An action (case) for divorce begins when either spouse buys an index number at the County Clerk’s office and files a Summons With Notice or Summons and Verified Complaint. The person who starts the divorce is the plaintiff, and the other spouse is the defendant. After the action for divorce is started, the next step is to have the defendant personally served with an exact copy of the papers which were filed with the county clerk.
If both you and your spouse agree to a divorce – this includes all other issues, such as child support, custody and visitation and marital assets – it is called an “uncontested divorce.” You can get and complete the papers for an uncontested divorce by using the court’s Uncontested Divorce Do-It Yourself (DIY) Program, picking up the papers from the Queens Supreme Court Help Center, or printing them from the Court's Forms Search.
If the other person does not want a divorce or disagrees with you about certain issues your divorce will be contested. Instruction books and form books for contested Divorces are available on the court’s Forms Search and in the Supreme Court, Civil Term in all boroughs. For more information visit the court’s Divorce Resources page.
The filing fees include $210.00 for the index number and $125.00 for the note of issue. A fee of $45 is charged for each motion filed. If you are filing a contested divorce the cost can be higher depending on how much motion practice will be involved. You may represent yourself in your divorce action or you can be represented by a lawyer. Please be aware that court staff cannot act as your counsel, provide legal advice or suggestions. Court staff can provide all litigants with Procedural Information.