New York was the last state to adopt no-fault divorce — now its DRL 170(7) ground needs the marriage broken for 6 months, with no waiting period after filing.
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Templates reviewed for the 2026 filing year · Based on official state forms
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New York divorce template samples
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Uncontested Divorce SampleSee the full text of the agreement both spouses sign together.
Complaint for Divorce — Uncontested
IN THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [1. County]
Index No. [2. Index Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of New York for a continuous period of at least one year immediately preceding the commencement of this action, in accordance with DRL § 230. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are no minor children born of or adopted during this marriage.
Grounds for Divorce
The relationship between the parties has broken down irretrievably for a period of at least six months, and one of the parties has so stated under oath, in accordance with DRL § 170(7). The marriage should be dissolved.
Property and Debt Division
The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [8. Property and Debt Division Terms]
Spousal Maintenance
The parties have agreed that spousal maintenance shall be as follows: [9. Spousal Maintenance Terms]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Judgment of Divorce dissolving the marriage of the parties;
(b) approve the parties' agreement regarding property, debts, and spousal maintenance;
(c) restore Plaintiff's former name of [10. Former Name], if requested; and
(d) grant such other and further relief as the Court deems just and proper.
Dated: [11. Date of Signing]
Verification
I, [3. Plaintiff Full Name], affirm that the statements in the foregoing Complaint are true, under the penalties of perjury.
Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Contested Divorce SampleSee how disputed terms are laid out before you fill anything in.
Complaint for Divorce — Contested
IN THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [1. County]
Index No. [2. Index Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of New York for a continuous period of at least one year immediately preceding the commencement of this action, in accordance with DRL § 230. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are no minor children born of or adopted during this marriage.
Grounds for Divorce
The relationship between the parties has broken down irretrievably for a period of at least six months, and one of the parties has so stated under oath, in accordance with DRL § 170(7). The marriage should be dissolved.
Property and Debt Division
The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that this Court equitably distribute the parties' marital property and debts pursuant to DRL § 236(B)(5). The relevant marital assets and liabilities include: [8. Property and Debt Description]
Spousal Maintenance
The parties are unable to agree on spousal maintenance. Plaintiff requests that the Court award spousal maintenance in an amount and for a duration that is just and equitable, considering the factors set forth in DRL § 236(B)(6). Relevant facts include: [9. Spousal Maintenance Facts]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Judgment of Divorce dissolving the marriage of the parties;
(b) equitably distribute the parties' marital property and debts;
(c) award spousal maintenance as the Court deems just and equitable;
(d) restore Plaintiff's former name of [10. Former Name], if requested; and
(e) grant such other and further relief as the Court deems just and proper.
Dated: [11. Date of Signing]
Verification
I, [3. Plaintiff Full Name], affirm that the statements in the foregoing Complaint are true, under the penalties of perjury.
Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Uncontested Divorce with Children SampleSee the agreement plus the parenting plan section in full.
Complaint for Divorce — Uncontested with Children
IN THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [1. County]
Index No. [2. Index Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of New York for a continuous period of at least one year immediately preceding the commencement of this action, in accordance with DRL § 230. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation].
There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].
Grounds for Divorce
The relationship between the parties has broken down irretrievably for a period of at least six months, and one of the parties has so stated under oath, in accordance with DRL § 170(7). The marriage should be dissolved.
Custody and Visitation
The parties have reached a full agreement regarding custody and visitation of the minor child(ren), in accordance with the best interests of the child(ren) under DRL § 240. The agreed parenting plan is as follows: [10. Custody and Visitation Terms]
Child Support
The parties have reached an agreement on child support consistent with the Child Support Standards Act (DRL § 240). The agreed monthly child support amount is [11. Child Support Amount], payable by [12. Paying Parent] to [13. Receiving Parent]. Additional terms: [14. Child Support Additional Terms]
Medical and Childcare Expenses
Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be shared as follows: [15. Medical and Childcare Terms]
Property and Debt Division
The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [16. Property and Debt Division Terms]
Spousal Maintenance
The parties have agreed that spousal maintenance shall be as follows: [17. Spousal Maintenance Terms]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Judgment of Divorce dissolving the marriage of the parties;
(b) approve the parties' parenting plan regarding custody and visitation of the minor child(ren);
(c) order child support in accordance with the parties' agreement and the Child Support Standards Act;
(d) approve the parties' property and debt division;
(e) restore Plaintiff's former name of [18. Former Name], if requested; and
(f) grant such other and further relief as the Court deems just and proper.
Dated: [19. Date of Signing]
Verification
I, [3. Plaintiff Full Name], affirm that the statements in the foregoing Complaint are true, under the penalties of perjury.
Executed this [20. Execution Date] day of [21. Execution Month, Year], at [22. City and State of Execution].
Contested Divorce with Children SampleSee how custody and parenting terms appear in the full document.
Complaint for Divorce — Contested with Children
IN THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF [1. County]
Index No. [2. Index Number]
[3. Plaintiff Full Name], Plaintiff, vs. [4. Defendant Full Name], Defendant.
Comes now the Plaintiff, [3. Plaintiff Full Name], and files this Complaint for Divorce against the Defendant, [4. Defendant Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Plaintiff has been a resident of the State of New York for a continuous period of at least one year immediately preceding the commencement of this action, in accordance with DRL § 230. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation].
There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].
Grounds for Divorce
The relationship between the parties has broken down irretrievably for a period of at least six months, and one of the parties has so stated under oath, in accordance with DRL § 170(7). The marriage should be dissolved.
Custody and Visitation
The parties are unable to agree on custody and visitation of the minor child(ren). Plaintiff requests that the Court award custody and establish a parenting plan in accordance with the best interests of the child(ren) under DRL § 240. Relevant facts include: [10. Custody Dispute Facts]
Child Support
The parties are unable to agree on child support. Plaintiff requests that the Court order child support in accordance with the Child Support Standards Act (DRL § 240). Relevant facts include: [11. Child Support Facts]
Medical, Dental, and Childcare Expenses
Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [12. Medical and Childcare Terms]
Property and Debt Division
The parties are unable to agree on the division of their marital property, assets, and debts. Plaintiff requests that the Court equitably distribute the parties' marital property and debts pursuant to DRL § 236(B)(5). The relevant marital assets and liabilities include: [13. Property and Debt Description]
Spousal Maintenance
The parties are unable to agree on spousal maintenance. Plaintiff requests that the Court award spousal maintenance as the Court deems just and equitable under DRL § 236(B)(6). Relevant facts include: [14. Spousal Maintenance Facts]
Request for Relief
WHEREFORE, Plaintiff respectfully requests that this Court:
(a) enter a Judgment of Divorce dissolving the marriage of the parties;
(b) determine custody and visitation in the best interests of the minor child(ren);
(c) order child support in accordance with the Child Support Standards Act;
(d) equitably distribute the parties' marital property and debts;
(e) award spousal maintenance as the Court deems just and equitable;
(f) restore Plaintiff's former name of [15. Former Name], if requested; and
(g) grant such other and further relief as the Court deems just and proper.
Dated: [16. Date of Signing]
Verification
I, [3. Plaintiff Full Name], affirm that the statements in the foregoing Complaint are true, under the penalties of perjury.
Executed this [17. Execution Date] day of [18. Execution Month, Year], at [19. City and State of Execution].
Official formsUD-1 (Summons), UD-2 (Verified Complaint), UD-3, UD-4, UD-5
Confirm with your county before filing — fees and rules can vary.
Overview
Divorce in New York: the 6-month breakdown rule
New York held out longer than anyone: it was the last state in the country to allow no-fault divorce when it added DRL 170(7) in 2010. Today that ground — the relationship has been irretrievably broken for at least six months, stated under oath — is the standard route, and it needs no fault, no separation agreement, and no one’s permission. After filing there is no waiting period, but every economic issue must be resolved before the judgment is entered.
Filing requires one year of continuous residency under DRL § 230, enforced strictly — 364 days will not pass. The case starts with a Summons with Notice or Summons and Complaint in the Supreme Court of your county, and the state runs on the Uniform Uncontested Divorce Packets, with a separate version for couples with children under 21. The DIY Uncontested Divorce Program on NY CourtHelp walks self-represented filers through the paperwork.
Property is divided through equitable distribution under DRL § 236(B)(5), spousal support is called maintenance, and child support follows the Child Support Standards Act percentages under DRL § 240. The filing fee is a minimum of $335 — the $210 index number plus the $125 note of issue — before the optional fees for motions.