How to File for Divorce in New York Without a Lawyer

Every divorce in New York must go through the Supreme Court — not Family Court, not a county clerk's office, not an online portal. The Supreme Court is the only court with constitutional authority to dissolve a marriage in this state. That single fact trips up thousands of self-represented filers every year.

Here's the full sequence, from eligibility check to signed judgment.

Confirm You Meet New York's Residency Requirements

Before you spend the $210 index number fee, verify you qualify under DRL Section 230. New York enforces five residency tests, and the one that applies depends on where you married and where you've lived:

• Two-year rule: Either spouse has lived in New York continuously for at least two years immediately before filing (no marriage connection required)
• One-year rules: Either spouse has lived here continuously for one year AND the marriage took place in New York, you lived here as a married couple, or the grounds for divorce arose here
• Both residents: If both spouses currently live in New York and the grounds arose here, there's no minimum duration

If you don't meet any of these, New York courts will dismiss your case on jurisdictional grounds — and you won't get that filing fee back.

Choose the Right Filing Track

New York offers two main uncontested paths:

Standard uncontested divorce: One spouse files as plaintiff. You prepare a Summons with Notice (Form UD-1) or a Summons and Verified Complaint (Forms UD-1a and UD-2), serve your spouse, wait for their response (or default), then submit the remaining packet.

Joint uncontested divorce: Both spouses file as co-petitioners, sign a joint summons, and skip formal service entirely. This eliminates the response window and the 40-day default waiting period.

If your spouse plans to contest anything — custody, property division, support — you're looking at a contested action that typically requires an attorney.

File Your Initial Papers

Take your completed summons, the Notice of Automatic Orders, the Notice Concerning Continuation of Health Care Coverage, and the Notice of Guideline Maintenance to the County Clerk. If you have minor children, attach the Child Support Standards Chart.

Pay the $210 index number fee. The clerk assigns your case an index number — write this on every document you file going forward. As of February 2025, CPLR 515 requires you to file in a county where either you or your spouse resides (or where a minor child lives).

Serve Your Spouse

You have 120 days from filing to complete personal service. A person who is at least 18 years old and is not a party to the divorce must hand-deliver the papers directly to your spouse. You cannot serve them yourself.

The server must complete the Affirmation of Service (Form UD-3), including the defendant's physical description and — under Chapter 473 of the Laws of 2024 — their perceived race and gender. Service cannot happen on a Sunday or the defendant's religious observance day.

Wait for the Response (or Default)

Your spouse has 20 days to respond if served within New York, or 30 days if served outside the state. Three things can happen:

1. Consent: Your spouse signs Form UD-7, waiving all time periods. You can proceed immediately to submit the final packet.
2. Default: Your spouse doesn't respond. Wait exactly 40 days from the service date before submitting the remaining papers.
3. Answer filed: Your spouse contests the divorce. The case leaves the uncontested track.

Submit the Uncontested Divorce Packet

File the Note of Issue ($30) and Request for Judicial Intervention ($95), plus the Findings of Fact and Conclusions of Law (Form UD-10), proposed Judgment of Divorce (Form UD-11), and the Sworn Statement of Removal of Barriers to Remarriage (Form UD-4). Include child support and maintenance worksheets if applicable.

A judge reviews the packet. If everything is in order, they sign the Judgment of Divorce.

Finalize the Divorce

The signed judgment must be filed with the County Clerk. Purchase certified copies ($8 each), then serve your spouse with a certified copy and the Notice of Entry (Form UD-14). Have the person who mailed it complete Form UD-15 (Affirmation of Service by Mail) and file that too.

Skipping the Notice of Entry is one of the most common mistakes — without it, the 30-day appeal clock never starts, and your judgment remains vulnerable to late challenges.

The New York Divorce Filing Process Guide walks through each of these steps with county-specific checklists, clerk packaging requirements, and the financial worksheets you'll need to get your packet approved on the first submission.

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