Your New York divorce checklist. Free.
Go through this before you file. If you can check every box, an uncontested divorce is usually straightforward.
1. Make sure you qualify
- ☐ Residency: one of you has lived in New York for 2 straight years before filing, or 1 year if you married in NY, lived in NY as a couple, or the reason for the divorce happened in NY.
- ☐ Grounds: the marriage has been broken for at least 6 months.
- ☐ Agreement: you agree on dividing property and debts, and on spousal support (or that there will be none).
- ☐ Children: no shared children under 21 (our self-file packet is built for this; cases with children have extra steps).
2. Gather this information
- ☐ Your full legal name, address, date of birth and Social Security number (the forms ask for it)
- ☐ Your spouse's full legal name, last known address and, if you know it, their Social Security number
- ☐ Date and place (city, state or country) of your marriage, exactly as on the marriage certificate
- ☐ Whether the marriage was a religious ceremony (New York asks)
- ☐ Where each of you has lived for the last 2 years (for residency)
- ☐ Your health insurance plans, if any (the forms ask)
- ☐ Whether you want to go back to a prior surname
- ☐ Whether your spouse will sign (easier, 2–4 months) or won't (default path, 3–4 months)
3. Budget for the court fees
| Easy Divorce Filing packet (17 documents) | $99 |
| County Clerk index number | $210 |
| Note of Issue | $125 |
| Two certified copies of your Judgment (about) | $16 |
| All-in, about | $450 |
Court fees are paid to the County Clerk, not to us. If you receive SNAP, Medicaid or SSI, you may qualify to have court fees waived.
4. Avoid the 3 most common rejections
- Names and dates that don't match across forms. Copy them exactly from your marriage certificate.
- Missing notarization or signature. Several affidavits must be signed in front of a notary.
- Incomplete proof of service. If your spouse won't sign, the Affidavit of Service must say who served the papers, where and when.
5. Find your County Clerk
You file in the Supreme Court in your county. Find your county's clerk address and phone →
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What to gather, what the court charges, and the 3 mistakes that get papers sent back. Sent by email, with a plain subject line, so it's private.
General information about New York filing rules, not legal advice for your situation.