95.	$210–$500	18-48 months	None	Civil Lawsuit schedule details
Court Mediation Community mediation centers free. Court-annexed mediation varies.	$0–$400	1-3 sessions	None	Court Mediation schedule details
Divorce Index number $210 + Request for Judicial Intervention $95 + other fees. Total ~$335-400.	$335–$400	Uncontested: 3-6 months. Contested: 1-3 years.	None	Divorce schedule details
Domestic Violence Protection Free. Family Court or Criminal Court.	Free	Temporary order same-day; full hearing within 3-5 days	None	Domestic Violence Protection schedule details
Eviction Housing Court filing ~$45-$500 depending on borough.	$45–$500	NYC: 3-12 months due to backlog. Upstate: 1-3 months.	14 days	Eviction schedule details
Guardianship Surrogate Court fees $300-$450. Attorney fees typical in contested cases.	$300–$450	2-4 months	45 days	Guardianship schedule details
Name Change NYC Supreme Court ~$210. Upstate varies. Publication required in two newspapers.	$65–$210	3-6 months	30 days	Name Change schedule details
Probate Surrogate Court. Fee based on estate value.	$215–$1,250	9-24 months	None	Probate schedule details
Property Dispute Supreme Court for most real property actions.	$210–$500	1-3 years	None	Property Dispute schedule details
Restraining Order Orders of Protection free in Family Court and Criminal Court.	Free	Temporary order same-day; full hearing within 3-5 days	None	Restraining Order schedule details
Small Claims $20 for claims up to $1,000; $35 for claims over $1,000.	$20–$35	4-8 weeks to hearing	N/A	Small Claims schedule details
Tenant Rights Housing Court for rent overcharges. Small claims for deposits.	$20–$35	1-6 months	None	Tenant Rights schedule details

Take this with you

Where to go next from New York's civil filing fees.

See how New York ranks against every other state on average filing costs View state rankings
Check where a specific dollar amount sits against our full indexed database Use the fee percentile tool
Read a step-by-step guide before filing a specific process Browse guides

Filing fees and requirements change; verify current figures with your local court before filing.

Read our methodology - how this data is sourced, computed, and verified. National civil trial-rate context also lives there.

According to published New York court schedules compiled in the PlainCivil state-process database. See our methodology for source categories and vintage.

Fee and timeline figures on PlainCivil are rendered from the portal's state-process database compiled from published court schedules, no fee is invented for a ranking. State hub aggregates process rows for New York from the portal database. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error. Data current as of 2026-09-01. PlainCivil does not rate, rank-recommend, or advise on legal strategy, it reports what published schedules and court materials contain.

Compiled by PlainCivil, Civil legal-process data reference

Publisher	PlainCivil
Sources	Public state court datasets and federal civil-justice records