Understanding New York’s Uncontested Divorce Process: A Step-by-Step Guide

What is an uncontested divorce in New York?

An uncontested divorce is one in which your spouse does not dispute the divorce or any of its terms. The spouse who files is the plaintiff; the other spouse, the defendant, either signs a form consenting to the divorce or does not respond after being served. If the defendant answers or otherwise fights the case, it becomes contested. Only the Supreme Court can grant a divorce in New York, and a judge reviews the papers even when both spouses agree.

Under DRL § 170(7), no judgment can be granted on the no-fault ground until the division of marital property (equitable distribution), maintenance or its waiver, child support, counsel and experts’ fees, and custody and parenting time are resolved by the spouses or decided by the court and incorporated into the judgment. In an uncontested divorce, the spouses resolve them, usually in a settlement agreement signed before or after the case is filed.

Who can file: residency and grounds for divorce in New York

Residency requirements

Residency is how long a spouse must have lived in New York before the case is filed. There is no six-month residency rule. Under DRL § 230, you can file if:

• either spouse has lived in New York continuously for at least two years before filing;
• either spouse has lived here continuously for at least one year before filing, and you married in New York, lived here as a married couple, or the grounds arose here; or
• the grounds arose in New York and both spouses live here when the case is filed.

Grounds for divorce

Grounds are the legal reasons for a divorce. DRL § 170 lists cruel and inhuman treatment; abandonment for one year or more; imprisonment for three or more consecutive years after the marriage; adultery; living apart for six months or more under a judgment of separation or a written separation agreement; and an irretrievable breakdown for at least six months.

Most uncontested divorces use the no-fault ground: one spouse states under oath that the relationship has broken down irretrievably for at least six months, and you do not have to live apart first. A 2025 amendment (Ch. 673, L. 2025) cut the separation-based periods from one year to six months for cases started on or after its February 2026 effective date. Fault grounds must be proven; spouses cannot simply agree that one applies.

What must a New York settlement agreement include?

A settlement agreement is a contract between spouses that resolves every issue in the divorce. It is not the same as a separation agreement, under which spouses live apart while still married; six months of living apart under a separation agreement can itself be a ground for divorce (DRL § 170(6)).

The agreement must be in writing, signed by both spouses, and acknowledged in the form required to record a deed, usually before a notary (DRL § 236(B)(3)). Most sworn court forms can now be signed as affirmations without a notary, but under Civil Practice Law and Rules (CPLR) 2106(b) that rule does not eliminate the acknowledgment requirement for matrimonial agreements; see our article on CPLR 2106 and affirmations.

Child support terms must state that you were advised of the Child Support Standards Act and that its guideline amount is presumptively correct. If you choose a different amount, the agreement must state the guideline amount and the reasons, and these recitals cannot be waived (DRL § 240(1-b)(h)); our support calculator gives a starting estimate. The agreement must also address each spouse’s health insurance after the divorce (DRL § 255(2)), and maintenance terms must be fair and reasonable when made and not unconscionable at judgment (DRL § 236(B)(3)).

Each spouse should have his or her own lawyer review the agreement before signing. If you are working with a mediator, see our guide to mediation in an uncontested divorce.

The uncontested divorce process in New York, step by step

These steps follow the New York courts’ uncontested divorce guidance and current court forms.

Step 1: Start the case in Supreme Court

The plaintiff files a summons with notice, or a summons and verified complaint, with the County Clerk and buys an index number. A summons with notice states that the action is for a divorce and lists the related relief sought; a verified complaint sets out the grounds and facts and is signed under penalty of perjury (DRL §§ 211, 232). The case is filed in a county where either spouse lives or, if there are minor children, where a child lives (CPLR 515).

The Notice of Automatic Orders and the Notice Concerning Continuation of Health Care Coverage are filed with the summons, along with the settlement agreement if it has been signed. The automatic orders limit property transfers and insurance changes during the case and bind the plaintiff on filing and the defendant on service (DRL § 236(B)(2)(b)); see our guide to automatic orders.

Step 2: Serve your spouse within 120 days

Service is the formal delivery of the court papers to the defendant, and it must be completed within 120 days after filing. With the summons and those two notices, the defendant receives the Notice of Guideline Maintenance, the Child Support Standards Chart if there are children under 21, and the plaintiff’s DRL § 253 statement where it applies.

A cooperating spouse can sign the consent form described in Step 3, which admits receipt of the summons. Otherwise, the papers must be handed to your spouse personally. In New York, the server must be a New York resident at least 18 years old who is not a party, and the server signs a sworn proof of service; different rules apply outside the state.

Step 3: Your spouse consents or defaults

The consent form is Form UD-7, titled Affirmation of Defendant (the court system’s help pages call it the Affidavit of Defendant). By signing it, the defendant admits service, waives the time to respond and the 40-day wait, and consents to placing the case on the uncontested divorce calendar immediately. It should be signed only after the summons is filed; the court system lists early signing among the common mistakes that cause delays.

A defendant who is served and does nothing is in default. The defendant has 20 days to respond if served in New York or 30 days if served elsewhere, and after a default the plaintiff must wait 40 days from service before filing the remaining papers.

Step 4: Submit the papers for judgment

The plaintiff then files the remaining papers with a Note of Issue, which places the case on the court’s calendar, and a Request for Judicial Intervention (RJI), which asks the court to assign a judge. The papers include:

• the plaintiff’s sworn affirmation, and the defendant’s consent form or the proof of service;
• proposed Findings of Fact and Conclusions of Law and a proposed Judgment of Divorce;
• the DRL § 253 statement where it applies, and the Certificate of Dissolution of Marriage;
• technical forms, such as an affirmation of regularity and a Part 130 certification; and
• in cases with children or support, income and support worksheets and related forms.

The settlement agreement is filed too, if it was not filed earlier. The court system cautions that some cases need other or different forms.

Step 5: The judge reviews the papers

The clerk and the judge review the papers. If the papers are in order and the divorce is granted, the judge signs the Judgment of Divorce, and the plaintiff is notified when it is ready. Errors such as inconsistent names or dates, missing proof of service, or notary defects can lead to rejection or delay.

Step 6: The judgment is entered and served

The signed judgment is filed with the County Clerk, which stamps it with the date of entry, and someone other than the plaintiff must serve the defendant with a copy and a Notice of Entry. The judgment states that each spouse may resume using a premarriage or other former surname (DRL § 240-a).

A certified copy, available from the County Clerk for a small fee, may be needed as proof of the divorce, for example for a government agency or to remarry. Then carry out the agreement’s terms, such as retitling property and updating beneficiary designations.

Step 7: The Certificate of Dissolution of Marriage

The Certificate of Dissolution of Marriage is a New York State Department of Health form (DOH-2168) that records basic facts about the spouses and when and where the marriage ended. The plaintiff completes it and submits it to the County Clerk with the divorce papers. The Department’s Vital Records office keeps these certificates for New York divorces since 1963, and either spouse can order a copy.

Religious marriages: the DRL § 253 sworn statement

The DRL § 253 sworn statement is a sworn confirmation about removing barriers to the other spouse’s remarriage. It is required when the marriage was performed, in New York or elsewhere, by a clergy member, minister or certain Ethical Culture leaders, the officiants described in DRL § 11(1); it does not apply to a purely civil ceremony.

In those marriages, no final judgment can be entered unless the plaintiff files and serves a sworn statement that, to the best of his or her knowledge, he or she has taken “all steps solely within his or her power” to remove all barriers to the defendant’s remarriage, or that the defendant waived this in writing (DRL § 253(3)). If the divorce is based on a separation judgment or agreement and the defendant appears without contesting, both spouses must file and serve such statements unless waived (DRL § 253(4)).

The statement goes on Form UD-4, and the defendant’s consent form has an optional box waiving it, which a defendant should not check without legal advice. In a Jewish marriage, the barrier is usually a Get that has not been given or accepted; see our page on Jewish divorce and the Get.

Uncontested divorce costs: our fixed fees and court fees

Neuhaus & Yacoob’s fixed fees are: No children $1,500; With children $2,000; With real estate $2,500 (court filing fees not included; payment plans available). See our uncontested divorce page for what each fee covers.

The court system lists at least $335 in court filing fees for an uncontested divorce, including $210 for the index number and $125 when the Note of Issue and RJI are filed, and a separate $35 fee to file a settlement agreement. If you have an extreme financial hardship, you can apply to have the court fees waived.

Is an uncontested divorce right for you?

The main advantage is control: you and your spouse decide the terms instead of a judge, and without a trial there are usually fewer court steps and lower legal costs. Privacy is not a deciding factor, because New York divorce files are confidential whether or not the case is contested; only the spouses and their lawyers may see them without a court order (DRL § 235).

It may not be the right path if you disagree about the children or support, you do not know what your spouse earns or owns, a business needs to be valued, there has been domestic violence or financial control, or your spouse will not sign the agreement. In those situations, get legal advice before anything is filed.

A lawyer is not required; the court system publishes the forms with instructions. A lawyer can draft an agreement with the required terms and explain what you are giving up before you sign.

Frequently Asked Questions

How long does an uncontested divorce take in New York?

There is no fixed timeline. Timing varies by county and court workload, and the clerk and the judge review the papers before the judge signs the judgment; many uncontested cases are completed within several months of the papers being submitted. Reaching and signing the settlement agreement comes first. The defendant must be served within 120 days of filing, and if the defendant defaults, the plaintiff must wait 40 days after service before submitting the final papers.

What are the requirements for an uncontested divorce in New York?

You must meet a residency rule in DRL § 230, which generally requires one or two years of continuous New York residence by either spouse; there is no six-month rule. You need a ground, usually a sworn statement that the marriage has broken down irretrievably for at least six months (DRL § 170(7)). Your spouse must consent or not respond, and property, support, counsel fees, custody and parenting time must be resolved before judgment.

How much does an uncontested divorce cost in New York?

Neuhaus & Yacoob charges a fixed fee: No children $1,500; With children $2,000; With real estate $2,500 (court filing fees not included; payment plans available). Court fees are separate: the New York courts list at least $335 in filing fees for an uncontested divorce, including $210 for the index number and $125 when the Note of Issue and RJI are filed. A fee waiver may be available for extreme financial hardship.

If you and your spouse agree on the terms, Joel Yacoob can prepare the settlement agreement and the court papers and handle the filing for a fixed fee. Learn more about our uncontested divorce services or start your case online. Consultations are by phone or video; call (718) 975-1123, Monday through Friday, 9 a.m. to 7 p.m.

---

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. The law changes and every situation is different; consult a lawyer about your own circumstances.