How to File for Divorce in New York Without a Lawyer
Complete step-by-step guide to filing for divorce in New York without an attorney. Save thousands in legal fees.
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
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.
- Most flexible: 2-year continuous residency
- Marriage certificate if using 1-year option
File Summons and Complaint
Prepare and file Uncontested Divorce Packet with Supreme Court.
- Use official NY court forms
- Filing fee varies by county ($210-335)
- Must include verified complaint
Serve Your Spouse
Serve spouse with summons, complaint, and other documents.
- Cannot serve spouse yourself
- Process server required
- Spouse can sign affidavit of service instead
File Proof of Service
File affidavit of service with court within 120 days.
- Must be filed before proceeding
- Use Form UD-3
Submit Settlement Agreement
File comprehensive settlement agreement addressing all issues.
- Must address property, debts, support
- Both parties sign before notary
- Include child support worksheet if applicable
File Request for Judicial Intervention (RJI)
Submit Form UD-9 to get case assigned to judge.
- $95 fee in most counties
- Required to move case forward
Submit Judgment Package
File proposed Judgment of Divorce and all required forms.
- Use Form UD-10 (proposed judgment)
- Include all financial statements
- Some counties require affirmation
Receive Final Judgment
Judge reviews and signs Judgment of Divorce.
- No hearing usually required for uncontested
- Request certified copies
- Divorce final when signed
Required Forms for New York Divorce
Summons (Uncontested) (UD-1)
RequiredVerified Complaint (UD-2)
RequiredSettlement Agreement (UD-6 or custom)
RequiredSworn Statement of Removal of Barriers to Remarriage (UD-4)
RequiredJudgment of Divorce (UD-10)
RequiredNote: 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
- Filing fee: $210-335
- Service fee: $50-100
- Misc costs: $25-$100
👔 With Attorney
Includes attorney fees, court costs, and filing fees for uncontested to contested cases
For detailed cost breakdown including attorney fees and scenarios: View New York Divorce Costs →
Common Pitfalls to Avoid
Not filing RJI (case won't progress)
Incomplete settlement agreement
Not addressing NYC-specific rules
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.