Educational only — not legal advice.
An uncontested divorce is one where both spouses agree on everything — that the marriage is ending, and on all the related issues (property, finances, and, if there are children, custody and support). When spouses genuinely agree, New York's process is designed to be navigated without a lawyer, and the state provides free forms and instructions for people doing it themselves. This guide walks through how that process generally works so you know what to expect.
This is a general overview of publicly available court procedures, not legal advice. Divorce affects significant legal and financial rights, and every situation is different — see the note near the end about when to get professional help.
The three things you need
To file for an uncontested divorce in New York, three things generally have to be true:
- A legal ground (reason). For an uncontested case, the standard reason is the no-fault ground: that the marriage has been irretrievably broken for at least six months, stated under oath. That six-month period happens before you file.
- Residency. New York requires a connection to the state before you can file. The most common paths are: either spouse has lived in New York continuously for one year and you married in New York, lived in New York as a couple, or the reason for the divorce happened in New York — or either spouse has lived in New York continuously for two years with no other connection required.
- Agreement on all issues. This is what makes it "uncontested." New York will not finalize a divorce while questions about property, support, or custody remain open — everything has to be resolved first.
If any of these isn't true — especially if you and your spouse don't agree on the issues — the case is contested, which is a different and more involved process.
What it costs
The court filing fees for an uncontested divorce total at least $335, made up of two main charges: the index number fee (about $210), which opens the case, and the note of issue fee (about $125), which puts it before the court for review. Certified copies of the final judgment cost a few dollars each. If you can't afford the fees, you can ask the court for a fee waiver. Fees can change, so confirm the current amounts with your county clerk.
The uncontested divorce process, step by step
New York's do-it-yourself uncontested divorce uses a set of standardized forms (often referred to by codes like UD-1, UD-2, and so on). The general sequence looks like this:
- Confirm you qualify. Check that you meet the residency requirement and that your case is genuinely uncontested.
- Open the case. Purchase an index number from the County Clerk and file the initial papers — the Summons (Form UD-1) and the Verified Complaint (Form UD-2), which state your residency, the no-fault ground, and what you're asking for.
- Notify your spouse. Your spouse must be formally served with the papers and given a chance to respond. (When spouses file the paperwork jointly and both sign, separate service generally isn't needed.) If your spouse is served and doesn't respond, there's a waiting period before you can move forward.
- Resolve all issues in writing. Any agreement about property, finances, and — if applicable — custody and support is put in writing and included with your papers.
- Submit the final packet. Once everything is agreed and the timing requirements are met, you submit the remaining forms — including the Note of Issue, the proposed Findings of Fact and Conclusions of Law (Form UD-10), and the proposed Judgment of Divorce (Form UD-11).
- The judge reviews and signs. A judge reviews the file. If residency, grounds, and all issues are properly handled, the judge signs the Judgment of Divorce.
- The judgment is entered. The County Clerk enters the judgment, and either spouse can purchase certified copies. From start to finish, an uncontested divorce in New York commonly takes about three to six months.
Common terms you'll run into
- Plaintiff / Defendant — the spouse who files / the other spouse.
- No-fault (irretrievable breakdown) — the standard ground for an uncontested divorce: the marriage has been broken for at least six months.
- Index number — the case number you buy from the County Clerk to open the case.
- Verified Complaint — the sworn document stating residency, grounds, and what you're requesting.
- Note of Issue — the form that places your finished case before the court for review.
- Judgment of Divorce — the final signed order that legally ends the marriage.
Where people commonly get stuck
For self-represented filers, the usual challenges are the sheer number of forms (a typical uncontested divorce involves around 15), making sure every form is consistent with the others, meeting the service and timing requirements correctly, and properly documenting any agreement on finances or children. The process is designed to be doable on your own — but it rewards being organized and careful with the paperwork.
When to consider professional help
An uncontested divorce assumes genuine agreement and a relatively straightforward situation. Some circumstances call for a licensed attorney's advice instead — for example, if you and your spouse don't agree on key issues, if there are significant or complex assets, if custody is disputed, or if there is any history of abuse or concern for safety. In those situations, proper legal advice protects your rights, and it's the right step to take.
Helpful official resource
New York's court system offers free divorce forms and step-by-step instructions for self-represented people. For the current forms, fees, and rules, the official source is nycourts.gov.