Filing for an Uncontested Divorce

The person who starts the case is the Plaintiff. The other spouse is the Defendant.

Divorces can be complicated. It is always a good idea to speak with an attorney before starting a divorce case.

 

Preparing the Papers

If you are filing for an uncontested divorce, free forms are available for you to use:

• • If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers.
• If you have children under 21, use the paper Uncontested Divorce Packet.

In New York State the Supreme Court is the only court that handles divorce cases.

 

What to File

After the papers have been completed, signed and notarized, make two copies. You will need one copy for the Defendant and one copy for your own records.

File the following with the County Clerk's Office:

• Summons with Notice or Summons and Complaint
• Notice of Automatic Orders
• Notice Concerning Continuation of Health Care Coverage
• Settlement Agreement - if you have one. There is a $35 fee to file the agreement.

** The County Clerk may require additional forms and documents.

 

Where to File

File the papers with the County Clerk's Office. The County Clerk's Office is where the court fees are paid and where the case files in the county are kept for the Supreme Court. You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. Check to see if you can do this on the e-filing County List.

 

The Filing Fee

An index number costs $210. The index number is the number for your case and should be written on all papers filed.

An uncontested divorce costs at least $335 in court filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

If you have an extreme financial hardship and can't file for a divorce without financial help, you can apply for a fee waiver for the court fees. Ask the clerk for more information.

 

Next Step

The Defendant (the person you want to divorce) must be told of the divorce case in person. This is called service.

Learn about Serving the Defendant in an Uncontested Divorce.

** This is a general information and may not apply to the county where you're filing your uncontested divorce case. Contact the Supreme Court in your county for more information.