How Much Does a Divorce Cost in New York? Court Fees, Waivers and What Drives the Total

Last reviewed: October 17, 2026. This article is general information, not legal advice. New York court fees are set by statute but can change, so check the current amounts with your County Clerk before you file.

If you're asking how much a divorce costs in New York, there's some good news: the court's own fees are set by state law and are the same in every county. What varies is everything else, especially whether you and your spouse agree and whether you hire lawyers. For other states, see our guides to Virginia, California and Florida.

Short answer: The court fees for an uncontested divorce in New York add up to about $335: a $210 index number, a $95 Request for Judicial Intervention and a $30 Note of Issue, plus certified copy charges. A contested case adds $65 if a jury is demanded, and far more in lawyer time. Your spouse must be personally served by an adult who isn't a party; a friend can do it for free. If you can't afford the fees, you can ask the court to waive them.

New York divorce court fees

Divorces in New York are handled by the Supreme Court in each county, and you pay the fees to the County Clerk. The New York State Unified Court System's Uncontested Divorce Instructions (Rev. 3/1/26) list this schedule:

The instructions explain: "$125 is the total fee for the Note of Issue plus the Request for Judicial Intervention. Please check with your county." So for a typical uncontested divorce, plan on about $335 in court fees, plus certified copies. In a contested case, a jury demand costs another $65 under CPLR 8020(c).

Because these fees come from the CPLR, they're the same whether you file in Manhattan, Brooklyn, Buffalo or Albany. County Clerks differ only on things like copy charges and how they handle the RJI and Note of Issue combination.

Residency comes first. Under DRL 230, you can only file in New York if you meet one of its residency routes, such as either spouse having lived in New York continuously for two years before filing, or one year if you married in New York, lived here as a married couple, or the grounds arose here.

Fee waivers for low-income filers

New York calls this a waiver of court costs, fees and expenses. CPLR 1101(a) says the court "may waive the costs, fees, and expenses if such party has insufficient means to pay such costs, fees, and expenses."

The court system's uncontested divorce packet includes three forms for this:

• Order for Waiver of Court Costs, Fees and Expenses (Form D);
• Affirmation in Support of Application for Waiver of Court Costs, Fees, and Expenses (Form E);
• Affirmation of Service of Proposed Order (Form F).

You file them with the County Clerk along with the summons, with proof of income attached such as your W-2 or benefit statement. The instructions warn that you won't get an exemption "merely because your circumstances are difficult", so be ready to show your actual income and expenses. You may also need to serve the papers on the County Attorney (outside New York City) or Corporation Counsel (inside New York City). If the waiver is granted, the certified copy fee is waived too. (Older forms used the term "poor person" relief; the current packet uses the waiver wording above.)

Serving your spouse

New York is strict about service. The court's divorce FAQ says "New York state law requires that the defendant in a divorce action be personally served", and the instructions say the papers must be personally handed to your spouse within 120 days of filing. The server must be over 18 and not a party to the case, so you can't do it yourself. For an in-state spouse, the instructions also say the server must be a New York resident.

What it costs:

• A friend or relative: free.
• A sheriff: CPLR 8011(h)(1) sets a sheriff's fee of $20 for serving a summons or civil process. In New York City, the NYC Sheriff lists a $57 fee for "all other summonses or processes," plus $35 for each additional location.
• A private process server: their own rates.

If you can't find your spouse, you'll need a court order for alternate service, which adds time and sometimes lawyer fees.

What drives the rest of the cost

Uncontested vs contested

The cheapest route is an uncontested divorce, where your spouse agrees or doesn't respond. The court system offers a DIY (Do-It-Yourself) Uncontested Divorce Program for cases where the marriage has been over for at least six months, there are no children under 21, and all property and debt issues are settled.

A contested divorce is a different scale of cost. DRL 170(7) says no judgment is granted on the no-fault ground until economic issues, support, counsel fees, custody and visitation are resolved or decided by the court. Each of those can involve:

• financial disclosure and discovery;
• valuation experts for homes, businesses or pensions;
• temporary support and custody motions;
• trial preparation and trial.

If you're weighing whether to fight over an issue, read is it worth contesting a divorce.

Children

With children under 21, you can't use the DIY program, and you'll need to address custody, parenting time and child support under New York's guidelines. A disputed custody case may also involve a forensic evaluation or a lawyer appointed for the child, which adds cost.

Mediation

Mediating your disputes with a neutral third party is usually much cheaper than litigating them. Private mediators set their own rates and spouses often split them. Ask your county's Supreme Court about any court-connected mediation or ADR program.

Lawyer fees: hourly vs flat fee

There's no official average for New York divorce lawyer fees, so we won't give one. You'll typically see:

• Hourly billing against a retainer, standard for contested divorces;
• Flat fees for defined work such as preparing an uncontested divorce;
• Limited-scope help, such as reviewing a settlement agreement.

Costs depend on the lawyer's experience and location, the complexity of your finances, custody disputes and how cooperative both sides are. Importantly, DRL 237 creates "a rebuttable presumption that counsel fees shall be awarded to the less monied spouse." If your spouse controls most of the money, ask early for a fee award. Our article on who pays for a divorce explains how this works.

Practical ways to keep a New York divorce affordable

• Use the DIY Uncontested Divorce Program if you qualify.
• Settle property, support and parenting issues in writing before filing.
• Have a friend serve your spouse, following the rules carefully.
• Apply for a fee waiver if your income is low.
• Ask for counsel fees under DRL 237 if you're the less monied spouse.

Other states

See how much a divorce costs in California, Florida, Texas, Georgia and Virginia.

Sources

• NYS Unified Court System, Uncontested Divorce Instructions (Rev. 3/1/26): nycourts.gov
• NYS Unified Court System, Divorce Frequently Asked Questions: nycourts.gov
• CPLR 8018, index number fee: New York State Senate
• CPLR 8020, calendar and RJI fees: New York State Senate
• CPLR 8011, sheriff's fees: New York State Senate
• CPLR 1101, waiver of costs and fees: New York State Senate
• Domestic Relations Law § 170, grounds: New York State Senate
• Domestic Relations Law § 230, residency: New York State Senate
• Domestic Relations Law § 237, counsel fees: New York State Senate
• NYC Department of Finance, Sheriff: serving legal papers: nyc.gov