Who Qualifies for an Uncontested Divorce in New York?
An uncontested divorce in New York is available when both parties agree on all terms — or when one spouse does not respond after being properly served. To qualify:
- At least one spouse must have lived in New York for 2 continuous years before filing (or 1 year if you were married in NY, lived in NY as a couple, or the grounds for divorce occurred in NY)
- No children of the marriage under age 21 (children require additional forms and procedures not covered by the simplified process)
- Both parties agree there is no maintenance, no contested property division, and no contested debts
- The grounds are irretrievable breakdown of the marriage for at least 6 months (DRL §170(7))
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Find My Divorce Path →Consent Divorce vs. Default Divorce — What's the Difference?
Consent Divorce (Spouse Agrees)
Your spouse agrees to the divorce, signs an Affidavit of Defendant, and waives their right to contest or answer. This is the fastest route. Your spouse does not need to appear in court.
Documents required: Summons & Verified Complaint, Affidavit of Plaintiff, Affidavit of Defendant, two Health Insurance Affidavits, Note of Issue (Waiver), Affirmation of Regularity, Findings of Fact, Judgment of Divorce, Certification.
Default Divorce (Spouse Does Not Respond)
Your spouse is properly served but does not respond within the required time (20 days if served in NY, 30 days if served out of state). After a 40-day waiting period, you proceed without their participation.
Documents required: Same as above, plus Affidavit of Service and Sworn Statement of Removal of Barriers to Remarriage (in most cases). The Affidavit of Defendant is not included — replaced by the Affidavit of Service showing your spouse was served.
Important: You cannot serve your spouse yourself. Someone 18 or older (not you) must serve the papers.
Step-by-Step: How to File Your NY Divorce
Sign the Summons page (not notarized). Sign the second-to-last page. Sign the Verified Complaint section on the last page in front of a notary — the notary must stamp and sign.
You'll file the original and keep copies for your records.
Go to the County Clerk in your filing county. Tell them you're filing an uncontested divorce. Pay the ~$210 filing fee. The clerk gives you an Index Number — write this on every document in the space provided at the top right.
Consent: give your spouse a copy plus the Affidavit of Defendant and Health Insurance Affidavit to sign and notarize. Default: have a third party (18+, not you) personally serve your spouse.
Affidavit of Plaintiff (notarized), Health Insurance Affidavit (notarized). For default: wait 40 days after service before proceeding.
Add the Index Number to each. Fill in the filing date (date you bought the index number) in Findings of Fact. Add Social Security numbers where indicated. Do NOT sign the Judge or Clerk sections.
Bring all completed documents. The clerk gives you the RJI (Request for Judicial Intervention) and Certificate of Dissolution — complete and return them. Pay the ~$125 second filing fee.
The court reviews your packet. If everything is correct, the judge signs. You receive your Judgment of Divorce — you are officially divorced.
How Much Does a NY Divorce Cost?
| Cost | Amount | Paid To |
|---|---|---|
| Index Number (filing fee) | ~$210 | County Clerk |
| Final packet filing fee | ~$125 | County Clerk |
| Document preparation (EasyLegalFiling) | $149 | EasyLegalFiling |
| Notary fees (varies) | $0–$25 per signature | Notary |
| Total (approximate) | ~$484–$509 | |
| Compare: attorney-handled divorce typically costs $3,000–$8,000+ in New York. | ||
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Start My Divorce Documents →Which County Do You File In?
You file in the New York Supreme Court in the county where either you or your spouse currently resides. If you live in Brooklyn, file in Kings County. If your spouse lives in White Plains, you can file in Westchester County.
The county determines which courthouse you go to. The court forms are the same regardless of county — only the county name on the documents changes.