New York · Uncontested divorce · Updated Oct 2026

Uncontested divorce in New York

For spouses in New York who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver and mediation.

The short answer

When both spouses agree, this is the route in New York. Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.

Who can file (residency)
2 years (with exceptions)
Waiting period
No set waiting period
Filing fee
About $335

Who can use the process for agreed cases in New York

Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.

Before you file in New York

Who can file (residency)
One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.
Waiting period
No set waiting period after filing. For the no-fault ground, the marriage must have broken down irretrievably for at least 6 months (you don't have to live apart), and the judgment can't be granted until property, support, fees, custody and visitation are all settled or decided.
Law
N.Y. Dom. Rel. Law 230 · N.Y. Dom. Rel. Law 170(7)

Forms, fees and filing in New York

Official forms
Divorce forms (New York courts)
Court self-help
Divorce self-help (New York courts)
Filing fee
About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020).
If you can't afford the fee
Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.

If you agree on only some issues

Not required. Some courts offer mediation or referral programs.

An uncontested divorce in New York, step by step

  1. Check that you can file in New York

    One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.

  2. See if you qualify for the simpler process

    Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (New York courts)

  4. File, and pay the fee or ask for a waiver

    About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020). Can't afford it? Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.

  5. Have your spouse sign or be served

    Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method.

  6. Wait out the waiting period

    No set waiting period after filing.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in New York

Is there a simplified divorce for agreed cases in New York?

Uncontested divorce: if your spouse agrees or doesn't respond, you can finish on papers using the court system's uncontested divorce forms, usually without going to court.

How long does an uncontested divorce take in New York?

No set waiting period after filing. For the no-fault ground, the marriage must have broken down irretrievably for at least 6 months (you don't have to live apart), and the judgment can't be granted until property, support, fees, custody and visitation are all settled or decided.

Who can file for an uncontested divorce in New York?

One of these must be true: (1) you married in New York and one spouse has lived there for the 1 year before filing; (2) you lived in New York as a married couple and one spouse has lived there for the 1 year before filing; (3) the grounds happened in New York and one spouse has lived there for 1 year; (4) the grounds happened in New York and both of you live there when you file; or (5) one spouse has lived in New York for 2 years in a row before filing.

How much does it cost to file an uncontested divorce in New York?

About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020).

Is mediation required in New York?

Not required. Some courts offer mediation or referral programs.

More about divorce in New York

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.