# How to file for divorce in New York, step by step

> Filing for divorce in New York: the index number, which summons to use, the UD forms, what the $335 in court fees covers, and how to get the fees waived.

New York starts a divorce with a purchase. Before any paper gets filed, you walk into the county clerk's office and buy an index number for $210, and the case does not exist until you do.

Everything after that follows from which summons you choose in the next ten minutes.

## How do you start a divorce case in New York?

You buy an index number at the county clerk's office and file either a Summons with Notice or a Summons and Verified Complaint, according to the court's [Divorce FAQs](https://www.nycourts.gov/divorce-resources/divorce-frequently-asked-questions-faqs). Both open the case. They differ in how much you say up front.

- **Summons with Notice, Form UD-1.** A one page document that names the ground and lists the relief you want without explaining any of it. Faster to prepare, and it keeps the details out of the file until your spouse demands a complaint.
- **Summons with Verified Complaint, Forms UD-1a and UD-2.** The summons plus a sworn complaint setting out residency, the ground, and everything you are asking for. More work now, less back and forth later.

For an uncontested case where your spouse is going to sign a consent, the summons with a verified complaint is usually simpler, because the complaint is the document the judgment gets built from.

## What forms do you need to file for divorce in New York?

New York publishes a free uncontested divorce packet with every form and a 44 page instruction booklet. The [uncontested divorce page](https://www.nycourts.gov/divorce-resources/uncontested-divorce-information-and-forms) lists them all. The core set:

- **Notices that go out with the summons in every case.** The Notice of Automatic Orders, the Notice of Guideline Maintenance for cases started on or after January 25, 2016, and the notice about continuing health care coverage. If you have children under 21, the Child Support Standards Chart goes too.
- **Proof of service, Form UD-3.** The affirmation from whoever handed your spouse the papers.
- **Sworn statement removing religious barriers to remarriage, Form UD-4,** with proof of service on Form UD-4a. Required in every case.
- **Affirmation of Regularity, Form UD-5.** Confirms for the court whether your spouse was served, appeared and signed, or defaulted.
- **Plaintiff's Affirmation, Form UD-6.** Your sworn statement, required in every case.
- **Defendant's Affirmation, Form UD-7.** Your spouse's consent, if they will sign it. It also waives the waiting period for the uncontested calendar.
- **Income and support worksheets, Forms UD-8(1), UD-8(2), and UD-8(3).** Annual income, maintenance guidelines, and child support.
- **The judgment packet.** Note of Issue UD-9, Findings of Fact and Conclusions of Law UD-10, Judgment of Divorce UD-11, the Part 130 certification UD-12, the Request for Judicial Intervention UD-13, the Notice of Entry UD-14, and the affirmation of service of the judgment UD-15, plus a Certificate of Dissolution and a stamped self-addressed postcard.

Cases with children add the Addendum to the RJI, Form 840M, the UCS-111 child support summary, and depending on circumstances a support collection unit information sheet, a qualified medical child support order, and an income withholding order.

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

$335 in court fees for a standard uncontested divorce, made up of three separate payments:

- **$210 for the index number.** [CPLR 8018](https://www.nysenate.gov/legislation/laws/CVP/8018) sets the county clerk's fee at $190, plus $5 for the local government records management improvement fund and $15 for the cultural education account.
- **$95 for the Request for Judicial Intervention.** [CPLR 8020(a)](https://www.nysenate.gov/legislation/laws/CVP/8020) makes this payable before a judge can be assigned.
- **$30 for the note of issue,** once the RJI has been filed and paid. Where no RJI is required, placing a cause on the calendar costs $125 instead.

The court's own fee schedule notes that $125 is the combined total for the RJI and the note of issue and tells you to check with your county, so confirm the split with your clerk before you write the checks.

Two other fees show up later in contested cases. Each motion or cross motion costs $45, and a jury demand costs $65, though a jury does not decide the economic issues in a divorce.

### Can you get the filing fee waived in New York?

Yes. Apply for a Waiver of Court Costs, Fees and Expenses. The supplemental appendix in the uncontested packet contains the application, the proposed order, and the affirmation of service, and the whole point of the 2024 renaming was to stop calling it a poor person's motion.

There is no fee for filing that application.

## Do you have to e-file a divorce in New York?

It depends on the county. New York runs matrimonial e-filing through NYSCEF, and whether it is mandatory, consensual, or unavailable varies by county and by case type. Your county clerk's office is the authority on which applies to you.

Self-represented filers generally have the option rather than the obligation, but check locally before you assume you can walk paper into the clerk.

## What happens after you file for divorce in New York?

1. **The automatic orders bind you immediately.** Filing the summons puts you under a court order about your accounts, your retirement, your debts, and your insurance. Read the [automatic orders chapter](https://www.counselpro.ai/divorce-guide/new-york/automatic-orders) before you move any money.
2. **Serve your spouse within 120 days.** Personal delivery is the default, and the notices above go with the summons. The [service chapter](https://www.counselpro.ai/divorce-guide/new-york/serving-divorce-papers) covers who can serve and what to do if you cannot find your spouse.
3. **Wait out the appearance period.** Twenty days from personal service in New York, thirty days for most other methods.
4. **Get the consent or take the default.** A signed Form UD-7 puts the case on the uncontested calendar without waiting.
5. **Assemble and file the judgment packet** with the county clerk, including three copies of the note of issue, and pay the note of issue and RJI fees.
6. **A judge reviews and signs.** The instructions warn that the court may still require a hearing where the case asks for maintenance, custody, visitation, or distribution of property, even if you already have an agreement, because any agreement is subject to judicial approval.

## What if your spouse contests the divorce in New York?

The case changes tracks. You file the Request for Judicial Intervention within 45 days of service, a judge gets assigned, and the court rules take over the calendar. The [contested divorce chapter](https://www.counselpro.ai/divorce-guide/new-york/contested-divorce-and-trial) covers the conferences, the discovery deadlines, and what a trial looks like.

The uncontested packet is explicit that it should not be used once a case becomes contested. Most of its forms only work when your spouse consents and asks the court for nothing.

Source: https://www.counselpro.ai/divorce-guide/new-york/filing-guide