Divorce in New York is not cheap — but knowing what to expect helps you plan and avoid surprises. Court filing fees start at approximately $335 and a DIY uncontested divorce can be completed for under $600 total. Contested divorces can exceed $50,000. This guide breaks down every cost you may face in a New York divorce in 2026.
New York divorce costs at a glance
| Type of divorce | Estimated total cost |
|---|---|
| DIY / Self-Represented | $335–$600 |
| Uncontested with attorney | $1,500–$7,000 |
| Contested (moderate) | $15,000–$30,000 |
| Contested (complex/high-asset) | $30,000–$50,000+ |
New York court filing fees
The first cost you will encounter is the court filing fee paid to the New York Supreme Court — the only court that handles divorce in New York State.
- Index Number: $210 — required to open the case
- Note of Issue: $125 — filed when the case is ready for a decision
- Total base filing fee: approximately $335
- Settlement Agreement (if applicable): $35 additional
If you cannot afford the filing fee, you can apply for a waiver by filing an Application to Proceed as a Poor Person. If approved, court filing fees are waived.
Service of process fees
- Sheriff’s Office: $35–$75 (varies by county)
- Private Process Server: $75–$125 for standard service
- Mail with Signed Affidavit: lowest cost option if your spouse agrees to acknowledge service in writing
Attorney fees in New York
Attorney fees are the largest variable in New York divorce costs.
- Statewide average hourly rate: $250–$450 per hour
- New York City attorneys: $300–$600 per hour
- Upstate NY (Rochester, Buffalo, Syracuse): $250–$500 per hour
- Retainer: most attorneys require $5,000–$10,000 upfront
Many attorneys offer flat-fee packages for uncontested divorces: $750–$1,500 for simple cases with no children or shared property, and $3,500–$5,000 for cases involving children or real estate.
Uncontested divorce — full cost breakdown
| Expense | Estimated cost |
|---|---|
| Court filing fee | $210–$335 |
| Service of process | $35–$125 |
| Attorney flat fee | $750–$5,000 |
| Document preparation (if DIY) | $200–$800 |
| Certified copies of judgment | $5–$10 each |
| Notary services | $25–$100 |
| Total | $1,000–$7,000 |
Contested divorce — full cost breakdown
| Expense | Estimated cost |
|---|---|
| Court filing fees and motions | $335–$2,000+ |
| Attorney fees (total) | $7,000–$40,000+ |
| Expert witnesses and appraisers | $1,500–$10,000 |
| Discovery costs | $1,000–$5,000 |
| Mediation | $1,000–$5,000 |
| Total | $15,000–$50,000+ |
Mediation costs in New York
- Court-referred mediation: first session is often free
- Private mediator: $100–$500 per session
- Total mediation cost (typical): $1,000–$5,000
Mediation can save tens of thousands of dollars compared to going to trial. Courts often refer contested divorces to mediation before proceeding to litigation.
What affects the cost most?
- Contested vs. uncontested — the single biggest cost driver
- Spouse cooperation — an adversarial spouse pushes costs to extremes
- Children — custody and support disputes add significant legal hours
- High-value assets — real estate, retirement accounts, and businesses require appraisals
- Attorney location — NYC attorneys charge significantly more than upstate
- Length of case — every additional month in litigation adds attorney fees
How to keep your New York divorce affordable
- Choose uncontested if possible — agree on terms before filing
- Use mediation — resolve disputes at $100–$500 per session vs. thousands in court
- Consider a flat-fee attorney for simple uncontested cases
- File DIY if you qualify — New York offers free divorce forms at nycourts.gov
- Apply for a fee waiver if income-qualified
- Serve by mail if your spouse will cooperate
Can you get divorced in New York without a lawyer?
Yes. New York allows self-represented (pro se) filers. Free forms and instructions are available at nycourts.gov. DIY divorce is best suited for uncontested cases with no children and no significant shared assets.
→ How to File for Divorce in New York Without a Lawyer — Full Guide
Frequently asked questions — New York divorce cost
What is the cheapest way to get divorced in New York?
A DIY divorce using the free forms at nycourts.gov. You pay only the $210 index fee plus service costs — total under $400 for a simple case with no disputed issues.
How much does a divorce cost in New York with no children and no assets?
A simple uncontested divorce with no children and minimal shared property can cost as little as $335 if you represent yourself, or $750–$1,500 with a flat-fee attorney.
How long does a divorce take in New York?
Uncontested divorces in New York typically take 3–6 months. Contested divorces typically take 1–3 years depending on the complexity and court backlog.
Does New York require a separation period before divorce?
No. With no-fault divorce based on irretrievable breakdown of the marriage for at least 6 months, no separation period is required before filing.
Can I get a fee waiver for the New York divorce filing fee?
Yes. You can apply by filing an Application to Proceed as a Poor Person with the Supreme Court. If your income qualifies, the court filing fees can be waived entirely.
More divorce cost guides by state
- How to File for Divorce in New York Without a Lawyer
- How Much Does a Divorce Cost in Texas?
- How Much Does a Divorce Cost in Florida?
- How Much Does a Divorce Cost in Virginia?
- How Much Does a Divorce Cost in Colorado?
- How Much Does a Divorce Cost in Georgia?
- How Much Does a Divorce Cost in Washington State?
- How Much Does a Divorce Cost in North Carolina?
Legal disclaimer
The information on this page is for general educational purposes only and does not constitute legal advice. Divorce costs in New York vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in New York.