New York Divorce Forms

Filing for divorce in New York can feel overwhelming, especially if you're trying to handle the paperwork on your own. Fortunately, the New York State court system provides official New York divorce forms that allow you to file for divorce without hiring an attorney, especially if your case is uncontested.

What Are New York Divorce Forms?

New York divorce forms are the official legal documents required to begin and complete the divorce process. These forms are provided by the Supreme Court Clerk’s Office and are valid across New York State.

You’ll need different forms depending on:

  • Whether you are filing for a contested or uncontested divorce
  • Whether you have children under the age of 18 years
  • Whether you are seeking spousal support or child support
  • If you qualify for an apply for a fee waiver

Common Forms in the Uncontested Divorce Packet

An uncontested divorce packet typically includes:

  • Summons With Notice or Summons and Verified Complaint
  • Affidavit of Defendant (if your spouse agrees to the divorce)
  • Settlement Agreement (if you and your spouse have agreed on terms such as division of property or spousal maintenance)
  • Child Support Worksheet (if applicable)
  • Certificate of Dissolution of Marriage
  • Notice of Automatic Orders
  • Affidavit of Service
  • Note of Issue and Request for Judicial Intervention (RJI)
  • Judgment of Divorce

These documents help formalize the legal process and ensure all necessary information is recorded with the court.

You can download the uncontested divorce packet directly from the New York Courts website.

Where to Get New York Divorce Forms

You can download free New York divorce forms directly from the New York State Unified Court System website at nycourts.gov/divorce/forms.shtml.

Some counties, like Ulster County and Broome County, offer additional resources or county-specific instructions on their clerk websites.

Before Filing Divorce Forms

Before you file for divorce, make sure you meet New York’s requirements:

1. Residency Requirements

At least one spouse must have lived in New York for:

  • Two years before filing, or
  • One year if you got married in New York, lived together in New York, or the grounds for divorce happened in New York.

2. Grounds for Divorce

New York allows for both fault-based and no-fault divorce. Most people use irretrievable breakdown as grounds, meaning the marriage has been broken for at least six months.

3. Filing an Index Number

Once you submit your forms to the Supreme Court Clerk’s Office, you will receive an index number. This number must appear on all your divorce documents.

Filing Process: Step by Step

Here’s how to use the New York divorce forms properly:

Step 1: Fill Out the Forms

Complete the necessary forms in the uncontested divorce packet. Make sure to include:

  • The correct grounds for divorce
  • Details of your settlement agreement (if you have one)
  • Information on child support and spousal support, if applicable

Step 2: File the Forms

Take your completed forms to the Supreme Court Clerk’s Office in the county where either you or your spouse lives. You’ll pay a filing fee of $210. If you cannot afford the court fees, you can apply for a fee waiver (Poor Person’s Relief).

Step 3: Serve Your Spouse

Your spouse must be served with the divorce papers within 120 days of filing. Someone else over 18 must deliver the papers in person.

If your spouse signs the Affidavit of Defendant, it confirms they agree to the divorce. If they do not respond within 40 days, the case moves forward by default.

Step 4: Submit Additional Documents

Once your spouse responds (or defaults), file additional forms such as:

  • Affidavit of Service
  • Certificate of Dissolution
  • Child Support Worksheets (if applicable)

If you have a settlement agreement, file it now.

Step 5: Final Judgment

A judge will review your paperwork and, if everything is correct, sign the Judgment of Divorce. Some cases may require a short court appearance, especially if issues like custody or spousal support are involved.

Once you receive the signed judgment, you must:

  • Serve a copy to your spouse
  • File the judgment with the County Clerk’s Office

Do You Need a Lawyer?

While the uncontested divorce forms are designed for self-representation, it’s often wise to consult an attorney if:

  • You’re unsure about the division of property
  • There are child support or custody concerns
  • You or your spouse own a home, business, or other significant assets

Filing for divorce is never easy, but New York divorce forms are designed to simplify the process, especially if both parties agree on the terms. With careful attention to detail and by following each step, many people can complete an uncontested divorce without hiring a lawyer.

If you need help or are unsure about any step, visit your local Supreme Court Clerk’s Office or consult the New York Unified Court System’s website for additional guidance.