New York • Uncontested • No minor children
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Divorce Cost Estimate
New York Divorce Cost Calculator
Estimate divorce costs in New York using state-specific filing fee, attorney rate, mediation, children, property, and case complexity assumptions.
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Filing fee$335
Service of process$75
Attorney range$3,408 - $6,816
Mediation$700
These estimates are for planning only. They use the existing state-specific filing, attorney, and mediation assumptions and are not legal advice.
New York Divorce Cost Snapshot
Use this 2026 New York divorce cost guide to compare statewide court filing fees, attorney and mediation costs, how equitable distribution affects legal expenses, typical divorce timelines, and the difference between uncontested and contested New York divorces.
CategoryTypical range
Court filing fees~$335 base court fees
Attorney hourly rate$350–$700+/hr
Uncontested divorce$5,000–$12,000
Contested divorce$20,000–$75,000+
Planning timeline3–24+ months
How Much Does Divorce Cost in New York?
A divorce in New York usually begins with approximately $335 in court filing fees, but total costs depend much more on attorney time, financial complexity, child custody disputes, expert witnesses, mediation, and whether the spouses reach an agreement.
Unlike community property states, New York follows equitable distribution, meaning marital assets are divided fairly—but not necessarily equally. Determining what is marital versus separate property and valuing businesses, retirement accounts, real estate, or investment portfolios can significantly increase legal expenses.
Simple uncontested divorces often remain under five figures, while contested divorces involving custody disputes or significant assets frequently exceed $50,000. These are planning estimates only—not legal advice or guaranteed costs.
Local court charges are only the starting point in New York; attorney involvement, property issues, mediation, and contested proceedings can have a much larger effect on the final budget. See our national guide to divorce costs for a deeper explanation of how those expenses fit together.
New York Divorce Filing Fees
Unlike many states, New York's divorce filing fees are generally consistent statewide because divorces are filed in the New York Supreme Court. Confirm current fees and filing requirements with the court before filing.
Filing stepTypical feeWhen it applies
Index Number$210Starts the Supreme Court action.
Request for Judicial Intervention$95Paid when judicial assignment is required.
Note of Issue$30May be $125 in certain uncontested filings.
Approximate base court fees~$335A common planning total before added case costs.
- Service of process, certified copies, motions, parenting evaluations, expert witnesses, mediation, and appeals may add separate costs.
- A person unable to afford filing costs may ask the court for poor-person status and request that qualifying court fees be waived.
Unique Cost Factors in New York
Equitable distribution
New York courts divide marital property based on fairness—not automatically 50/50. Disputes over whether property is marital or separate and how assets should be valued can increase attorney and expert time.
Supreme Court jurisdiction
Although the name sounds unusual, divorce actions in New York are filed in Supreme Court, the state's primary trial court.
No mandatory waiting period
New York does not impose a fixed waiting period after filing. Timing instead depends on document preparation, negotiations, court scheduling, and whether the case is contested.
County processing times
Fees are mostly consistent statewide, but processing speed varies. Courts serving New York City may carry heavier caseloads than many upstate courts.
Uncontested vs. Contested Divorce Costs in New York
Uncontested divorce
- Both spouses agree on property, debts, custody, parenting schedules, and support.
- Fewer attorney hours, motions, and court appearances are usually required.
- Complete, accurate settlement documents help avoid processing delays.
Contested divorce
- Custody, support, maintenance, real estate, retirement, business, or investment issues remain disputed.
- Discovery, depositions, appraisals, forensic accountants, and experts add cost.
- Trial preparation and prolonged motion practice can push costs beyond the range.
How Long Does Divorce Take in New York?
Uncontested divorce
Often 3–6 monthsDocument preparation and county court processing largely determine the schedule.
Moderately contested divorce
Often 6–18 monthsNegotiations, mediation, and discovery typically drive the timeline.
Highly contested divorce
Often 18–24+ monthsBusiness valuations, custody litigation, expert testimony, and trial scheduling may extend the case.
Example New York Divorce Scenarios
These examples illustrate how different facts can change a planning range. They are not predictions or legal quotes.
Uncontested Erie County divorce
- No children
- Few assets
- Complete settlement agreement
A planning illustration for a straightforward agreed case, including approximate base court fees.
Westchester County divorce
- Two children
- Parenting negotiations
- Several mediation sessions
Attorney time and mediation are likely to drive more of the total than court fees.
Manhattan high-asset divorce
- Business ownership
- Investment and retirement accounts
- Real estate
Valuation disputes, forensic accounting, depositions, experts, or trial may increase the total.
How New York Residents Can Reduce Divorce Expenses
Because attorney billing is typically hourly, reducing avoidable disputes often produces the largest savings.
Organizing records and narrowing disagreements can reduce avoidable professional time. The attorney fee and retainer guide explains how lawyers bill and which tasks can shape the final legal bill.
- 01
Reach agreements on as many issues as possible before filing.
- 02
Organize financial records and account statements early.
- 03
Use mediation for parenting or property disputes when appropriate.
- 04
Limit unnecessary court motions and avoidable attorney communications.
- 05
Complete financial disclosures accurately the first time.
Frequently Asked Questions
How much does divorce cost in New York?
An uncontested New York divorce may cost about $5,000–$12,000, while a contested matter may cost $20,000–$75,000 or more. Attorney time, children, property, experts, and the duration of disputes shape the total.
What are the filing fees for divorce in New York?
A common base planning total is approximately $335: $210 for the index number, $95 for a Request for Judicial Intervention when required, and $30 for a Note of Issue. Certain uncontested filings may carry a $125 Note of Issue fee, and other case costs may apply.
Is New York a community property state?
No. New York uses equitable distribution, which means marital property is divided fairly under statutory factors rather than automatically divided 50/50.
How long does divorce take in New York?
A straightforward uncontested divorce may take roughly 3–6 months. A moderately contested case may take 6–18 months, while a highly contested matter can take 18–24 months or longer.
Can New York divorce filing fees be waived?
A person who cannot afford court costs may apply for poor-person relief. The court decides whether qualifying fees will be waived based on the application and financial circumstances.
Is mediation required in New York?
Mediation is not universally required in every New York divorce, though a judge or local court program may direct parties toward settlement processes. Private mediation is also voluntary and can help narrow disputes.
Does having children make divorce more expensive?
It can. Custody, parenting schedules, child support, evaluations, attorneys for children, mediation, and related motions can add professional time and case costs.
Can I file for divorce without a lawyer in New York?
A person may represent themselves, and New York courts provide uncontested-divorce resources. Legal advice is especially valuable when children, support, real estate, retirement accounts, businesses, safety concerns, or disagreements are involved.