Sources and scope: the legal statements below were compared with the linked New York statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
The $335 minimum is paid in two stages
The first $210 buys the index number and commences the Supreme Court action. When an uncontested case is ready for judicial review, the court lists another $125 for the Note of Issue and Request for Judicial Intervention. Some county pages call all $125 the Note of Issue fee; the statewide schedule shows the underlying charges as $95 for an RJI and $30 for a Note of Issue, with a special $125 Note of Issue entry when an RJI charge was not paid separately.
So $335 is the amount to budget for the ordinary uncontested court filings, not a promise that the entire divorce will cost $335. It leaves out service, legal advice or drafting, copies, delivery, valuations, and the work needed to carry out the judgment. The County Clerk can confirm accepted payment methods and whether an earlier filing changes what is due at calendaring.
| Charge | Court amount | When it applies |
|---|---|---|
| Index number | $210 | Paid when the Supreme Court action is commenced |
| RJI and Note of Issue | $125 total | Paid when the uncontested packet is put before the court; the statewide component fees are $95 and $30 |
| Ordinary uncontested minimum | $335 | Court filing and calendaring only |
What the court minimum does not buy
- A process server, repeat attempts, or a motion asking permission for another method of service.
- Certified judgments, extra copies, postage, courier charges, or card-processing charges that the clerk discloses.
- A $35 settlement-stipulation filing, $45 motions or cross-motions, and other filings the case actually requires.
- Attorney consultations, document review, negotiation, temporary-relief applications, hearings, or trial.
- Mediation, an appraisal, pension or business valuation, custody-related professional, interpreter outside free court services, or transcript.
- A deed, domestic relations order, refinance, account transfer, or other work needed after the judgment is entered.
The filing fee stays fixed while the work can multiply
| Case feature | Possible added work |
|---|---|
| Everything is agreed | A sound agreement, correct packet, court review, and completion of the promised transfers |
| The other spouse cannot be found | A documented search, service attempts, and possibly a motion for alternative service |
| The spouses own a home | A value, mortgage and lien information, sale or buyout terms, refinance terms, and a deed |
| A pension or retirement plan will be divided | Plan documents, a marital-share calculation, and plan-approved order language |
| Income or a business is disputed | Tax and business records, formal discovery, valuation, and sometimes expert testimony |
| Parenting or safety is disputed | Temporary orders, evidence, appearances, and procedures that protect addresses and safety |
A fee waiver can cover court charges when payment is unaffordable
CPLR 1101 allows someone who receives public benefits, has low income, or cannot pay both basic household needs and court charges to ask for a waiver. New York Courts publishes a divorce-specific application and proposed order effective March 1, 2026. The application asks about income, benefits, property, expenses, and the basis of the case; the judge decides the request.
Timing changes the notice rule. The statewide guidance says a person who is starting the case does not serve the waiver request before giving it to the judge, although an e-filer must obtain and upload the waiver order first. If the action has already begun, the request must be served on the parties and also on New York City Corporation Counsel in the city or the County Attorney outside it. Always follow the filing court’s instructions.
1. Download the 2026 divorce forms
Use the current statewide application and proposed order, not an archived ‘poor person’ form found elsewhere online.
2. Explain the finances fully
List benefits, every source of income, property, household needs, expenses, and any other information the form or judge requests.
3. Check the notice instructions
The rule differs depending on whether the divorce has already started and whether it is filed in or outside New York City.
4. Keep the signed order
The order—not the application—says which charges are waived. A recovery later in the case can also affect repayment of waived fees.
Build the budget around the work your case actually needs
- Put $210 at commencement and $125 at uncontested calendaring in the court-fee line.
- Confirm how the spouse will be served, then get a quote for that location and method.
- Ask a lawyer what can be handled as a flat fee or limited-scope task and what will be billed hourly.
- Price an appraisal, pension order, or business and tax analysis only if the assets require it.
- Use the mediator’s actual hourly rate, retainer, cancellation terms, and expected number of sessions.
- Reserve money for the judgment itself to be carried out: certified copies, deeds, retirement orders, refinancing, and account changes.
Questions readers often ask
Frequently asked questions
What are the minimum court fees for an uncontested New York divorce?
New York Courts says at least $335. Ordinarily, $210 is paid for the index number when the action starts, and $125 is paid for the RJI and Note of Issue when the uncontested packet is calendared.
Does the $335 include a process server or lawyer?
No. It covers the ordinary uncontested court filings only. Service, copies, legal work, experts, mediation, and carrying out property transfers are separate.
Can a judge waive New York divorce filing fees?
Yes. Someone on public benefits, with low income, or unable to pay both basic needs and court fees may apply. The current divorce application is statewide, but the judge decides the request and local submission rules still matter.
Does Family Court charge a filing fee?
New York Courts says Family Court cases do not have filing fees. Family Court cannot grant a divorce, however; the marriage must be dissolved in Supreme Court.
Why doesn’t this guide quote an average divorce cost?
Because the known statewide number is the court-fee floor. Service, attorney time, discovery, expert work, and implementation depend on the facts. One average would mix simple agreed cases with cases that require years of litigation.
Sources used for this guide
Official sources
- New York Courts — Filing for an Uncontested Divorce
Where to start the case, what to file, the $210 index-number charge, and the court’s at-least-$335 filing total.
- New York Courts — Fee Waivers
When a person may request a fee waiver, what the request should explain, and when another government office must receive notice.
- New York Courts — Statewide Fee-Waiver Order
The statewide proposed order a judge may sign on a divorce fee-waiver request, effective March 1, 2026.
- New York Courts — Uncontested Divorce Information and Forms
The current statewide packet, required notices, income worksheets, and links to the forms used to place an uncontested case on the calendar.