How to Complete a Divorce by Yourself in New York

Filing for divorce in New York without hiring an attorney, also called “pro se” representation, can save money and give you greater control over the process. This guide walks you through the necessary steps, court procedures, key legal topics, and resources to help you navigate the process effectively.

• Steps to Complete a Divorce by Yourself in New York
• County Court Filing Locations
• Additional Topics Related to Divorce
• Frequently Asked Questions (FAQs)

Steps to Complete a Divorce by Yourself in New York

1. Check Residency Requirements and Grounds for Divorce

   • To file for divorce in New York, you or your spouse must meet the residency requirements:
     • Both spouses lived in New York as a married couple, or
     • One spouse has lived in New York for at least two years before filing, or
     • One spouse has lived in New York for at least one year and the marriage took place in New York.
   • New York allows both no-fault and fault-based divorces. Common grounds include irretrievable breakdown, abandonment, or adultery.
   • Learn more about residency rules and grounds for divorce on the New York State Unified Court System Divorce Page.

2. Download and Complete Required Forms

   • Start by downloading the Divorce Packet provided by the New York State Unified Court System.
   • Key forms include:
     • Instructions for Uncontested Divorce
     • Summons with Notice (UD-1)
     • Affidavit of Plaintiff (UD-6)
   • If children are involved, complete the Child Support Worksheet.

3. File Your Forms with the County Clerk

   • Submit your completed forms to the county clerk’s office in your county of residence.
   • The filing fee for a divorce in New York is $210, but additional costs may apply for document processing. Fee waivers are available using the Poor Person Relief Form (UD-3a).
   • After filing, you will receive an index number, which you will use throughout your case.

4. Serve Divorce Papers on Your Spouse

   • Your spouse must be served with the divorce papers within 120 days of filing. Accepted methods include:
     • Personal delivery by a process server.
     • Substituted service, such as leaving documents with a suitable person and mailing copies.
   • Learn more about serving papers at the New York Court Service Instructions.

5. Wait for Your Spouse’s Response

   • Your spouse has 20 days to respond if served in New York or 30 days if served outside the state.
   • If your spouse does not respond, you can request a default judgment using the Affidavit of Service and other supporting documents.

6. Exchange Financial Disclosures

   • Both parties must provide full financial disclosure. Complete the Statement of Net Worth for this purpose.
   • Attach supporting documents such as pay stubs, tax returns, and bank statements.

7. Resolve Issues or Finalize an Agreement

   • If the divorce is uncontested, submit a written settlement agreement outlining terms for property division, custody, and support.
   • For contested cases, consider mediation or prepare for a court hearing to resolve disputes.

8. Submit Final Forms and Attend the Court Hearing

   • File your final documents, including the Judgment of Divorce (UD-11), with the clerk’s office.
   • In uncontested cases, the judge may approve your divorce without a hearing. Contested cases typically require a court appearance.

County Court Filing Locations in New York

Visit the New York Courts Locator for a full list of county court locations. Below are some of the busiest counties:

New York County (Manhattan)

60 Centre Street
New York, NY 10007
Phone: (646) 386-3000
Visit Court Website

Kings County (Brooklyn)

360 Adams Street
Brooklyn, NY 11201
Phone: (347) 296-1200
Visit Court Website

Queens County

88-11 Sutphin Boulevard
Jamaica, NY 11435
Phone: (718) 298-1000
Visit Court Website

Bronx County

851 Grand Concourse
Bronx, NY 10451
Phone: (718) 618-1400
Visit Court Website

Richmond County (Staten Island)

26 Central Avenue
Staten Island, NY 10301
Phone: (718) 675-8700
Visit Court Website

Additional Topics Related to Divorce

1. Common Mistakes to Avoid During a Divorce

• Improper Service: Serving papers incorrectly can delay your case. Use a licensed process server or follow the court’s rules for serving papers.
• Incomplete Forms: Failing to complete forms accurately can lead to unnecessary delays.
• Overlooking Financial Disclosures: Full financial transparency is required to avoid penalties or adverse rulings.

2. Understanding Property Division in New York

New York follows equitable distribution, meaning marital property is divided fairly, though not always equally. For more information, visit the Equitable Distribution Overview.

3. Navigating Child Custody and Support

New York courts prioritize the child’s best interests when determining custody. Parenting time and decision-making are key considerations. Child support is calculated using the New York Child Support Calculator.

4. How to Handle Spousal Support (Alimony)

Spousal support in New York is based on factors like the length of the marriage, the standard of living, and earning capacities. Learn more on the Spousal Support Guide.

5. Managing Emotional and Psychological Challenges

Divorce can be emotionally taxing. Seek support from a therapist, join a support group, or use self-help resources like mindfulness apps.

6. Checklist for Divorce Preparation

• Gather financial records: tax returns, bank statements, and loan documents.
• Create a list of marital and separate property.
• Draft a budget for post-divorce expenses.

7. Contested vs. Uncontested Divorces

Uncontested divorces are quicker and cheaper because both parties agree on all terms. Contested divorces require court intervention to resolve disputes over issues like custody and property division.

8. Alternatives to Divorce

• Legal separation allows couples to live apart while remaining legally married.
• Annulments are rare but may apply in cases of fraud, incapacity, or bigamy.

9. Post-Divorce Actions

• Update your legal documents, such as your will and beneficiary designations.
• Close joint financial accounts and open individual accounts.
• Maintain a copy of your final divorce decree for future reference.

Frequently Asked Questions (FAQs)

Q1: How long does a divorce take in New York?
A: The minimum time is about three months for uncontested divorces, but contested cases can take much longer.

Q2: What is the cost of filing for divorce?
A: The filing fee is $210, with additional costs for serving papers and certified copies.

Q3: Can I modify custody or support orders after the divorce?
A: Yes, you can file a petition for modification if circumstances change.

Q4: Is mediation required?
A: Mediation is encouraged but not required for contested divorces.

Q5: Can I file for divorce online in New York?
A: Online filing is available in certain counties. Check with your local court.

Q6: How is property divided in New York?
A: New York follows equitable distribution, dividing assets based on fairness rather than equality.

Q7: What if my spouse doesn’t respond to the divorce filing?
A: You can request a default judgment if your spouse fails to respond within the required time frame.

Q8: Do I need a lawyer to file for divorce?
A: A lawyer is not required, but legal advice is recommended for complex cases.

Q9: How is child custody decided?
A: Custody decisions are based on the child’s best interests, considering factors like stability and safety.

Q10: What happens if we reconcile after filing for divorce?
A: You can file a motion to dismiss the case if both parties agree.