Complete Guide to Uncontested Divorce in New York
What Makes a Divorce Uncontested in New York?
An uncontested divorce is one where both spouses agree on every major issue: grounds for divorce, division of assets and debts, parenting schedules, child support, and spousal support. Because there is no courtroom litigation, families can finalize the divorce faster and with dramatically lower legal expenses.
- Both parties sign a detailed settlement agreement.
- No hearings are required other than the final review by a judge.
- Paperwork can be prepared remotely and filed electronically in many counties.
Eligibility Checklist
New York requires that at least one spouse meets the residency rules and that the marriage qualifies for the state’s no-fault grounds. Couples must also reach full agreement before submitting their packet.
- Meet one of the state residency combinations (two years, one year with marriage in NY, or six months with both spouses living in the state).
- Agree to cite the “irretrievable breakdown” no-fault ground.
- Resolve parenting plans, finances, and property distribution in writing.
Step-by-Step Filing Roadmap
- Prepare the Summons, Verified Complaint, Sworn Statement of Removal of Barriers to Remarriage, and the Settlement Agreement.
- File with the appropriate Supreme Court in the county where either spouse lives.
- Serve your spouse formally even if you have already signed the agreement.
- Submit the final packet for judicial review, including findings of fact, judgment of divorce, and ancillary forms.
- Receive the signed judgment and update insurance, titles, and beneficiary designations.
Critical Documents to Assemble
Organized paperwork keeps the review process smooth. Gather marriage certificates, financial affidavits, statements for retirement accounts, deeds or leases, and parenting schedules. If the marriage involved children, add child support worksheets, parenting plan calendars, and proposed decision-making structures.
Timeline and Cost Expectations
Most uncontested divorces in New York City finalize within three to six months of filing, depending on county backlog and the completeness of the packet. Filing fees total roughly $335. Attorney-assisted uncontested divorces range between $1,200 and $3,000, which is still a fraction of contested matters.
Guidance From NYC Specialists
Working with a focused uncontested divorce team ensures every form is compliant with county requirements. Our attorneys prep the packet, monitor the court queue, and stay in touch until the signed judgment is delivered, letting couples move forward with confidence.