Uncontested Divorce in New York City

An uncontested divorce is the fastest and least expensive way to end a marriage in New York. It is available when both spouses agree on every major issue: grounds, custody and parenting time, child support, spousal maintenance, and division of property and debts. When those terms are settled, the divorce becomes paperwork — not litigation.

When Uncontested Divorce Works

Uncontested divorce is appropriate when the spouses are willing to negotiate in good faith and disclose their finances honestly. It is usually a good fit if:

The marriage has been irretrievably broken for at least six months (DRL § 170(7), New York's no-fault ground).
There are no minor children, or the parents have already agreed on custody, parenting time, and child support.
The spouses agree on how to divide real estate, retirement accounts, bank accounts, debts, and personal property.
At least one spouse has lived in New York long enough to satisfy DRL § 230's residency requirements.

It is not a good fit if one spouse refuses to engage, is hiding assets, or if there is a significant power imbalance. In those situations, a contested divorce — or at least a more aggressive settlement posture — is the right answer.

How the Process Works

An uncontested divorce in New York generally proceeds as follows:

Settlement agreement. The spouses sign a written Stipulation of Settlement (or Separation Agreement) resolving every issue. This contract survives the divorce and is enforceable on its own terms.
Summons and complaint. The plaintiff spouse files a Summons with Notice or Summons and Verified Complaint in Supreme Court in the county of venue, asserting the no-fault ground.
Acknowledgment. The defendant spouse signs an Affidavit of Defendant acknowledging service and consenting to the entry of judgment.
Submission of papers. The plaintiff submits the full uncontested divorce packet — affidavits, Note of Issue, child support worksheets if applicable, proposed Findings of Fact, and proposed Judgment — to the assigned matrimonial part.
Judgment. Once the judge signs the Judgment of Divorce and it is entered with the County Clerk, the marriage is legally over.

Most of our uncontested cases never require a courtroom appearance.

Cost and Timeline

Fees vary depending on whether the spouses already have a written agreement or whether we are negotiating and drafting the agreement from scratch. We are happy to quote a flat fee after a brief intake call.

Timing is largely a function of how quickly the courts process the packet. In most counties an uncontested divorce takes between two and four months from filing to signed Judgment. See how long a divorce takes in New York and how much a divorce costs in NY for a fuller discussion.

What Must Be in the Settlement Agreement

The Stipulation of Settlement is the heart of an uncontested divorce. It is a binding contract that the court incorporates — but does not merge — into the Judgment of Divorce. That means it continues to exist as an independent contract even after the divorce is final, which gives both spouses additional enforcement options. A well-drafted agreement should address every issue the court would otherwise have to decide, so that there is nothing left for a judge to rule on.

At a minimum, a New York uncontested settlement agreement should cover:

Grounds. Recital that the marriage has been irretrievably broken for at least six months under DRL § 170(7), and that the parties wish to resolve all ancillary issues by agreement.
Equitable distribution. A complete inventory and allocation of marital property and marital debts, including real estate, vehicles, bank and brokerage accounts, retirement plans, pensions, business interests, and personal property, with carve-outs for any separate property each spouse is keeping.
Spousal maintenance. Either an amount and duration of post-divorce maintenance calculated with reference to the statutory guideline, or a knowing waiver of maintenance by each spouse.
Custody and parenting time. Legal and physical custody designations, a detailed regular-week schedule, a holiday and school-break schedule, vacation rules, and decision-making protocols for education, medical care, and religion.
Child support. Basic child support calculated under the Child Support Standards Act, allocation of add-on expenses (health insurance, unreimbursed medical, child care, and where appropriate education), and provisions for payment method and life insurance security.
Health insurance. Continuation, conversion, or replacement of health coverage for both spouses and any children, including any COBRA election that will be made.
Taxes. Filing status for the year of divorce, allocation of dependency exemptions or child tax credits where applicable, and responsibility for prior-year joint returns.
Name change. Whether either spouse wishes to resume a former name as part of the Judgment of Divorce.
Mutual releases and general provisions. Waivers of estate claims, confidentiality, dispute-resolution clauses, and acknowledgments that each spouse had the opportunity to consult counsel.

Residency and Grounds in More Detail

Before filing, the case must satisfy the residency requirements of DRL § 230. The most common path is that one or both spouses have lived continuously in New York for at least one year and either the parties were married in New York, lived as a married couple in New York, or the grounds arose in New York. If those facts do not apply, a two-year continuous residency by either spouse alone is sufficient. Residency is jurisdictional — if it is not pleaded and proven, the court cannot grant the divorce, even on consent.

For grounds, virtually every uncontested case today proceeds under DRL § 170(7), the no-fault ground that the marriage has been irretrievably broken for a period of at least six months. The statute allows one spouse to swear to the breakdown; the other spouse does not have to agree on that point. However, before a Judgment of Divorce can be entered on the no-fault ground, the financial and custody issues must be resolved — either by agreement or by the court — which is exactly what an uncontested filing accomplishes.

The Uncontested Divorce Packet

Uncontested divorces in New York are processed on submission, meaning the judge reviews a complete paper packet and signs the Judgment without a hearing. The packet is standardized statewide and typically includes the Summons and Verified Complaint (or Summons with Notice followed by the Complaint), the Affidavit of Plaintiff, the Affidavit of Defendant, the Note of Issue, the proposed Findings of Fact and Conclusions of Law, the proposed Judgment of Divorce, the Statement of Net Worth where required, the Child Support Worksheets when there are minor children, the USC-111 Certification, and the Notice of Entry. Each county clerk's office checks the packet for completeness before forwarding it to the matrimonial part.

If anything is missing or inconsistent — a wrong date, a missed signature, an unsigned notary block, a math error in the child support calculation — the packet is rejected and returned. Those rejections are the single biggest cause of delay in uncontested cases, and most of them are avoidable with careful preparation.

Common Mistakes to Avoid

Skipping financial disclosure. Even in an amicable divorce, both spouses should exchange a Statement of Net Worth and supporting documentation. Without it, an agreement can be attacked later for fraud or duress.
Forgetting retirement accounts. 401(k)s, IRAs, and pensions are marital property to the extent they were earned during the marriage. Dividing them usually requires a Qualified Domestic Relations Order (QDRO) or equivalent — the divorce judgment alone is not enough.
Vague parenting schedules. "Reasonable visitation" is a recipe for future motion practice. Specify days, times, exchange locations, and how holidays rotate.
Ignoring the child support guideline. Parents can agree to deviate, but the agreement must recite the presumptive guideline amount and the reasons for the deviation, or the court will reject it.
Forgetting to update beneficiaries. After the judgment is signed, both spouses should update life insurance, retirement plan, and payable-on-death beneficiaries. Divorce does not automatically remove an ex-spouse from many of these designations.
Filing in the wrong venue. Venue in New York matrimonial cases is generally the county where either spouse resides. Filing in the wrong county can cause transfer delays.

Uncontested Divorce With Children

When minor children are involved, the court reviews the custody and child support terms more carefully even in an uncontested case. The judge must be satisfied that the parenting arrangement is in the best interests of the children and that child support either complies with the Child Support Standards Act or, if it deviates, that the parties have given an adequate reason. The agreement should include the statutory recitals: each parent's income, the calculation of the basic support obligation under DRL § 240(1-b), the pro-rata shares of add-on expenses, and the basis for any deviation from the guideline.

Health insurance for the children must be addressed. Where one parent has access to coverage through employment, the agreement will typically require that parent to maintain it, with the other parent contributing a pro-rata share of any premium attributable to the children. Unreimbursed medical and dental expenses are shared in the same proportion as basic income.

Frequently Asked Questions

Do both spouses need their own lawyer?

Only one lawyer can ethically represent both spouses, and in New York the convention is that one spouse retains counsel to draft and file the divorce while the other spouse is given the opportunity to review the agreement with independent counsel. That is not a requirement, but it strengthens the agreement against later challenge. If both spouses want their own attorneys, the case is still uncontested as long as they reach agreement on every issue.

Do we have to appear in court?

Most uncontested divorces in New York are decided on the papers, without any appearance. Some judges set short calendar calls or inquests, especially when children are involved or when the agreement contains unusual terms, but in the typical case neither spouse ever sees the courthouse.

How long does the defendant have to sign?

The defendant's Affidavit of Defendant must be signed within a defined window relative to service of the Summons. If the defendant signs promptly, the case can be filed immediately as an uncontested matter. If the defendant delays past the response deadline, the case can still proceed by default, but the procedure shifts and additional papers are required.

Can we change the agreement later?

Child-related provisions — custody, parenting time, and child support — can always be modified by the court on a showing of changed circumstances. Property division, by contrast, is generally final once the judgment is signed and is very difficult to undo. Maintenance can be modified only in narrow circumstances spelled out in the agreement and the statute.

What happens to the marital residence?

The agreement should state clearly whether the home will be sold, transferred to one spouse, or retained jointly for a defined period. If one spouse is keeping the home, the agreement should address refinancing the mortgage to remove the other spouse's name, the deadline for refinancing, and what happens if refinancing is not possible.

Speak With an Attorney

If you and your spouse are ready to end the marriage on agreed terms, we can prepare and file the entire packet for you. Call us at 212-233-1233 or email [email protected] for a confidential consultation.