Bronx Uncontested Divorce Lawyer

Uncontested divorce for Bronx residents

A divorce is uncontested when your spouse does not oppose it and the two of you have resolved the division of property, maintenance or its waiver, child support, counsel fees, and custody and parenting time, which must all be settled or decided before a no-fault judgment can be entered (DRL § 170(7)). Those terms go into a written settlement agreement, signed by both of you and acknowledged like a deed (DRL § 236(B)(3)). We prepare the agreement and the court papers for Bronx residents, with consultations by phone or video.

The Bronx courts

Only the Supreme Court can grant a divorce. Bronx divorces are filed in the Supreme Court, Bronx County, at 851 Grand Concourse. The Bronx Family Court, at 900 Sheridan Avenue, hears custody, visitation, support and family offense cases, but cannot end a marriage. You can file in the Bronx if you or your spouse lives there, or if a minor child of the marriage does; if your spouse lives in Westchester or another county, either county is generally available (CPLR 515). You must also meet the residency rules in DRL § 230.

If you already have Family Court orders

Many couples reach a divorce after a Family Court case about custody, visitation or child support. Tell us about every existing order. The settlement agreement and the judgment should say whether each order continues, is changed or is replaced, so that two courts are not enforcing different terms. Support already owed under an order does not disappear because of the divorce, and the agreement should say how any arrears will be paid. If there is an order of protection, or a history of violence or threats, an uncontested divorce may not be the right path; see Family Court and our Bronx divorce page.

Child support terms the court will review

The court reviews child support terms even when both parents agree. The agreement must recite that you were told about the Child Support Standards Act and, if you depart from the guideline amount, state that amount and the reasons (DRL § 240(1-b)(h)). It should also say whether payments go directly to the other parent or through the Support Collection Unit, how health insurance and unreimbursed medical costs are shared, and how child care costs are handled. The agreement must address each spouse's health insurance after the divorce (DRL § 255(2)). Our calculator gives a starting estimate.

Pensions and retirement accounts

The part of a pension earned during the marriage is marital property (Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)). If you agree to share a pension, whether from a city, state, union or private plan, the agreement should say how it is divided, who prepares the separate court order the plan requires (a domestic relations order or QDRO), and whether survivor benefits are included. Spouses can also agree that each keeps his or her own pension, often in exchange for another asset.

If you cannot afford the court fees

The court system lists at least $335 in filing fees for an uncontested divorce, including $210 for the index number. A person who cannot afford them can ask the court to waive them (CPLR 1101). Our fixed fee is separate, and payment plans are available.

The full step-by-step process, from the Summons With Notice to the Notice of Entry, is on our main uncontested divorce page and in our uncontested divorce guide.