New York Divorce FAQ — 35 Most Common Questions Answered (2026)

Basics

Can I file for divorce in New York without a lawyer? Yes. New York's Unified Court System provides a free Uncontested Divorce Packet at nycourts.gov/courthelp specifically designed for DIY filers.

Why does New York divorce get filed in "Supreme Court"? In New York's unusual court structure, the Supreme Court is a trial-level court — not the highest court. Every county has a Supreme Court, and that's where divorces are filed. The Court of Appeals is New York's highest court.

Does New York have a waiting period? No mandatory waiting period. Processing takes several months in practice — especially in NYC — but there's no legal minimum.

What are New York's residency requirements? You need 2 years of NY residency, OR 1 year if you were married in NY, lived here as a couple, or the grounds occurred here, OR both spouses currently live in NY and grounds occurred here.

What are grounds for divorce in New York? No-fault irretrievable breakdown (used in virtually all cases) plus fault grounds (cruel treatment, abandonment, adultery, imprisonment, separation). Use irretrievable breakdown for DIY divorces.

Timeline

How long does a New York divorce take? No mandatory waiting period, but court processing means: upstate 4–8 weeks for simple uncontested cases; NYC 3–6 months for uncontested cases.

Why does it take so long in NYC? Court caseloads. NYC's Matrimonial courts process thousands of cases. There's no legal delay — just administrative processing time.

Can I speed things up? File a complete, error-free packet on the first submission. This is the single most impactful thing you can do. Consider filing in an upstate county if you qualify.

Forms and Procedure

Where do I get New York divorce forms? Free at nycourts.gov/courthelp — the official Uncontested Divorce Packet.

What is the UD-4 form? The Sworn Statement of Removal of Barriers to Remarriage. Required if your marriage was solemnized in a religious ceremony. Addresses religious barriers (like a Jewish "get") to the other spouse's remarriage.

How much does it cost? $210 index number fee + $30–$95 Note of Issue fee = $335 minimum. Among the lowest minimums of any major state.

Do I have to go to court? Usually no. Most uncontested NY divorces are processed "on the papers" — the judge reviews in chambers and mails back the signed Judgment.

What is the Statement of Net Worth? A comprehensive financial disclosure form both parties must complete and exchange. Can be waived by written agreement in uncontested cases.

What is the difference between the County Clerk and the Matrimonial Clerk? County Clerk: where you pay the index number fee and file your initiating documents. Matrimonial Clerk: where you submit your complete divorce packet for processing. Different offices.

Property

Is New York a community property state? No. New York is an equitable distribution state — property is divided fairly, not automatically 50/50.

What is the Majauskas formula? The New York standard for dividing defined benefit pension plans. Calculates the marital share based on the ratio of years of service during the marriage to total years of service.

What about NYC co-op apartments? Co-op transfers require board approval and are more complex than a simple deed transfer. Contact your co-op board early in the process to understand their requirements.

Does New York have a real property transfer tax for divorces? New York has a transfer tax, but transfers pursuant to divorce are generally exempt. NYC has additional transfer taxes, also generally exempt for divorce transfers.

Children

Does New York favor mothers in custody? No. New York courts apply the best interest of the child standard without gender preference.

Can my child choose which parent to live with? New York courts consider the child's preference based on age and maturity. There is no binding age-based election rule — it's one factor among many.

How is child support calculated? New York uses the CSSA formula: combined parental income × percentage (17% for 1 child, 25% for 2, etc.) up to the income cap ($163,000 combined as of 2025). Each parent pays their proportional share.

What is the CSSA income cap? $163,000 of combined parental income as of 2025. For income above the cap, courts have discretion.

After Divorce

How do I change my name in New York? Your Judgment can include a name restoration. Take certified copies to the Social Security Administration first, then NY DMV for your driver's license.

What if my ex violates the Judgment? File a motion to enforce with the Supreme Court. For child support specifically, the Support Collection Unit (SCU) can assist with enforcement.

Last reviewed: March 2026

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