Overview: Filing for Divorce in New York Without a Lawyer

New York allows no-fault divorce based on irretrievable breakdown for 6+ months. The state has specific requirements for service and financial disclosure. DIY divorce is possible but New York's procedures are more complex than many states.

Can You File Without a Lawyer in New York?

✓ Good Candidates for DIY Divorce:

  • Both agree divorce and all terms
  • No children under 21 or agreement on custody/support
  • Agreement on property division
  • No spousal maintenance disputes
  • Both financially transparent

⚠ Consider Hiring a Lawyer If:

  • Custody or support disputes
  • Complex marital property (businesses, multiple properties)
  • Retirement accounts or pensions
  • Spouse contests divorce
  • Domestic violence issues

Step-by-Step: How to File for Divorce in New York

Step 1

Meet Residency Requirement

You or spouse must have lived in NY for 2 years, OR married in NY and lived here 1 year, OR grounds arose in NY and lived here 1 year.

⏱ Estimated Time: N/A
💡 Tips:
  • Most flexible: 2-year continuous residency
  • Marriage certificate if using 1-year option
Step 2

File Summons and Complaint

Prepare and file Uncontested Divorce Packet with Supreme Court.

⏱ Estimated Time: 3-5 hours
💡 Tips:
  • Use official NY court forms
  • Filing fee varies by county ($210-335)
  • Must include verified complaint
Step 3

Serve Your Spouse

Serve spouse with summons, complaint, and other documents.

⏱ Estimated Time: 1-2 weeks
💡 Tips:
  • Cannot serve spouse yourself
  • Process server required
  • Spouse can sign affidavit of service instead
Step 4

File Proof of Service

File affidavit of service with court within 120 days.

⏱ Estimated Time: 1 week
💡 Tips:
  • Must be filed before proceeding
  • Use Form UD-3
Step 5

Submit Settlement Agreement

File comprehensive settlement agreement addressing all issues.

⏱ Estimated Time: 3-6 hours
💡 Tips:
  • Must address property, debts, support
  • Both parties sign before notary
  • Include child support worksheet if applicable
Step 6

File Request for Judicial Intervention (RJI)

Submit Form UD-9 to get case assigned to judge.

⏱ Estimated Time: 1 hour
💡 Tips:
  • $95 fee in most counties
  • Required to move case forward
Step 7

Submit Judgment Package

File proposed Judgment of Divorce and all required forms.

⏱ Estimated Time: 2-4 hours
💡 Tips:
  • Use Form UD-10 (proposed judgment)
  • Include all financial statements
  • Some counties require affirmation
Step 8

Receive Final Judgment

Judge reviews and signs Judgment of Divorce.

⏱ Estimated Time: 2-8 weeks
💡 Tips:
  • No hearing usually required for uncontested
  • Request certified copies
  • Divorce final when signed

Required Forms for New York Divorce

Summons (Uncontested) (UD-1)

Required

Verified Complaint (UD-2)

Required

Settlement Agreement (UD-6 or custom)

Required

Sworn Statement of Removal of Barriers to Remarriage (UD-4)

Required

Judgment of Divorce (UD-10)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for New York DIY Divorce

💰 DIY Divorce

$355-535
  • Filing fee: $210-335
  • Service fee: $50-100
  • Misc costs: $25-$100

👔 With Attorney

$5,000-25,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not filing RJI (case won't progress)

2

Incomplete settlement agreement

3

Not addressing NYC-specific rules

4

Missing required financial affidavits

Frequently Asked Questions About New York DIY Divorce

Can I file for divorce without a lawyer in New York?

Yes, but New York has more complex procedures than many states. The court system provides an Uncontested Divorce Packet with all required forms and instructions.

How long does a New York divorce take?

Uncontested divorces typically take 3-6 months in New York. There's no mandatory waiting period, but court processing and review takes time.

What is the RJI and why do I need it?

The Request for Judicial Intervention (RJI) is required to get your case assigned to a judge. Without filing the RJI ($95 fee), your case won't progress to judgment.

Need Professional Help?

While DIY divorce can save money in New York, consulting with an attorney can help you understand your rights and avoid costly mistakes.