New York Divorce Without Children (2026) — File It Yourself
No children means no custody arrangement, no child support, no parenting plan — just ending the marriage and dividing what you own and owe. New York's uncontested divorce process for childless couples is well-documented and very manageable without an attorney.
Disclaimer: General legal information, not legal advice. Consult a New York family law attorney for your specific situation.
New York's Advantage: No Waiting Period
Unlike California (6 months), Texas (60 days), or Florida (20 days), New York has no mandatory waiting period. Once your paperwork is complete and accepted by the court, your divorce can be finalized. In practice, processing takes a few months — but there's no artificial legal delay.
Two Types of Divorce Without Children
Uncontested (both cooperating): Both spouses agree on all terms. One files as plaintiff, the other signs the Affidavit of Defendant (UD-7). The most common path.
Default (spouse unresponsive): Spouse is served but doesn't respond within 20 days. Court proceeds without them.
Residency — Quick Check
Meet at least ONE of these:
- Either spouse is a NY resident for 2 years
- Either spouse is a NY resident for 1 year AND (married in NY, OR lived in NY as a couple, OR grounds occurred in NY)
- Both currently live in NY AND grounds occurred in NY
The Forms You Need
Download the free UD Packet (no children) from nycourts.gov/courthelp.
Key forms:
- UD-1 — Summons With Notice (starts the case)
- UD-2 — Verified Complaint (states grounds and requests)
- UD-4 — Sworn Statement of Removal of Barriers to Remarriage (if religious ceremony)
- UD-6 — Affidavit of Plaintiff (your sworn statement)
- UD-7 — Affidavit of Defendant (spouse's acknowledgment)
- UD-9 — Note of Issue (requests court processing)
- UD-10 — Findings of Fact and Conclusions of Law
- UD-11 — Judgment of Divorce (judge signs this)
Plus your Stipulation of Settlement — the written agreement covering all property, debt, and spousal support.
The Statement of Net Worth
New York requires both parties to complete and exchange a Statement of Net Worth — a comprehensive financial disclosure covering income, expenses, assets, and liabilities. Both parties must exchange this document.
In an agreed uncontested case, both parties can agree in writing to waive this requirement. If you waive it, include the waiver in your Stipulation.
Property Division
New York is an equitable distribution state. Courts divide marital property fairly — not automatically 50/50. In an agreed divorce, you set your own terms.
Stipulation of Settlement — What It Must Cover
Assets:
- Real estate (address, legal description, what happens to it — sale, buyout, or deferred)
- Vehicles (year, make, model, VIN, who keeps, who pays loan)
- Bank and investment accounts (institution, type, last 4 digits)
- Retirement accounts (see QDRO section)
- Business interests (if any)
- Valuable personal property
Debts:
- Mortgage (and refinancing requirement)
- Vehicle loans
- Credit cards (each card by issuer and last 4 digits)
- Student loans and personal loans
Spousal Maintenance: New York uses the term "maintenance" (not alimony). In an agreed divorce, you can waive it entirely or agree to any amount and duration. Include a clear maintenance waiver if neither spouse wants it.
Retirement accounts: New York retirement contributions during the marriage are marital property. Employer plans require a QDRO after the divorce. Don't forget this step.
Step-by-Step: Uncontested NY Divorce Without Children
Step 1
Confirm residency pathway. Download UD packet (no children) from nycourts.gov/courthelp.
Step 2
Complete UD-1 (Summons With Notice) and UD-2 (Verified Complaint).
Step 3
File UD-1 and UD-2 at the County Clerk's office. Pay the $210 index number fee. Receive your index number (case number).
Step 4
Serve your spouse (someone 18+ who is not you). File Affidavit of Service. Or: have spouse sign UD-7 Affidavit of Defendant acknowledging the divorce.
Step 5
Draft Stipulation of Settlement. Both spouses sign and notarize.
Step 6
Complete remaining forms: UD-6, UD-7, UD-9, UD-10, UD-11.
Step 7
Exchange Statements of Net Worth (or execute written waiver).
Step 8
Submit complete packet to the Matrimonial Clerk (Supreme Court clerk). Pay Note of Issue fee (~$30–$95).
Step 9
Court reviews paperwork. Judge signs Judgment of Divorce. No appearance typically required.
Step 10
Receive signed Judgment. Serve Notice of Entry on spouse. File with County Clerk. Get certified copies.
Timeline and Cost
| Scenario | Minimum | Typical |
|---|---|---|
| Agreed, no children, upstate | Days | 4–8 weeks |
| Agreed, no children, NYC | Days | 3–6 months |
| Default | 20+ days | 3–5 months |
| Expense | Cost |
|---|---|
| Index number fee | $210 |
| Note of Issue fee | $30–$95 |
| Process server (if needed) | $50–$150 |
| Certified copies | $5–$10/page |
| Total DIY | $335–$550 |
FAQ
Do I have to appear in court for an uncontested divorce in NY? In most cases, no. New York's uncontested divorce is processed "on the papers" — the judge reviews your documents in chambers and signs the Judgment.
What is the Religious Barriers form (UD-4)? If your marriage was solemnized in a religious ceremony, New York requires you to confirm you've taken steps to remove any religious barriers to your spouse's remarriage. If you were married in a civil ceremony, you don't need this form.
Can we waive the Statement of Net Worth? Yes — if both spouses agree in writing. Include the waiver in your Stipulation of Settlement.
What if we have a prenuptial agreement? Reference it in your Stipulation. Attach a copy if it affects how property is being divided.
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.