State law, county filing instructions
What is local to Kings County?
New York law supplies the grounds, residency rules, property law, maintenance formulas, and child-support rules. The County Clerk and Supreme Court matrimonial office tell you where the papers go, how fees are paid, whether NYSCEF is available, which local checklist to use, and how to obtain the entered judgment.
Kings Supreme Court’s Matrimonial Office, at 360 Adams Street, processes uncontested papers, motions, and post-judgment applications. Its page also links local checklists and fee-waiver packets.
The rules do not change by county
- DRL § 230 decides whether the New York residence requirement is met.
- CPLR 515 decides which county or counties are available.
- Family Court Act § 413 governs the CSSA calculation.
- DRL § 236 governs maintenance and equitable distribution.
- Only Supreme Court can grant the divorce.
Check these details with the local office
- Which County Clerk and Supreme Court room receives each filing.
- Whether to file on paper, by mail, or through NYSCEF.
- Accepted payment methods and any card charge.
- Local matrimonial checklists, cover sheets, and part rules.
- How the court gives notice and how to request a certified judgment.
Statewide court charges
How the $335 uncontested minimum is paid
New York Courts states that an uncontested divorce costs at least $335 in court fees. The usual path is $210 when the action is commenced and $125 when the uncontested packet is placed on the calendar. That is not a quote for the whole case. Service, legal help, copies, motions, experts, and the work needed to carry out the judgment are separate.
| Court item | Court fee | Planning note |
|---|---|---|
| Index number | $210 | Paid to commence the Supreme Court action |
| Uncontested RJI and Note of Issue | $125 total | The statewide component fees are $95 and $30; local court pages commonly collect them together at calendaring |
| Ordinary uncontested minimum | $335 | Includes the two stages above, not service or other case expenses |
| Motion or cross-motion | $45 | Due only when a fee-bearing motion is filed |
| Personal service | Get a quote | The price depends on the method, location, and number of attempts |
A practical filing check
Before you submit papers in Kings County
1. Confirm residency and venue
Match the facts to a DRL § 230 route and make sure Kings County is allowed under CPLR 515.
2. Use the packet that fits
Joint, ordinary uncontested, default, and contested cases follow different sequences. Children under 21, a home, retirement, safety concerns, or a missing spouse may add forms.
3. Find both filing offices
Confirm where the County Clerk accepts the commencement papers and where the Supreme Court matrimonial office receives the later packet.
4. Check how to file and pay
Ask about NYSCEF, paper or mail filing, cover sheets, copies, accepted payment, and any appointment rule before making the trip.
5. Follow the correct delivery rule
If you are not filing jointly and are unsure the defendant will sign the consent papers, plan personal service within 120 days by a qualified nonparty.
6. Finish after the judge signs
Make sure the judgment is entered with the County Clerk, serve the Judgment with Notice of Entry, and complete every transfer required by the judgment.
If court charges are unaffordable
Use the 2026 statewide divorce fee-waiver form
A person who receives public benefits, has low income, or cannot pay both household necessities and court charges may apply under CPLR 1101. The current divorce application asks about income, benefits, property, expenses, and the basis of the case. A judge decides the request, and Kings County controls where and how the papers are submitted.
Open the current statewide divorce fee-waiver form ↗Calculators that use New York law
Estimate support or build a case budget
Questions about filing locally
What people ask before contacting the clerk
How much does it cost to file an uncontested divorce in Kings County?
New York Courts says an uncontested divorce costs at least $335 in court fees. Ordinarily, $210 is paid for the index number at commencement and $125 is paid for the RJI and Note of Issue at calendaring. The statewide schedule lists those calendar components as $95 and $30. Service, legal help, copies, motions, and transfer work are extra; check payment instructions with Kings County Supreme Court Matrimonial Office.
Does Kings County use a different child support formula?
No. Family Court Act § 413 and the Child Support Standards Act apply statewide. The local office and filing method may differ, but the income definition, percentages, $193,000 guideline threshold, expense rules, and deviation factors do not change at the county line.
Where is a divorce filed in Kings County?
Only New York Supreme Court can grant the divorce. The County Clerk handles commencement papers and the index number, while the Supreme Court matrimonial office handles later court submissions. Use the Kings County Supreme Court Matrimonial Office page to confirm the current address, room, filing method, and payment instructions.
Is there a mandatory waiting period after filing in New York?
No single cooling-off period runs from the filing date. The no-fault ground requires an irretrievable breakdown for at least six months. In the ordinary uncontested path, a signed Defendant’s Affirmation can allow immediate calendaring; if the defendant does nothing, the plaintiff normally waits 40 days after service before filing the remaining papers.
How must the other spouse receive the divorce papers?
If you are not using the joint procedure and are unsure the defendant will sign and return the current Defendant’s Affirmation, the filed papers normally must be personally served within 120 days by someone other than the plaintiff. An agreeing defendant may follow the court’s consent procedure. Ask the court about alternative service if the spouse cannot be found.
What if I cannot afford New York court fees?
A person on public benefits, with low income, or unable to pay both basic needs and court costs may apply under CPLR 1101. Use the statewide divorce application effective March 1, 2026, answer the financial questions fully, and follow the local submission instructions. A judge decides what to waive.