New York divorce filing requires meeting specific residency requirements, choosing the correct venue, and submitting mandatory court forms. This comprehensive checklist covers everything you need for a New York divorce: complex residency rules, new venue requirements effective February 2025, Summons forms, and the $545 total filing cost ($335 filing fee + $210 index number). Whether you're just starting your New York divorce or ready to file, this guide provides a clear roadmap for 2025.
New York Divorce Residency Requirements
Before you can file for New York divorce, you must meet the state's residency requirements. New York has three different residency pathways under New York Domestic Relations Law § 230:
- 2-year continuous residency: Either spouse has lived in New York continuously for at least 2 years before filing
- 1-year conditional residency: Either spouse has lived in New York for at least 1 year AND either (a) the marriage ceremony was performed in New York, (b) the couple lived together as husband and wife in New York, or (c) the grounds for divorce occurred in New York
- Both parties residents: Both spouses are New York residents at the time of filing AND the grounds for divorce occurred in New York
Only one spouse needs to meet these requirements—not both (unless using the third option). New York is a no-fault divorce state, meaning you can file based on the marriage being "irretrievably broken" for at least 6 months without proving wrongdoing.
Even without a formal waiting period in New York, an AI-driven divorce planner ensures you address all financial and legal prep work early on.
Choosing the Right Venue for Filing
IMPORTANT 2025 UPDATE: Effective February 19, 2025, New York changed its venue rules under amended CPLR § 515. You must now file in the Supreme Court of a county where either (a) one of the parties resides, or (b) one of the minor children of the marriage resides.
This change provides more flexibility than the previous rules. All New York divorces are filed in Supreme Court (which handles all major civil matters including divorce), not Family Court. Many counties now support e-filing, and effective July 7, 2025, e-filing becomes mandatory in more counties. Check the NY Courts Uncontested Divorce webpage for county-specific requirements.
Required Forms for New York Divorce Filing
Every New York divorce starts with one of two primary documents:
- Summons with Notice: A shorter form that provides basic information about the divorce action without detailed allegations. This is often preferred for uncontested cases because it's simpler and reveals less information initially.
- Summons and Verified Complaint: A comprehensive document that includes all grounds for divorce, detailed allegations, and requests for relief. Required for contested divorces or when seeking immediate temporary orders.
You'll also need an Index Number ($210 fee) from the County Clerk before filing. For uncontested divorces, New York provides standardized UD-1 through UD-10 forms. The NY Courts Divorce Forms page has all official forms with instructions. On March 1, 2025, Joint Divorce Forms were revised with updated procedures.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your New York divorce. Use our free calculator to get a personalized estimate based on your specific situation.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
New York Divorce Filing Fees and Costs
The filing fee for New York divorce is $335 (subject to change by county). Additionally, you must purchase an Index Number for $210 from the County Clerk, bringing your baseline total to approximately $545. These fees do not include service of process costs, which vary by county and method.
If you cannot afford the filing fees, you can apply for a fee waiver by filing for "Poor Person's Relief" using form UD-11. The court will review your financial circumstances and may waive all or part of the fees. Instructions are available on the NY Courts website.
Recent Changes in New York Divorce Law (2025)
Several significant changes took effect in early 2025 that impact New York divorce filing:
- February 19, 2025: New venue rules (CPLR § 515) allow filing where either party or minor child resides
- March 1, 2025: Joint Divorce Forms revised with updated procedures and instructions
- July 7, 2025: Mandatory e-filing expansion to additional counties
These changes are designed to make New York divorce filing more accessible and efficient. The venue change gives parties more flexibility in choosing where to file, and the e-filing expansion speeds up processing times.
Frequently Asked Questions
Can I file for divorce in New York if my spouse lives in another state? Yes, as long as you meet one of New York's residency requirements. Your spouse's location doesn't matter for filing, though you'll need to arrange proper service of documents to their out-of-state address.
What's the difference between Summons with Notice and Summons and Verified Complaint? Summons with Notice is shorter and simpler, providing basic information without detailed allegations—ideal for uncontested cases. Summons and Verified Complaint is comprehensive with full details and is required for contested divorces.
How long does the divorce process take in New York? Uncontested divorces typically take 3-6 months after filing if all paperwork is correct. Contested divorces can take 12-18 months or longer depending on complexity and court schedules.
New York's complex divorce process is easier to manage with a comprehensive divorce planning platform that keeps track of forms, deadlines, and financial impacts.
