Divorce Made Easier.

Deciding that you want a divorce is one decision.

Figuring out how to move from that decision to a legally completed divorce involves several more: finances, housing, children, property, support, paperwork, and the level of professional help you need.

You do not need to solve everything on the first day.

But taking the first steps in the right order can make the process clearer, more efficient, and less expensive.

YOUR FIRST 5 STEPS WHEN YOU WANT A DIVORCE

STEP 1 — THINK ABOUT WHAT LIFE SHOULD LOOK LIKE AFTER DIVORCE

Before focusing on forms, take some time to identify the issues that will actually need to be resolved.

Ask yourself:

• Where will each spouse live?

• What should happen to the home?

• How should bank and investment accounts be divided?

• Are there retirement accounts?

• Is maintenance potentially an issue?

• If there are children, what parenting arrangement is realistic?

• How should child-related expenses be handled?

• Are there debts that need to be allocated?

You do not need final answers.

The purpose is to understand the structure of the decisions ahead.

STEP 2 — UNDERSTAND YOUR FINANCIAL PICTURE

Gather financial information before documents disappear, accounts change, or memories become less reliable.

Useful records may include:

• Recent tax returns

• Pay stubs

• Bank statements

• Brokerage statements

• Retirement-account statements

• Mortgage statements

• Credit-card balances

• Loan information

• Real-estate records

• Business information

• Insurance information

• Records concerning significant assets or debts

If you believe an asset is separate property, preserve documentation showing its history.

Examples may include:

• Premarital account statements

• Inheritance records

• Gift documentation

• Tracing records

Even in a cooperative divorce, having complete financial information makes settlement drafting easier.

STEP 3 — DECIDE HOW AND WHEN TO SPEAK WITH YOUR SPOUSE

If your spouse does not yet know you want a divorce, you may choose to have that conversation before filing.

But New York law does not require you to tell your spouse informally before commencing a divorce action.

There are circumstances where filing first may be appropriate.

That can be especially important where there are concerns involving:

• Domestic violence

• Child safety

• Dissipation of assets

• Hidden money

• Removal of children

• International travel

• A need for temporary court relief

For an ordinary cooperative divorce, however, a calm conversation before the legal process begins may help determine whether the case can remain uncontested.

STEP 4 — CHOOSE THE RIGHT DIVORCE PROCESS

Not every New York divorce requires the same level of legal intervention.

Your options may include:

• An uncontested divorce

• Negotiation

• Mediation

• Collaborative divorce

• Attorney-assisted settlement

• Contested litigation

The right path depends on how much is already agreed and how complicated the unresolved issues are.

STEP 5 — COMMENCE THE NEW YORK DIVORCE

A New York divorce is commenced in Supreme Court.

The spouse who starts the action is the Plaintiff.

The other spouse is the Defendant.

The process generally begins by filing the appropriate commencement documents and purchasing an index number.

The basic index-number fee is generally $210.

For an uncontested divorce, total basic filing fees are generally at least $335, with additional expenses possible depending on the case.

YOUR NEW YORK DIVORCE OPTIONS

The best process is usually the one that matches the actual level of disagreement.

UNCONTESTED DIVORCE

A divorce is uncontested when the spouses have resolved the issues necessary for the court to grant the divorce.

Depending on the case, that may include agreement concerning:

• Property

• Debt

• Maintenance

• Custody

• Parenting time

• Child support

• Health insurance

• Child-care expenses

• Other financial or parenting terms

An uncontested divorce can still involve:

• A home

• Retirement accounts

• Children

• Maintenance

• Significant assets

The important issue is agreement, not simply whether the marriage is financially simple.

BEST FOR

Couples who have resolved—or are capable of resolving—the necessary issues and do not need a judge to decide disputes between them.

DOES AN UNCONTESTED DIVORCE REQUIRE A COURT APPEARANCE?

Not necessarily.

Many routine uncontested New York divorces can be submitted for judicial review on papers without a contested courtroom hearing.

But the divorce is still granted by the New York Supreme Court.

An “online divorce” does not happen outside the court system.

MEDIATION

Mediation uses a neutral mediator to help the spouses work toward agreement.

The mediator does not:

• Represent either spouse

• Decide who is right

• Impose a settlement

• Replace the judge

Mediation may be useful when the spouses agree on many issues but need help resolving others.

Possible mediation topics include:

• Property division

• Maintenance

• Parenting schedules

• Child-related expenses

• Sale of a home

• Retirement allocation

Once agreement is reached, the terms still need to be properly documented and incorporated into the divorce process.

BEST FOR

Couples who have disagreements but are willing and able to negotiate in good faith.

Mediation may not be appropriate in every case, particularly where there are serious concerns involving coercion, safety, hidden assets, or an extreme imbalance in access to information.

COLLABORATIVE DIVORCE

Collaborative divorce is another settlement-oriented process.

Each spouse generally has their own collaboratively trained attorney, and the parties commit to attempting to resolve the divorce without contested litigation.

Depending on the case, other professionals may participate.

Collaborative divorce can be useful where the matter is too complex for a paperwork-only process but both spouses remain committed to settlement.

ATTORNEY-ASSISTED NEGOTIATION

Some couples do not need a formal collaborative process or mediation.

Instead, attorneys may negotiate specific unresolved issues and then prepare a comprehensive settlement agreement.

This can be particularly useful when most of the divorce is agreed but one or two significant questions remain.

CONTESTED DIVORCE

A divorce becomes contested when the spouses cannot resolve one or more issues requiring determination.

That might involve:

• Property

• Maintenance

• Custody

• Parenting time

• Child support

• Business interests

• Hidden assets

• Valuation

• Relocation

A contested matter may require:

• Financial disclosure

• Discovery

• Court conferences

• Motion practice

• Depositions

• Expert analysis

• Hearings

• Trial

Not every contested divorce goes to trial.

Many cases begin contested and later settle.

WHAT DOES A NEW YORK DIVORCE COST?

There is no useful universal “average” divorce cost.

The amount depends primarily on the scope of work required.

COURT FEES

For a basic New York uncontested divorce, court filing fees are generally at least:

$335 total

This generally includes the $210 index number and later standard uncontested filing fees.

Additional expenses may apply for:

• Settlement-agreement filing

• Process service

• Certified copies

• QDROs

• Motions

• Other third-party services

EXPRESS DIVORCE OPTIONS

For qualifying New York uncontested divorces:

Express Divorce — $799

Personalized New York uncontested-divorce documents for users who plan to handle filing themselves.

Express Divorce Plus — $1,999

Adds filing assistance, signature coordination, support, and status tracking.

Attorney Review — $2,999

For qualifying uncontested divorces without minor children where attorney review is desired.

Family Package — $4,999

For qualifying uncontested divorces involving children.

Full Attorney-Led Uncontested Divorce — $7,999

For qualifying clients who want broader attorney oversight throughout the uncontested process.

Court fees and third-party expenses are separate unless expressly included.

WHAT MAKES DIVORCE MORE EXPENSIVE?

The largest cost drivers are generally complexity and unresolved conflict.

Costs can increase where the case requires:

• Repeated attorney negotiation

• Extensive discovery

• Motion practice

• Business valuation

• Real-estate appraisal

• Custody litigation

• Expert testimony

• Depositions

• Trial

The more issues the spouses can resolve without litigation, the more predictable the cost generally becomes.

WHAT IF MY SPOUSE DOES NOT WANT A DIVORCE?

Your spouse does not have to agree that the marriage should end before you can seek a divorce in New York.

New York permits no-fault divorce based on the irretrievable breakdown of the marital relationship for at least six months.

But your spouse’s lack of cooperation can affect how the case proceeds.

IF YOUR SPOUSE WILL NOT SIGN

Refusing to sign voluntary uncontested papers does not necessarily prevent the divorce.

Formal service may be required.

What happens next depends on whether the Defendant:

• Defaults

• Appears

• Contests financial issues

• Contests custody

• Raises procedural defenses

DEFAULT DIVORCE

If the Defendant is properly served and fails to appear or respond as required, a default procedure may be available.

But default does not mean:

“The Plaintiff automatically gets everything requested.”

The Plaintiff still must establish entitlement to the relief sought and submit legally sufficient papers.

WHAT YOUR SPOUSE CAN DISPUTE

A spouse may dispute matters such as:

• Property division

• Maintenance

• Custody

• Parenting time

• Child support

• Asset valuation

• Debt allocation

Those disputes can make the case contested.

WHAT YOUR SPOUSE GENERALLY CANNOT DO

A spouse cannot ordinarily keep the other spouse married forever simply by saying:

“I refuse to divorce.”

The financial and parenting issues may still have to be resolved before judgment, but one spouse’s objection to the breakup itself does not create a permanent veto.

WHAT IF I CANNOT AFFORD A DIVORCE?

There are several possible levels of assistance in New York.

SELF-REPRESENTATION

New York allows individuals to represent themselves.

New York Courts provides uncontested-divorce forms and, for qualifying cases, DIY resources.

Self-representation may be realistic where:

• The case is truly uncontested

• The issues are straightforward

• The user understands the paperwork

• No legal advice is needed

FEE WAIVERS

A person who cannot afford court filing fees may be able to apply for permission to proceed as a poor person and seek waiver of qualifying court costs.

Court approval is required.

LEGAL SERVICES AND PRO BONO ASSISTANCE

Depending on income, location, and the nature of the case, free or reduced-cost legal assistance may be available through:

• Legal-services organizations

• Bar-association programs

• Court help centers

• Pro bono programs

Availability varies.

ATTORNEY-FEE CONTRIBUTIONS

In a New York matrimonial action, the court may in appropriate circumstances direct one spouse to contribute toward the other’s attorney fees.

New York law includes a preference intended to help the less-monied spouse obtain meaningful access to representation.

That does not mean an award is automatic or that every legal bill will be paid by the other spouse.

DIVORCE WITH CHILDREN

Having children does not prevent a divorce from being uncontested.

But additional issues must be resolved.

Those generally include:

• Legal custody

• Residential arrangements

• Parenting time

• Child support

• Health insurance

• Child-care expenses

• Unreimbursed medical expenses

• Other appropriate child-related terms

LEGAL CUSTODY

Legal custody concerns responsibility for major decisions affecting the child.

Those may include decisions concerning:

• Education

• Medical care

• Mental-health treatment

• Religious upbringing

• Other significant matters

Legal custody may be:

• Joint

• Sole

• Structured in another agreed manner

New York does not have a rule that most divorces automatically result in joint legal custody.

The arrangement depends on the best interests of the child and, in an uncontested matter, the parents’ agreement subject to court approval.

RESIDENTIAL CUSTODY AND PARENTING TIME

New York commonly uses concepts such as residential custody and parenting time rather than relying only on the generic phrase “physical custody.”

A parenting arrangement may include:

• Weekdays

• Weekends

• Holidays

• School breaks

• Summer

• Vacations

• Transportation

• Exchanges

• Travel

There is no automatic requirement of 50/50 parenting time.

THE BEST INTERESTS OF THE CHILD

If parents cannot agree, New York courts decide custody based on the child’s best interests.

The analysis can include factors such as:

• Each parent’s relationship with the child

• Parenting history

• Stability

• Ability to meet the child’s needs

• Ability to support an appropriate relationship with the other parent

• Domestic violence

• Safety

• The child’s preferences depending on age and maturity

• Other circumstances affecting the child

There is no single formula.

CHILDREN DO NOT AUTOMATICALLY REQUIRE A CUSTODY TRIAL

If both parents agree on:

• Legal custody

• Residential arrangements

• Parenting time

• Holidays

• Child support

• Related issues

the divorce can remain uncontested.

The parenting provisions simply need to be documented properly.

CHILD SUPPORT IN NEW YORK

New York uses the Child Support Standards Act (CSSA).

The statutory percentages for basic child support are:

• 1 child — 17%

• 2 children — 25%

• 3 children — 29%

• 4 children — 31%

• 5 or more children — no less than 35%

The calculation generally begins with parental income, combines the applicable income, applies the statutory percentage, and allocates the obligation according to the parents’ respective incomes, subject to New York’s rules concerning the statutory income cap and other considerations.

Additional child-related expenses may also need to be addressed.

SHARED PARENTING DOES NOT AUTOMATICALLY MEAN ZERO CHILD SUPPORT

A 50/50 parenting schedule does not necessarily eliminate child support in New York.

Income differences and the CSSA framework still matter.

This is an important issue to calculate correctly before finalizing an uncontested agreement.

MEDIATION AND CHILDREN

Mediation can be useful when parents agree that they want to remain cooperative but need assistance developing a parenting plan.

Potential topics include:

• Weekly schedule

• Holidays

• Vacations

• Decision-making

• Transportation

• Communication

• Child-related expenses

The mediator helps the parents negotiate.

The mediator does not decide custody.

THE RIGHT DIVORCE PROCESS IS NOT ALWAYS THE ONE WITH THE LEAST LAWYERING

Some cases genuinely require sophisticated legal analysis.

Others do not.

A straightforward agreed divorce should not automatically become full-scale litigation.

At the same time, a case involving:

• Hidden assets

• Domestic violence

• Contested custody

• Business ownership

• International jurisdiction

• Significant retirement interests

• Complex maintenance issues

may require more than online paperwork.

Simple when it can be. Experienced when it needs to be.

THE BOTTOM LINE

If you want a divorce in New York, you do not need to understand the entire legal system before taking the first step.

Start with the fundamentals:

Understand your finances.

Think through your priorities.

Determine what you and your spouse can agree on.

Choose the appropriate level of help.

Then begin the New York legal process correctly.

The goal is not simply to file for divorce. It is to choose the process that gets you from married to legally and financially separated with the least unnecessary complexity.

START YOUR NEW YORK DIVORCE

NEW YORK DIVORCE REQUIREMENTS

Divorce law is state law, so the rules that matter here are New York’s.

For a New York divorce, the core legal requirements include:

• Residency and jurisdiction

• A legally recognized ground for divorce

• Proper commencement of the action

• Service or Defendant participation

• Resolution of required financial and parenting issues

• Submission of the final papers to New York Supreme Court

NEW YORK RESIDENCY REQUIREMENTS

New York does not use a single residency rule for every divorce.

Domestic Relations Law § 230 provides several possible jurisdictional pathways.

Depending on the facts, the applicable requirement may depend on:

• Where the parties were married

• Whether they lived in New York as spouses

• Whether the cause of action arose in New York

• Whether both spouses are New York residents

• How long one or both spouses have lived in New York

Some cases involve a one-year residency pathway.

Others require two years of continuous New York residency.

Before filing, confirm that New York has jurisdiction over the divorce.

DOES NEW YORK HAVE A WAITING PERIOD?

New York does not impose a universal post-filing waiting period such as 30, 60, 90, or 180 days.

That does not mean the divorce is immediate.

The case still requires:

• Proper filing

• Service or Defendant participation

• Complete documents

• Resolution of all necessary issues

• Court review

• Entry of the Judgment of Divorce

NEW YORK’S NO-FAULT GROUND

New York permits divorce where the marital relationship has broken down irretrievably for at least six months.

This is the state’s principal no-fault ground.

The six-month requirement is not a six-month waiting period after filing.

FAULT GROUNDS STILL EXIST

New York also retains traditional statutory grounds such as:

• Cruel and inhuman treatment

• Abandonment

• Imprisonment

• Adultery

• Living separate and apart under qualifying circumstances

Most uncontested cases do not require proving fault.

PROPERTY DIVISION IN NEW YORK

New York is an equitable distribution state.

That means marital property is divided equitably—not automatically 50/50.

The court may consider statutory factors when dividing marital property.

For an uncontested divorce, spouses can negotiate their own property division and incorporate it into a settlement agreement, subject to legal requirements.

MARITAL PROPERTY VS. SEPARATE PROPERTY

Marital property generally includes property acquired during the marriage and before commencement of the matrimonial action, subject to statutory exceptions.

Separate property may include:

• Property owned before marriage

• Inheritances

• Certain gifts from third parties

• Certain personal-injury compensation

• Property designated as separate by valid agreement

• Certain appreciation of separate property

Commingling and tracing can complicate classification.

HOW EXPRESS DIVORCE HELPS

Express Divorce is designed for qualifying New York uncontested divorces.

The service is structured around the level of help you actually need.

PAPERWORK ONLY — EXPRESS DIVORCE — $799

For users who want personalized New York uncontested-divorce documents and plan to handle the filing themselves.

Includes:

• Guided online questionnaire

• Personalized New York uncontested-divorce documents

• Filing instructions

• Downloadable forms

This option does not include legal advice.

WE FILE FOR YOU — EXPRESS DIVORCE PLUS — $1,999

For users who want help preparing, coordinating, and filing the uncontested divorce.

Includes:

• Guided questionnaire

• Personalized documents

• Paralegal and case support

• Filing assistance

• Signature coordination

• Status tracking

• Secure client portal

ATTORNEY REVIEW — $2,999

For qualifying uncontested divorces without minor children where attorney review is desired.

Includes the Express Divorce Plus services together with:

• Attorney review

• Settlement-agreement review

• Legal issue spotting

• Filing-strategy review

• One attorney consultation

FAMILY PACKAGE — $4,999

For qualifying uncontested divorces involving children.

Includes:

• Document preparation

• Filing assistance

• Parenting-plan review

• Child-support review

• Settlement-agreement review

• Attorney consultation

• Filing strategy

• Signature coordination

FULL ATTORNEY-LED UNCONTESTED DIVORCE — $7,999

For qualifying clients who want attorney oversight throughout the uncontested process.

May include:

• Attorney consultation and review

• Preparation or review of divorce documents

• Settlement drafting or review

• Parenting and support provisions where applicable

• Filing strategy

• Court-filing coordination

• Routine court correspondence

• Signature coordination

• Attorney oversight through final judgment

Court filing fees, contested proceedings, experts, process servers, extraordinary requirements, and other third-party expenses are separate unless expressly included.

WHICH OPTION IS RIGHT FOR YOU?

Paperwork Support May Be Enough If

• The divorce is fully uncontested

• The finances are straightforward

• There are no significant legal questions

• You are comfortable handling filing yourself

Filing Assistance May Be Better If

• You want help keeping the process organized

• You want assistance with signatures and filing

• You prefer not to manage the court paperwork yourself

Attorney Review May Be Appropriate If

• You have real estate

• Retirement assets

• Maintenance questions

• Significant income disparity

• A detailed settlement agreement

• Legal questions about your rights

Full Attorney Representation May Be Appropriate If

There is:

• Contested custody

• Domestic violence

• Hidden assets

• Business ownership

• Significant litigation

• Complex property

• Interstate or international issues

• Emergency relief

• A spouse aggressively contesting the case

FREQUENTLY ASKED QUESTIONS

How Do I Start a Divorce in New York?

A New York divorce is commenced in Supreme Court.

The spouse who files is the Plaintiff.

The other spouse is the Defendant.

The action generally begins by filing the appropriate commencement papers and purchasing an index number.

The initial index-number fee is generally $210.

Is the First Document Called a “Petition for Divorce”?

Not in the standard New York Supreme Court divorce process.

New York commonly uses:

• Summons With Notice

• Summons and Verified Complaint

The exact commencement documents depend on the case.

How Long Does a New York Divorce Take?

There is no guaranteed timeline.

An uncontested divorce may proceed efficiently once:

• The parties are in agreement

• The documents are complete

• Service or Defendant participation is addressed

• The final papers are submitted

Court processing time varies by county and case.

A contested divorce can take much longer.

Do I Need a Lawyer?

Not necessarily.

New York allows self-representation.

A lawyer may be especially useful where the case involves:

• Complex assets

• A business

• Retirement interests

• Maintenance

• Contested custody

• Hidden income

• International issues

• Domestic violence

• Significant disagreement

The right question is not simply whether you “need a lawyer.”

It is how much legal support your case requires.

What Happens to the House?

There is no single outcome.

Possible arrangements include:

• One spouse keeps the home and buys out the other’s interest

• The home is sold and proceeds are divided

• One spouse remains temporarily before a later sale

• The house is offset against other assets

The appropriate structure depends on:

• Equity

• Mortgage

• Income

• Children

• Tax consequences

• Other marital assets

Can I Date While the Divorce Is Pending?

Dating is not automatically prohibited in New York.

But the relationship may become relevant if it affects:

• The children

• Marital spending

• Maintenance

• Cohabitation

• Compliance with court orders

• Settlement dynamics

Dating itself should not automatically be described as statutory adultery.

What Is a No-Fault Divorce?

In New York, the principal no-fault ground is that the marital relationship has broken down irretrievably for at least six months.

You do not have to prove that your spouse caused the marriage to fail.

Can My Spouse Take Everything?

No.

New York uses equitable distribution.

The court distinguishes between marital property and separate property and distributes marital property under the statutory framework.

Neither spouse automatically receives everything.

Is Separate Property Always Protected?

Not necessarily.

Separate property can become complicated where there has been:

• Commingling

• Retitling

• Use of marital funds

• Active appreciation

• Inadequate tracing

If classification is disputed, legal review may be appropriate.

What if My Spouse Is Hiding Assets?

A contested divorce can use discovery to obtain financial information.

Potential tools may include:

• Document demands

• Interrogatories where applicable

• Depositions

• Subpoenas

• Business records

• Bank records

• Expert financial analysis

Forensic accountants may be useful in complex cases.

If hidden assets are a serious concern, a simple uncontested service may not be appropriate.

Can My Spouse Refuse to Divorce Me?

Your spouse can contest issues.

They can delay cooperation.

They can refuse to sign voluntary papers.

But they generally cannot prevent a divorce indefinitely merely because they do not want the marriage to end.

Formal service and contested procedures may be required.

Can I Still Have an Uncontested Divorce if We Have Children?

Yes.

A divorce involving children can still be uncontested if the parents agree on:

• Legal custody

• Residential arrangements

• Parenting time

• Child support

• Health insurance

• Child-care expenses

• Unreimbursed medical expenses

• Other required child-related terms

What if We Agree on Almost Everything?

You may still be able to preserve an uncontested path by resolving the remaining issues through:

• Direct negotiation

• Mediation

• Attorney-assisted negotiation

A divorce does not have to become full litigation simply because one or two issues remain open.

THE BOTTOM LINE

If you want a divorce in New York, the most important first questions are:

Does New York have jurisdiction?

Are you and your spouse in agreement?

What financial and parenting issues still need to be resolved?

How much professional support does the case actually require?

New York does not require every divorce to become litigation.

For qualifying couples who have reached agreement, Express Divorce provides different levels of support—from document preparation to full attorney-led uncontested representation.

Simple when it can be. Experienced when it needs to be.

START YOUR NEW YORK DIVORCE