Am I Eligible for a DIY Divorce in New York? (2026)

New York's no waiting period, low minimum fees, and free official forms make it accessible for DIY divorce. Work through these questions.

Section 1 — Basic Eligibility

1. Do you meet one of New York's residency pathways?

• 2 years in NY (either spouse)
• 1 year in NY AND married in NY, lived in NY as couple, or grounds occurred in NY
• Both currently in NY AND grounds occurred in NY
• ✅ Yes — continue
• ❌ No — wait until you qualify

2. Was your marriage solemnized in a religious ceremony?

• ✅ No (civil ceremony) — UD-4 not needed, proceed
• ⚠️ Yes — you'll need to complete UD-4 (Sworn Statement of Removal of Barriers to Remarriage)

Section 2 — Agreement Factor

3. Do both spouses agree on all terms?

• ✅ Yes — strong DIY candidate
• ⚠️ Not yet, communicating well — reach agreement before filing
• ❌ Spouse unresponsive — default divorce path
• ❌ Spouse wants to contest — contested divorce, consider attorney

4. Have you agreed on all property and debt?

• ✅ Yes — proceed
• ⚠️ Mostly — resolve remaining issues before filing
• ❌ Can't agree — consider mediation before filing

Section 3 — Complexity

5. Do you live in New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island)?

• ✅ No — faster processing expected
• ⚠️ Yes — budget 3–6 months for processing; file a complete, error-free packet

6. Do you have a NYC co-op apartment?

• ✅ No — standard deed transfer applies
• ⚠️ Yes — co-op board approval required for transfer; contact board early

7. Do either of you have NYC public employee pensions (NYCERS, TRS, Police, Fire)?

• ✅ No — standard QDRO process applies
• ⚠️ Yes — contact the specific pension system before finalizing your Stipulation; each has unique requirements

8. Do either of you have significant pre-marital assets with appreciation during the marriage?

• ✅ No — simpler
• ⚠️ Yes — active vs. passive appreciation distinction can be complex; consider attorney consultation for this piece

9. Has either spouse hired an attorney?

• ✅ No — level playing field
• ❌ Yes — consider hiring one yourself

Section 4 — Safety

10. Is there any history of domestic violence?

• ✅ No — proceed normally
• ❌ Yes — call the National DV Hotline (1-800-799-7233). New York has strong protective provisions. An attorney can help you access them safely.

Your Results

Strong DIY Candidate

Agreed on everything + no complex assets + use nycourts.gov/courthelp + complete packet carefully = ready to proceed.

One critical tip: New York has more forms and procedural requirements than most states. Read the UD packet instructions thoroughly before starting. Incomplete packets are the #1 cause of delays.

Good DIY With Some Help

• NYC co-op — research board requirements
• Public employee pensions — contact pension system before MSA
• Forms feel overwhelming — use Online Divorce or 3StepDivorce
• Upstate filer with simple case — you're in great shape, just follow the instructions carefully

Consider an Attorney

• Disagreement on child custody
• History of domestic violence
• Significant pre-marital assets with complex appreciation
• NYC co-op with complicated board situation
• Public employee pensions with complex division
• Spouse has hired an attorney

New York's Best Free Resources

• nycourts.gov/courthelp — Official free UD packet and instructions (best starting point)
• lawhelpny.org — Free legal aid for qualifying New Yorkers
• Your county's Supreme Court Self-Help Center — in-person or phone help in many counties

New York Document Services

• Online Divorce — onlinedivorce.com
• 3StepDivorce — 3stepdivorce.com
• LegalZoom — legalzoom.com

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.