Divorce filing fees in New York come to $335 in base court costs, and that figure holds whether the case is uncontested or contested. The total is built from a $210 index number fee paid to the county clerk plus either a $125 Note of Issue in an uncontested case or a $95 Request for Judicial Intervention and a $30 Note of Issue in a contested one. Contested cases then add $45 for each motion filed, and outside expenses like process servers and certified copies can push the real cost well past what the court itself charges.
The Index Number Fee
Every divorce in New York begins with buying an index number from the county clerk. The number is the case’s permanent identifier, and nothing moves until it is assigned. Under CPLR § 8018, the county clerk collects $210 for that assignment, and the fee is due upfront before the clerk will accept any filing papers.1New York State Senate. New York Code CVP 8018 – Index Number Fees of County Clerks
Uncontested and Contested Fees Compared
The remaining court fees depend on whether both spouses agree, but the base arithmetic works out to $335 either way.
Uncontested Divorce
When both spouses agree and no judge needs to resolve disputes along the way, the only additional required fee is a $125 Note of Issue, which puts the case on the court’s calendar for final review. Added to the $210 index number, the total lands at $335.2New York Courts. New York State Filing Fees
Contested Divorce
When spouses disagree on property, custody, or support, a judge has to be assigned to the case. That assignment requires filing a Request for Judicial Intervention at a cost of $95.2New York Courts. New York State Filing Fees Once the RJI is paid and a judge is assigned, the Note of Issue fee drops to $30 rather than $125, so the base total again comes to $335.3New York State Senate. New York Code CVP 8020 – County Clerks as Clerks of Court
Motion Fees and Other Add-Ons in Contested Cases
The real cost difference in a contested divorce comes from motions. Every motion or cross-motion costs $45, and contested cases often involve several: temporary custody orders, pendente lite support, discovery disputes, and motions to compel disclosure can each carry a separate $45 charge.3New York State Senate. New York Code CVP 8020 – County Clerks as Clerks of Court A jury trial demand adds $65. Filing a stipulation of settlement costs $35.2New York Courts. New York State Filing Fees A contested case with four or five motions can easily reach $500 or more in court fees alone, before any attorney bills.
Costs Outside the Court’s Fee Schedule
Court fees are only part of what a divorce actually costs. Several expenses fall outside the court’s schedule and hit almost every filer.
Service of Process
New York requires the non-filing spouse to be formally served, and you cannot serve the papers yourself. A professional process server in the New York City area typically runs $75 to $100, and the price climbs if the other spouse is difficult to locate or actively avoids service. Some counties allow service by a friend or relative over 18 at no cost, but many filers prefer a professional because improper service can delay the whole case.
Certified Copies of the Judgment
Once the divorce is final, you will need certified copies of the judgment to update bank accounts, property titles, and insurance policies. County clerks charge a minimum of $5 for the first four pages and $1.25 for each additional page. Most filers order two or three copies.
Divorce Certificate From Vital Records
A divorce certificate from the New York State Department of Health is a separate document from the judgment, and some agencies and institutions ask for it specifically. Ordering by mail costs $30 per copy; online or phone orders run $45 plus a vendor processing fee.4New York State Department of Health. Divorce Certificates
Experts and Transcripts
Contested divorces with significant assets can generate steep outside costs. Court reporters typically charge $250 to $400 per appearance, plus $6.50 to $7.50 per page for transcripts. A forensic accountant brought in to trace assets or value a business generally bills $300 to $500 an hour. None of this is a court fee, but these charges catch many litigants off guard because they can dwarf everything paid to the court itself.
Fee Waivers for Filers Who Can’t Afford to Pay
If you cannot afford the court fees, CPLR § 1101 lets you apply to proceed as a “poor person.” The application is a sworn affidavit describing your finances, and a judge decides whether to waive the fees.5New York State Senate. New York Code CVP 1101 – Motion to Waive Costs, Fees, and Expenses
The affidavit must include:
- The amount and sources of all income you receive
- A list of any property you own and its value
- A statement that you lack the means to cover court costs
- Enough facts about the divorce for the court to see the case has substance
- Whether anyone else would benefit from the outcome, and if so, whether that person can pay
The court may also ask for a certificate from an attorney confirming the case has merit.5New York State Senate. New York Code CVP 1101 – Motion to Waive Costs, Fees, and Expenses The form is available at the county clerk’s office and should be filed with your divorce papers so the court can rule on the waiver before fees come due. If you already have a case running and need to ask for poor person status by motion, that motion itself carries no fee.3New York State Senate. New York Code CVP 8020 – County Clerks as Clerks of Court
How to Pay
The New York State Unified Court System runs an online payment portal that accepts credit cards. In counties that use NYSCEF for electronic filing, some fees can be paid during the e-filing process itself.
For in-person payments, go to the county clerk’s office where the case is filed. Most clerks take cash, money orders, and certified checks, and many also accept credit and debit cards, though methods vary by location. Call ahead to confirm what your county clerk takes, especially if you plan to pay by personal check, which some offices refuse.