An uncontested divorce in New York, for free.

What “uncontested” means

A divorce is uncontested when your spouse either agrees to it or does not respond after being properly served, and there is nothing left for a judge to decide: property, debts, support and (if you have children) custody are settled. New York’s courts publish a free do-it-yourself packet for exactly this case.

Do you qualify?

• Residency. New York has specific residency rules before you can file. See New York divorce residency requirements.
• Grounds. Most people use “no-fault” grounds: the marriage has been broken down irretrievably for at least six months (Domestic Relations Law §170(7)). You do not have to prove anyone did anything wrong.
• Agreement. Before the judgment is granted, the economic issues (property, debts, support, fees) and any custody and visitation questions must be resolved, usually in a written agreement you both sign.

The steps, in order

1. Buy an index number and file. File the Summons with Notice (or Summons and Verified Complaint) with the County Clerk.
2. Serve your spouse. Any adult over 18 who is not you can hand your spouse the papers. Your spouse can also sign an affidavit agreeing to the divorce.
3. Prepare the rest of the packet. Affidavits, the settlement terms, the proposed Findings and Judgment, and the required notices (including health-care and maintenance notices).
4. Submit for judgment. File the Request for Judicial Intervention and Note of Issue with the rest of your papers. In most uncontested cases, no court appearance is required.
5. Get your signed judgment and serve a copy on your spouse.

What it really costs

The court’s fees are about $335: $210 for the index number, then $125 when the Request for Judicial Intervention and Note of Issue are filed. If paying would be a real hardship, you can ask the court to waive the fees. See court fees and the fee waiver.

Jeremy’s help preparing your documents is free. The court forms themselves are free from the court too; what Jeremy adds is plain-language guidance through every question, so the clerk does not bounce your papers back.

Own a home together?

The house is usually the biggest decision. Read who keeps the house in a New York divorce before you sign anything.

Sources

• NY Courts: Uncontested divorce overview
• NY Courts: Divorce forms and FAQs

Last reviewed 2026-10-16. Laws and fees change; confirm with the court before you file.

Keep reading

• New York Divorce Court Fees (About $335) and How to Get Them WaivedWhat New York charges to file an uncontested divorce, what each fee is for, and how to ask the court to waive the fees if you cannot afford them.Costs · 2 min read →
• Who Keeps the House in a New York Divorce?How New York decides what happens to a home in a divorce: marital vs. separate property, equitable distribution, buyouts, selling, and what a divorce does not do to your mortgage.The house · 2 min read →
• Selling the House During a New York DivorceNew York's automatic orders limit selling property once a divorce starts. How to sell the marital home with consent, what to agree on first, and the questions to ask a tax professional.The house · 2 min read →