New York - Grounds of Divorce, Filing Fee & Family Court Located
Grounds of Divorce in New York
Uncontested /No-fault divorce
1. Legal Separation: Parties have lived separate and apart without cohabitation for at least ONE year or
excess continuous years with a Judgment of Separation for this marriage from a New York State
Supreme Court or a court from another state or with written separation agreement signed by both
parties in the presence which is in signed and notarized.
2. Without Child under 21 in divorce action
Contested /Fault divorce
1. Abandonment for 1 year
2. Cruel and Inhuman Treatment
3. Imprisonment for at least Three consecutive years
4. Adultery. See Annulment >
Filing Fee NY For Uncontested Divorce Case = $ 335.00 USD ( $210.00 filing fee to Obtain Index
Number of File the "Summons and Complaint" + $125.00 "Note of Issue" filing fee to balance of the
uncontested divorce papers to the Matrimonial Clerk's Office) . There is a $45.00 fee for each motion.
Additional fee if any motions are made for contested; $95.00 filing fee for the Request of Judicial
Intervention (R.J.I.), $30.00 filing fee for a Note of Issue in a contested matrimonial action.
For all divorce case, a certified copy of the final signed Judgment may be obtained from the County
Clerk's Office for a fee of $8.00 per certified copy.
Residency Requirement in New York
1) the spouses once now living in New York State, and if either has resided in New York State at the
time of filing the divorce for at least TWO years.
2) the spouses both or once now living in New York State and marriage ceremony was performed in New
York State; both or either still resides in New York State for the at least ONE year.
3) The "grounds" for your divorce happened in New York State with the either above.
First Waiting Period: The defendant must be served within 120 days of the purchase of the index
number and the filing of the Summons with Notice or Summons and Complaint unless an application for
an extension of time to serve is made by the plaintiff's attorney and granted by the court.
NYC (New York City) family Court Located
Bronx County Family Court 900 Sheridan Avenue Bronx, NY 10451 / phone: (718) 590-3323 (718) 618-2098
fax: (718) 590-2681
Kings (Brooklyn) County Family Court 330 Jay Street Brooklyn, NY 11201 / phone: (718) 590-3323 / (347)
401-9690 fax: (347) 401-9689
New York County Family Court 60 Lafayette Street New York, NY10013 / phone: (646) 386-5346 / 5200 fax:
(212) 374-2564 / (212) 748-5272
Queens County Family Court 151-20 Jamaica Avenue Queens, NY 11432 (ATTN: Transcription Dept) / phone:
(718) 298-0197 fax: (718) 297-2826
Richmond County Family Court 100 Richmond Terrace Staten Island, NY 10301 / phone: 1-718-390-5460 /
5461 / 718-298-0176 fax: 1-718-390-5247 / 718-297-2826
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