Manhattan Uncontested Divorce Lawyer

Uncontested divorce for Manhattan residents

A divorce is uncontested when your spouse does not oppose it and the two of you have resolved every issue the court must decide: the division of property, maintenance or its waiver, child support, counsel fees, and custody and parenting time. All of these must be settled or decided before a no-fault judgment can be entered (DRL § 170(7)). In Manhattan those issues often involve an apartment, retirement accounts and equity compensation, and the settlement agreement has to deal with each of them precisely. Only the Supreme Court can grant a divorce in New York.

Where a Manhattan divorce is filed

Manhattan divorces are filed in the Supreme Court, New York County, at 60 Centre Street. The court's uncontested matrimonial instructions say uncontested actions can be e-filed through NYSCEF, the court system's electronic filing site. Under CPLR 515, you can file in New York County if either spouse lives in Manhattan, or if a minor child of the marriage lives there. You must also meet the residency rules in DRL § 230: usually one year of continuous New York residence by either spouse if you married here, lived here as a married couple or the grounds arose here, and otherwise two years; no minimum period applies if both spouses live in New York and the grounds arose here. The New York County Family Court, at 60 Lafayette Street, hears custody and support petitions but cannot grant a divorce.

Dividing a co-op or condo

If you own an apartment together, the agreement usually provides for one of three outcomes: one spouse buys out the other, the apartment is sold and the proceeds divided, or one spouse keeps living there for a time before a sale. A buyout has practical steps the agreement should anticipate. The spouse who keeps the apartment usually needs to refinance or obtain the lender's release, because the settlement agreement does not change who owes the bank. For a co-op, the transfer of shares and the proprietary lease runs through the building's own process, so check the proprietary lease and building rules early. Until the transfer or sale closes, the agreement should say who pays the mortgage, maintenance and repairs.

Retirement accounts, bonuses and equity awards

Retirement accounts are often the largest asset after a home. An IRA can usually be divided by a direct transfer under the agreement, but a 401(k) or pension needs a separate court order (a QDRO or domestic relations order) after the judgment. Bonuses and unvested restricted stock or options granted during the marriage need clear language: which awards are shared, how each one is split as it vests, and how taxes are handled. New York courts divide equity awards with time-based formulas (DeJesus v. DeJesus, 90 N.Y.2d 643 (1997)), and an agreement can follow that approach or set a simpler rule.

Support terms the court will check

Even when spouses agree, the court reviews child support and maintenance terms. Child support terms 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)). For higher incomes, the guideline formulas apply up to the current caps of $193,000 in combined parental income for child support and $241,000 of the payor's income for maintenance, and the court has discretion above those levels. The court papers include an annual income worksheet and a maintenance guidelines worksheet. Our support calculator gives a starting estimate; see also child support above the cap.

Privacy

Matrimonial files in New York are not open to the public. Under DRL § 235, papers in a matrimonial action may be inspected only by the parties, their attorneys and others the court permits. That protection applies to uncontested divorces too, though a settlement agreement you later need to show a bank or a co-op board will be seen by them.

If your spouse lives abroad or in another state

An uncontested divorce is still possible. Your spouse's consent is given in an Affirmation of Defendant, a court form (UD-7) signed under penalty of perjury rather than before a notary. The settlement agreement is different: it must be acknowledged in the form required to record a deed (DRL § 236(B)(3)), which abroad usually means a U.S. consular officer or a foreign notary with additional certification. We will tell you exactly what your spouse's location requires.

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.