Divorce cost · NY
Cost of divorce in New York
Divorce in New York is a Supreme Court action, and its fees come in stages under the Civil Practice Law and Rules rather than as one filing charge.
Rules read on official New York pages on · Checked by Radif Partners · How we calculate
- Filing fee
- $210
- statewide
- Response fee
- None
- Waiting period
- None
- Fees read on
- October 8, 2026
An uncontested divorce in New York costs at least $335 in court fees, the figure the court system itself publishes: $210 to buy an index number when the summons is filed, $95 for the request for judicial intervention that puts the case before a judge, and $30 for the note of issue, all set by CPLR article 80. These rates are the same in every county because the state Supreme Court, not a county clerk, sets them. The defendant spouse pays nothing to respond. Contested cases add $45 for each motion or cross-motion, and a stipulation of settlement filed later costs $35. There is no waiting period after filing, but the no-fault ground needs a marriage broken down for at least six months, sworn to by one spouse. Residency runs from one to two years, and poor person's relief under CPLR 1101 can remove the fees.
Estimated cost of a divorce in New York
$210
of which $210 in court fees
| Court filing fee (petition) | $210 |
Low income? Court fees can be waived in New York: Poor person's relief (CPLR 1101): notice of motion with sworn affidavit; no official statewide form (sample Supreme Court form provided).
Court fees are the official New York amounts; attorney, mediation and service costs are the figures you enter. How this is calculated.
Three payments instead of one
New York does not sell a divorce in one transaction. The plaintiff pays $210 for the index number when the summons is filed with the county clerk. Nothing more is owed until someone asks a judge to act: the request for judicial intervention costs $95, and the note of issue, which tells the court the case is ready for judgment, costs $30. Together that is $335, the floor the court system states for an uncontested divorce. Where no RJI is filed, the note of issue alone is charged at a higher rate set in the same section, as the court's fee page lists.
Fees climb in a contested case because each motion and cross-motion is billed. A case with 2 motions on temporary maintenance and custody adds $90. The defendant who only answers pays nothing.
Residency in tiers
Domestic Relations Law § 230 is more demanding than most states. Residency of 2 continuous years before filing for either spouse, or 1 year if the couple married in New York, lived in New York as spouses, or the grounds arose in New York; or both residents when the grounds arose in New York (Dom. Rel. Law § 230). A couple married elsewhere who moved to Buffalo last year, and whose marriage broke down after the move, can usually rely on the one-year tier because the grounds arose in New York; a spouse who just arrived alone needs two years.
No clock, but six months of breakdown
No statutory waiting period after filing. The no-fault ground requires that the relationship has broken down irretrievably for at least six months, stated under oath (Dom. Rel. Law § 170(7)). That six-month condition looks backward, to the state of the marriage before filing, rather than forward from the summons. Once the papers are complete, an uncontested judgment is signed when the judge reaches it, which depends on the county. The uncontested divorce forms packet is free to download, and the clerk charges only the fees above to file it.
A sample bill
Assume a Manhattan couple settles, and one spouse pays a matrimonial lawyer $400 an hour for 8 hours to draft the settlement and judgment; replace those invented numbers with a real quote. The calculator puts the index number at $210; with the RJI and note of issue the court's share reaches $335, and the whole bill about $3,535. Maintenance follows the statutory formula on the New York alimony page, and child support the CSSA percentages on the New York child support page. Close by, a New Jersey divorce is filed in the Family Division with a single fee.
The New York fees and rules this calculator applies
| Court fee | New York |
|---|---|
| Petition for divorce | $210 |
| Response or answer | no fee |
| Request for judicial intervention (CPLR § 8020(a)) | $95 |
| Note of issue (CPLR § 8020(a)); $125 where no RJI is required | $30 |
| Motion or cross-motion (CPLR § 8020(a)) | $45 |
| Stipulation of settlement (CPLR § 8020(d)) | $35 |
| Minimum total court fees for an uncontested divorce (court system statement) | $335 |
Filing fee. Supreme Court index number: $210 (CPLR § 8018(a)(1)(i), (3)). The court system states that an uncontested divorce costs at least $335 in court filing fees (index number $210 + request for judicial intervention $95 + note of issue $30, CPLR § 8020(a)). A party who did not start the case pays no filing fee. source
Fee waiver. Poor person's relief (CPLR 1101): notice of motion with sworn affidavit; no official statewide form (sample Supreme Court form provided). source
Residency. Residency of 2 continuous years before filing for either spouse, or 1 year if the couple married in New York, lived in New York as spouses, or the grounds arose in New York; or both residents when the grounds arose in New York (Dom. Rel. Law § 230). source
Waiting period. No statutory waiting period after filing. The no-fault ground requires that the relationship has broken down irretrievably for at least six months, stated under oath (Dom. Rel. Law § 170(7)). source
Simplified procedure. No summary dissolution statute; the court system publishes an uncontested divorce forms packet for agreed cases. source
Parenting class. No statewide mandatory parenting class was found in the statutes read.