New York divorce planning · NY

New York divorce costs, calculators, and legal guides

Estimate child support, spousal maintenance, and likely case expenses, then read how those numbers fit into New York’s filing, property, and support rules. Local court links are included for 5 high-population counties.

2026 figures checked August 12Links to statutes, court forms, and local officesResults appear before the optional PDF form

New York calculators

Change one fact at a time and see what moves

The support tools show the formula amount and the questions they cannot answer. The cost estimator starts with court charges and lets you replace every service and professional-cost assumption.

01

2026 CSSA estimate

New York child support

Enter both parents’ CSSA income, choose the number of children, and separate the basic amount from child-care and medical shares.

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02

Spousal maintenance

New York maintenance

Choose the correct child-support branch, compare both statutory results, and see the reserve adjustment and advisory duration range.

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03

Divorce budget

New York divorce cost

Begin with the $335 uncontested court minimum, then enter actual quotes or working figures for service, lawyers, and mediation.

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Before you rely on an estimate

Six New York rules worth knowing first

A calculator is most useful when you know which inputs the law uses and which decisions still belong to a judge or an agreement.

Read the calculator methodology →
01

Child support begins with both parents’ income

After the allowed income adjustments, CSSA applies the child-count percentage to combined income and assigns each parent a proportional share.

02

$193,000 is the 2026 guideline threshold

It is not a maximum support ceiling. Above $193,000, a court may use the same percentage, the ten statutory factors, or both.

03

Maintenance uses formulas and advisory duration ranges

Formula 1 changes when the payor is also the noncustodial parent paying child support. Excess income, adjustments, and duration need separate findings.

04

Equitable distribution is not automatic 50/50

The court classifies and values each asset and debt, then considers the circumstances in DRL § 236. Title alone does not settle the answer.

05

Only Supreme Court grants a divorce

Family Court may already have support or custody orders, but only Supreme Court can dissolve the marriage. Residency and county venue are separate requirements.

06

The statewide uncontested minimum is $335

The usual $210 commencement fee and $125 uncontested calendar filing do not include service, legal help, motions, copies, or property-transfer work.

From first filing to final entry

Where the major decisions happen

Read the complete process guide →
  1. 1

    Confirm New York and the county

    Match the facts to a DRL § 230 residency route and a venue allowed by CPLR 515.

  2. 2

    Choose the right packet

    Joint, ordinary uncontested, default, and contested cases do not use the same sequence. Children under 21 and complex property add forms.

  3. 3

    Start the action

    File the summons papers through the County Clerk and pay $210 for the index number, unless the court grants a waiver.

  4. 4

    Deliver the papers

    In the ordinary path, personal service is generally due within 120 days. An agreeing defendant and a joint divorce use different delivery rules.

  5. 5

    Deal with the response

    The case may proceed by agreement, by default after the required time, or as contested. Financial disclosure and temporary orders may begin here.

  6. 6

    Resolve every open issue

    Property, debt, maintenance, support, custody, parenting time, and fees must be settled or decided before the final packet is ready.

  7. 7

    Calendar, sign, and enter

    File the RJI, Note of Issue, and final papers. After signature and entry, serve Notice of Entry and complete the promised transfers.

Detailed New York guides

Read the part that matches your next decision

Each guide answers a practical question, shows the current rule, and links to the statute, worksheet, or court instructions behind it.

County court information

The formula is statewide; the filing desk is local

Support and maintenance law does not change at a county border. The office, room, payment method, e-filing availability, local checklist, and judgment pickup process can. CPLR 515 also limits which county is available in the first place.

New York sources used on this page

Open the law or court form behind a number

The links below go to the current Domestic Relations Law, Family Court Act, CPLR, 2026 support materials, and New York Courts filing instructions. County pages link to the local court or clerk as well.

How we update and correct legal information →
  1. New York Family Court Act §413

    The governing child-support statute: income, allowed deductions, percentages, add-on expenses, low-income rules, and reasons a court may depart from the basic amount.

  2. New York Courts — 2026 support and maintenance figures

    The court system’s notice of the figures that took effect March 1, 2026: $193,000, $241,000, $21,546, and $15,960.

  3. New York Child Support Services — establish an order

    A parent-facing explanation of adjusted income, the CSSA percentages, each parent’s share, added expenses, and income over the statutory amount.

  4. New York Courts — 2026 Child Support Standards Chart

    The chart used for orders dated March 1, 2026 through February 28, 2027, with the current income bands and low-income figures.

  5. New York Domestic Relations Law §236

    The text of New York’s maintenance and equitable-distribution law, including both formulas, the advisory duration table, and the property factors.

  6. New York Courts — maintenance and child support tools

    Official worksheets for annual income, temporary maintenance, post-divorce maintenance, and child support.

  7. New York Courts — filing an uncontested divorce

    Where an uncontested case begins, which papers start it, the $210 index-number fee, and the court’s at-least-$335 total.

  8. New York Courts — statewide filing fees

    The statewide schedule showing a $210 index number, $95 RJI, $30 Note of Issue, $45 motion, and when the Note of Issue fee is $125.

  9. New York Domestic Relations Law §230

    The five residence paths that can qualify a spouse to bring a New York matrimonial action.

  10. New York Domestic Relations Law §170

    All seven divorce grounds. The current text reflects the six-month period for both separation-based grounds.

  11. New York Courts — equitable distribution

    A short court-system explanation of marital property, separate property, retirement benefits, and fair division.

  12. New York Courts — divorce fee waivers

    Who may ask for a fee waiver, what financial information the court expects, and when notice to another government office is required.

Common questions

Answers before you choose a calculator or form

These answers explain the general rule. Check the linked court form or statute before acting on a deadline, signing an agreement, or deciding where to file.

How is child support calculated in New York?

New York adds both parents’ CSSA income after the adjustments the statute allows, applies the percentage for the number of children, and usually assigns the noncustodial parent that parent’s proportional share. The 2026 calculation applies through $193,000 of combined income. A judge decides support above that threshold by using the percentage, the statutory factors, or both.

How much does an uncontested New York divorce cost to file?

New York Courts says at least $335. The ordinary path is $210 for the index number when the action starts and $125 for the RJI and Note of Issue when the uncontested packet is put on the calendar. The statewide schedule lists those calendar components as $95 and $30. Service, legal help, copies, motions, and experts are separate.

Is there a mandatory waiting period after filing in New York?

There is no single cooling-off period counted from the filing date. The usual no-fault ground requires the relationship to have been irretrievably broken for at least six months. In the ordinary uncontested process, a signed Defendant’s Affirmation can allow immediate calendaring; after a default, the plaintiff normally waits 40 days from service. Incomplete papers and unresolved issues take longer.

Where must a New York divorce be filed?

Only New York Supreme Court can grant the divorce. CPLR 515 generally allows a county where either spouse lives or, if the marriage has minor children, a county where one of them lives. A nonpublic or protected address creates an exception, and a court may allow another county for good cause after a motion.

Does New York divide marital property equally?

Not automatically. New York uses equitable distribution: the court identifies marital and separate property, values the marital estate, and applies the factors in DRL § 236. An equal split may be fair in one case, but it is not required for every marriage or every asset.

How does New York calculate spousal maintenance?

The court compares two annual calculations and begins with the lower nonnegative result. Formula 1 changes when the higher-income spouse is also the noncustodial parent who will pay child support. The formulas use payor income through $241,000 in 2026; a judge separately addresses income above that threshold, any adjustment, and duration.

Can New York court fees be waived?

Yes. Someone who receives public benefits, has low income, or cannot cover both basic needs and court fees may apply under CPLR 1101. The statewide divorce application effective March 1, 2026 asks about income, benefits, property, expenses, and the case. A judge decides which costs to waive.