Recently updated on November 8th, 2025 at 02:57 am

Prepare your documents for Divorce in New York

This website helps prepare the forms required for Divorce in New York

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which Divorce related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a family law attorney or legal professional for guidance on divorce in New York. An advocate can help you understand your rights and options under New York law, review your case documents, discuss your specific situation, and assist in developing a plan for financial and personal stability during and after the divorce process.

4. File with the Clerk

You can formally begin the divorce process in New York by filing your completed summons with notice or summons and complaint with the Clerk of the Supreme Court in the county where you or your spouse resides. Filing can usually be done in person or by mail, and some counties may offer electronic filing. You must include the required filing fee or submit a request for a fee waiver if you cannot afford it. Once accepted, the Clerk will open your case, enter it into the court system, and assign a case index number for all future filings.

Process

Step 1

You: Take Online Screening

Begin your divorce filing process by taking the screening on LegalAtoms. Enter your ZIP code in the top right corner of the homepage, then answer a few simple questions about your marriage, residency, property, and any children involved. This screening helps confirm whether filing for divorce in New York is appropriate for your situation and identifies the specific forms and steps required. Based on your answers, LegalAtoms customizes the process to match your county’s local court rules. Before starting, gather important information such as your marriage date, spouse’s details, property records, and information about children, if applicable.

Step 2

You: Gather Personal Information and Prepare the Original Petition for Divorce

Start by gathering all important information needed to complete your New York divorce filing, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, and addresses)
A list of marital assets, debts, and any separate property claims

Next, obtain the official Summons with Notice or Summons and Complaint form from the Clerk of the Supreme Court in your county, or download it from your county court’s website if available. Complete the forms carefully, ensuring that all required sections are accurate and complete.

The forms must be signed and filed with the Clerk before your case can proceed. Keep a copy of the filed forms and all related documents for your records, as you will need them throughout the divorce process.

Step 3

You: Wait for the Clerk to Process Your Divorce Petition

After submitting your completed summons with notice or summons and complaint to the Clerk of the Supreme Court in your county, you must wait for the Clerk’s office to process and officially record it in the court system. Processing times vary by county but are typically completed within a few business days.

Once accepted, your divorce case will be formally opened and assigned a case index number, which you will need for all future filings and correspondence. You may request plain or certified copies of your filed documents for your records, as some agencies or institutions may require them. If your filing is rejected due to missing information or incorrect forms, you must correct the issues and resubmit before your case can proceed.

Step 4

You: Create Your Divorce Case on LegalAtoms

Log in to your LegalAtoms account, or create one if you don’t have an account. From your dashboard, click “Start New Case” and select Divorce (New York) as the case type. The platform will guide you step-by-step through entering all required information, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, addresses)
A list of marital assets, debts, and any separate property claims

You can upload supporting documents such as your marriage certificate, property records, and child-related documents. LegalAtoms helps ensure your forms are complete, accurate, and comply with your county’s local court rules before you file them with the Clerk of the Supreme Court (or electronically where available).

Step 5

You: Receive Your Filed Petition and Certified Copies

Once your summons with notice or summons and complaint is accepted by the Clerk of the Supreme Court, it will be officially filed and entered into the court’s records. You can then request a certified copy of the filed documents, which serves as official proof that your divorce case has been opened in New York.

Using Your Certified Documents:
A certified copy may be required to:

Serve your spouse with official notice of the divorce
Provide proof of a pending case to employers, government agencies, or financial institutions
Submit with other court filings related to your divorce

Certified copies can be requested from the Clerk’s office at the time of filing or later as needed. It is strongly recommended to keep at least one certified copy for your records, as plain photocopies may not be accepted for official or legal purposes.

Step 6

Wait for the Clerk’s Confirmation

After submitting your summons with notice or summons and complaint, you must wait for the Clerk of the Supreme Court to officially record your filing and assign a case index number. Processing times vary by county but are usually completed within a few business days.

During this waiting period, monitor your LegalAtoms dashboard and any notifications from the Clerk’s Office. Once your filing is recorded, the Clerk will return the filed copy and make certified copies available upon request.

If your filing is complete and accurate, it will be accepted without issue. However, if required information or signatures are missing, the Clerk may reject the filing. You’ll need to correct and resubmit the documents before your New York divorce case can proceed.

Step 7

Receive Your Filed Divorce Petition and Begin the Process

Once the Clerk of the Supreme Court records your summons with notice or summons and complaint, your case becomes official, and the divorce process formally begins in New York. LegalAtoms will guide you through requesting certified copies of your filed documents, which may be needed for important steps such as:

Serving your spouse with official notice of the divorce
Providing proof of a pending case to employers, agencies, or financial institutions
Filing additional court documents as your case progresses

If your filing is rejected, LegalAtoms will help you identify the issue — such as missing signatures or incomplete information — so you can correct and resubmit it quickly.

Once your case is active in the New York court system, you must complete all required steps, including properly serving your spouse and obtaining a Final Judgment of Divorce, before your divorce is legally finalized. New York requires that at least one spouse has lived in the state for at least one year prior to filing (or six months if the grounds are based on a marriage in New York).

Step 8

Finalize and Maintain Your Divorce Decree

Once your divorce is finalized, the court will issue a Final Judgment of Divorce, which officially ends your marriage and outlines the terms for property division, debts, spousal support, child custody, child support, and any other applicable matters. This judgment is legally binding and must be followed by both parties.

LegalAtoms will notify you when your judgment is ready and guide you through requesting certified copies. These certified copies may be required for tasks such as:

Updating your name on identification or legal documents
Adjusting property titles, bank accounts, or insurance policies
Providing proof of divorce to government agencies or employers

If your judgment includes ongoing obligations, such as child support, parenting plans, or spousal support, you must comply with those terms. Failure to do so can result in enforcement actions or other legal penalties.

By keeping certified copies of your Final Judgment and following its terms, you help protect your rights and ensure your divorce remains fully recognized under New York law.

FAQs

What is an Divorce?

What Are Valid Reasons for Divorce in New York?

In New York, the law also recognizes no-fault divorce, meaning you do not have to prove that either spouse did something wrong to end the marriage.

No-Fault Ground:

Irretrievable Breakdown of the Marriage – The relationship has broken down for at least six months and cannot be repaired. This is the most common and sufficient reason for divorce in New York.

Other Possible Grounds (Less Common Today):

While no-fault divorce is most often used, New York still allows certain fault-based grounds, including:

Cruel and inhuman treatment
Abandonment for at least one year
Imprisonment for at least three years
Adultery

New York does not require proving fault to obtain a divorce, but fault-based grounds may still be raised and can sometimes affect issues like property division, spousal support, or custody.

What Is the Divorce Process in New York?

File the Papers
One spouse (the plaintiff) files a “Summons with Notice” or a “Summons and Complaint” in the county clerk’s office where either spouse lives.
Serve the Spouse
The other spouse (the defendant) must be formally served with the divorce papers by someone age 18+ (not one of the spouses) within 120 days of filing. Respond
After service, the defendant has 20-30 days (if personally served) to file an Answer or sign an “Affidavit of Defendant”. Otherwise the case may proceed by default.
Exchange Financial and Other Relevant Information
While not always labelled the same, both parties often must exchange financial disclosures, settlement proposals, property lists, and child-related documentation when applicable.
Temporary Orders / Pre-trial Motions (if needed)
Either spouse may ask the court for temporary relief on issues like child support, custody, alimony, or marital home usage while the case is pending.
Mediation or Settlement Negotiation
Many divorces in New York are resolved through agreement rather than going to full trial. Negotiation, mediation, or settlement talks happen to resolve property division, debt, support, and parenting.
Trial or Court Intervention (if no agreement)
If the spouses cannot agree, the case proceeds to contested litigation. The court will set dates for hearings, discovery, status conferences, and ultimately a judge will decide outstanding issues.
Judgment of Divorce
Once all terms are settled or decided by the court, a Judgment of Divorce is signed, officially ending the marriage and setting the terms for property, support, custody, and so on.

How long does the Divorce process take?

In New York, there is no mandatory waiting period after filing for divorce, but certain steps must be completed before the court issues a final judgment. The total time depends on whether the case is uncontested or contested.

Uncontested divorce (both spouses agree on all terms):
These cases are typically resolved in about 3 to 6 months, depending on how quickly paperwork is completed and the court's processing times.

Contested divorce (disagreements over property, custody, or support):
These cases can take 9 months to 2 years or more, depending on the complexity of the issues, the amount of court involvement needed, and the court’s schedule.

What happens if my filing is rejected?

If your divorce filing is rejected in New York, it usually means something in the paperwork was incomplete or did not meet court requirements. Common reasons include:

Missing or incorrect information (such as spouse details, marriage info, or residency)
Incomplete or incorrect forms
Missing signatures or required notarization
Filing fee not paid or incorrect fee submitted
Incorrect court forms or missing supporting documents
Filing in the wrong county

If this happens, the County Clerk or court will let you know what needs to be fixed. You must correct the issue and resubmit the documents before the divorce case can move forward in the New York court system.

When will I hear back about my filing?

In New York, once you file your divorce papers with the County Clerk, you will usually receive confirmation within a few business days. The Clerk will:

Review your paperwork to make sure it is complete and the filing fee has been paid (or a fee waiver submitted).
Assign an index number once the filing is accepted.
Notify you — typically by mail, email, or through the court’s online system — when your filing has been officially recorded.

If you filed through an online service, you may also receive updates in your account or dashboard as soon as the Clerk processes your submission.

Are there fees associated with filing an Divorce?

Yes. In New York, there are fees associated with filing for divorce:

Index Number Fee: $210 to start the divorce case.
Total Basic Court Costs: Typically around $335 for an uncontested divorce, though the amount may be higher depending on additional filings.
Service of Process Fees: Additional cost if a process server or other approved method is used to serve your spouse.
Other Possible Costs: Fees for certified copies, motions, mediation, or other court services.

If you cannot afford the filing fees, you may apply for a fee waiver (often called a “Poor Person Application”) to request that the court reduce or waive the fees based on financial hardship.

Where can I get help with Divorce issues?

If you need help with divorce issues in New York, you have several free or low-cost options. Organizations that commonly assist with divorce and family law matters include:

The Legal Aid Society
New York Legal Assistance Group (NYLAG)
City Bar Justice Center
Brooklyn Legal Services / Legal Services NYC
Legal Aid Society of Northeastern New York

You can also use LawHelpNY to find local legal aid offices, court self-help centers, and other free resources for divorce and family law matters throughout the state.

Court Forms Created This website guides you through all the topics required to complete your Divorce documents and file your case.

Core Forms

Joint Affirmation of Facts and Agreement
Summons with Notice and Combined Notice of Appearance
Department of Health – Certificate of Dissolution of Marriage
Affirmation of Service by Mail of Judgment of Divorce with Notice of Entry
Affirmation of Service by Mail
Affirmation of Service by Personal Delivery
Combined Findings of Fact, Conclusions of Law, and Judgment of Divorce (No Children)