New York Divorce Cost, Filing Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Court fees (uncontested total)
- $335 minimum$210 index number + motion/RJI + note of issue fees
- Waiting period
- Noneno-fault ground requires 6 months of irretrievable breakdown before filing
- Residency requirement
- 2 years — or 1 year with NY connections
- Where to file
- Supreme Courtthe only NY court that grants divorces
New York divorce runs through the Supreme Court — confusingly, the state's trial-level court — and the court fees for an uncontested divorce total at least $335: a $210 fee to purchase an index number from the County Clerk, plus Request for Judicial Intervention and note of issue fees as the case proceeds.
New York has no post-filing waiting period, but its no-fault ground (DRL § 170(7)) requires that the marriage has been irretrievably broken for at least six months before filing. Residency rules are stricter than most states: generally two years of continuous residence, reduced to one year if you married in New York, lived there as a couple, or the grounds arose there. The court system's free DIY Uncontested Divorce Program generates all required forms.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Index number (County Clerk) | $210 | Official fee |
| Request for Judicial Intervention (RJI) | $95 | Official fee |
| Note of issue | $30 | Official fee |
| Service of processpersonal service required; process server typical in NYC | $50–$150 | Estimate |
| Contested — attorney representation | $5,000–$30,000+ | Estimate |
Court fees per the NY Courts uncontested divorce guidance — total court costs 'at least $335'. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Residency | 2 years' continuous NY residence by either spouse; OR 1 year if married in NY, lived in NY as a couple, or grounds arose in NY; OR both spouses resident and grounds arose in NY |
| Grounds | No-fault: irretrievable breakdown for 6+ months (DRL § 170(7)); fault grounds also available |
| Waiting period | None after filing |
| Fee waiver | Poor person's relief (CPLR 1101) — apply through the court clerk |
The process, step by step
- Buy an index number. Pay $210 at the County Clerk's office to open the case, filing the summons with notice or summons and complaint.
- Serve your spouse. Personal service within 120 days by someone over 18 who is not a party; the defendant has 20–30 days to respond.
- File uncontested papers. If the defendant defaults or signs an affidavit agreeing, file the uncontested divorce packet (the free DIY program assembles it).
- RJI and note of issue. Pay the $95 RJI fee and $30 note of issue fee to place the case on the court's calendar.
- Judgment of divorce. A judge reviews the papers — usually no court appearance in uncontested cases — and signs the judgment.
Forms & where to file
Supreme Court of the county where either spouse lives (papers are filed with the County Clerk).
Frequently asked questions
How much does a New York divorce cost in court fees?
At least $335: $210 for the index number, $95 for the Request for Judicial Intervention and $30 for the note of issue. Service, certified copies and notary costs are extra. Fee waivers are available for low-income filers.
Does New York have a waiting period?
No post-filing waiting period. But the standard no-fault ground requires the marriage to have been irretrievably broken for at least six months before you file, and uncontested cases still take a few months to move through the court.
Which court handles divorce in New York?
Only the Supreme Court (the statewide trial court). Family Court handles custody and support but cannot grant a divorce.
Do I qualify to file in New York?
Generally you need 2 years of continuous residence by either spouse — reduced to 1 year if you married in NY, lived in NY as a married couple, or the grounds arose in NY; or if both spouses are residents and the grounds arose in NY.
Related information
Sources & verification
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.