How Much Does a Divorce Cost in New York? Court Fees, Other Costs and Fee Waivers
New York family law · Last reviewed October 7, 2026
Unlike many states, New York charges the same divorce filing fees in every county, because they're set by statute in the Civil Practice Law and Rules. As the court system's help pages put it: "An uncontested divorce costs at least $335 in court filing fees."
The court fees
| Fee | Amount | Source |
|---|---|---|
| Index number (paid when you file) | $210 | CPLR 8018(a) |
| Request for Judicial Intervention and Note of Issue (paid when you submit the case to a judge) | $125 in total | CPLR 8020(a) |
| Uncontested divorce total | $335 | |
| Motion or cross-motion | $45 each | CPLR 8020(a) |
| Filing a stipulation of settlement | $35 | CPLR 8020(d) |
| Demand for a jury trial | $65 | CPLR 8020(c) |
| Notice of appeal | $65 | CPLR 8022(a) |
The $125 can be charged two ways, $95 for the request for judicial intervention plus $30 for the note of issue, or $125 for the note of issue where no separate request is required, but the total is the same. In the Joint Divorce program, the fees are also $210 plus $125, paid once for both spouses.
A spouse who simply responds to the summons doesn't pay a filing fee to do so. Motions in a contested case cost $45 each.
Certified copies
After the divorce, a certified copy of the judgment comes from the county clerk, and the charges vary. In New York County (Manhattan) it's 25 cents a page plus $8 per certification, and the Bronx charges $8 per certified copy. Westchester, Nassau, Suffolk and Erie counties charge $1.25 a page with a $5 minimum. A Department of Health divorce certificate costs $30 by mail. See divorce records.
Costs beyond the court
Court fees are usually the smallest part. Depending on the case, you may also pay for:
- Service of process, if you hire a process server. A friend or relative over 18 who isn't a party can serve the papers instead.
- Publication, if a court allows service by newspaper because your spouse can't be found.
- Mediation, if you use a mediator to reach an agreement.
- Lawyers, the largest cost in most contested cases.
- Experts: appraisers, business valuators, pension actuaries, and in custody fights a forensic evaluator.
- Domestic relations orders to divide retirement plans.
There's no reliable statewide average for the total cost of a divorce, and you should be skeptical of sites that quote one. An uncontested divorce using the court's free forms can cost little more than the $335.
Counsel fees: the less monied spouse
New York tries to keep the higher earner from winning simply by outspending the other spouse. Under DRL § 237, "There shall be a rebuttable presumption that counsel fees shall be awarded to the less monied spouse." The court can order the higher-earning spouse to pay some or all of the other's legal and expert fees, during the case and at the end.
Fee waivers
If you can't afford the fees, you can ask the court to waive them under CPLR 1101. You file an Affirmation in Support of Application to Waive Court Costs, Fees and Expenses, with a proposed order, showing that you can't pay. The court decides; a waiver isn't automatic. If you're represented by a legal aid society or another nonprofit legal services organization, or by a lawyer working under its auspices, no motion is needed: the fees are waived when your lawyer files the required certification (CPLR 1101(e)).
Without a waiver, the $210 index number fee is due when you file. In the Joint Divorce program, only Spouse 1 can apply for a fee waiver.
Frequently asked questions
How much does it cost to file for divorce in New York?
The court fees are $210 to buy an index number and $125 for the note of issue and request for judicial intervention, $335 in all, in every county. Other costs depend on whether you hire lawyers or experts.
Can I get a divorce for free in New York?
The court fees can be waived if you can't afford them: file an application to waive court costs, fees and expenses under CPLR 1101. The court's DIY forms program is free, and court help centers and LawHelpNY can point you to free legal help.
Does my spouse have to pay to respond to the divorce?
No fee is charged just to respond. Motions cost $45 each, and filing a settlement agreement costs $35.
Who pays for the divorce in New York?
The spouse who files pays the filing fees. In a contested case, the court can order the higher-earning spouse to pay the other's counsel fees, under a presumption in favor of the less monied spouse.
How much is a certified copy of a divorce decree in New York?
It depends on the county: for example, 25 cents a page plus $8 in Manhattan, $8 in the Bronx, and $1.25 a page with a $5 minimum in Westchester, Nassau, Suffolk and Erie.