New York DIY Divorce: A Complete Guide

New York offers multiple DIY divorce pathways, including a new statewide joint petition option and comprehensive self-help resources. Unlike most states, New York has no mandatory waiting period—once your paperwork is complete, the court can sign your judgment. This guide covers the NYSCEF e-filing system, court-approved UD forms, residency requirements, and mediation resources.

Uncontested Joint Divorce (New Statewide Option)

As of January 2025, New York introduced an Uncontested Joint Divorce option available statewide. Both spouses complete and file a single joint packet, eliminating the need for one spouse to serve the other. This streamlined process requires only one set of filing fees.

The JD-1 Information Booklet from the New York Courts website provides complete instructions, required forms, and step-by-step guidance for couples who agree on all issues.

Standard Uncontested Divorce

If you prefer the traditional approach, New York's uncontested divorce process uses standardized UD (Uncontested Divorce) forms. One spouse files as petitioner, serves the other spouse, and the respondent either files an answer or signs a consent affidavit.

The NY CourtHelp website offers a DIY online tool specifically designed for couples without children under 21. The tool walks you through each form and generates completed documents ready for filing.

E-Filing Through NYSCEF

New York offers electronic filing through the NYSCEF portal (New York State Courts Electronic Filing). Self-represented litigants can opt into e-filing but are not required to use it.

To file electronically:

• Create a NYSCEF account
• Select Supreme Court and your county
• Upload your completed forms
• Pay filing fees online
• Receive electronic confirmation

Check the "Authorized Case Types" list for your county, as availability may vary. If e-filing isn't available, you can file paper documents directly with the County Clerk.

Residency Requirements

New York has flexible residency requirements under Domestic Relations Law § 230. You can file if any of these apply:

• 2 years: Either spouse has been a continuous NY resident for 2 years before filing
• 1 year plus connection: Either spouse has been a NY resident for 1 year AND you were married in NY, lived together in NY, or the grounds occurred in NY
• Both residents: Both spouses are NY residents when filing and the grounds occurred in NY

Filing Fees

New York's court fees are set statewide by the Unified Court System:

• Index number (starts your case): $210
• RJI/Note of Issue (uncontested combined): $125
• Certified copy of judgment: approximately $8

Total court fees for an uncontested divorce are approximately $335. Additional costs may include service of process and copies. If you cannot afford fees, ask the clerk about fee waiver eligibility.

No Waiting Period

Unlike most states, New York has no mandatory waiting period. The no-fault ground under DRL § 170(7) requires a sworn statement that the marriage has been "irretrievably broken" for at least six months, but this refers to when the breakdown began—not a waiting period after filing.

If your paperwork is complete and error-free, many uncontested New York divorces are signed within 4-12 weeks after submission, depending on court volume and county procedures.

Mediation Options

New York's Presumptive ADR initiative refers most contested civil and matrimonial cases to early mediation. Participation is encouraged but settlement is not required—if mediation doesn't resolve your issues, your case proceeds to litigation.

Many Judicial Districts have dedicated matrimonial mediation programs with court-approved mediators, often at reduced cost.

Estimate Your New York Divorce Costs

Use our calculator to estimate your total New York divorce costs. For a complete document checklist, see our New York divorce filing checklist.