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:

1. 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.
2. 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.
3. Acknowledgment. The defendant spouse signs an Affidavit of Defendant acknowledging service and consenting to the entry of judgment.
4. 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.
5. 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.

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.