Queens Uncontested Divorce Lawyer

Uncontested divorce for Queens 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)). Your agreement goes into a written settlement agreement, signed by both of you and acknowledged like a deed (DRL § 236(B)(3)), and the court papers are built around it. We prepare both for Queens residents, with consultations by phone or video.

The Queens County courts

Queens divorces are filed in the Supreme Court, Queens County, at 88-11 Sutphin Boulevard, Jamaica, NY 11435. The court runs a do-it-yourself form program for people who file without a lawyer; a lawyer adds the most value in drafting the settlement agreement and making sure it matches the papers, which is where most rejections and delays start. You can file in Queens if you or your spouse lives there, or if a minor child of the marriage does (CPLR 515). The Queens County Family Court, at 151-20 Jamaica Avenue, hears custody and support petitions but cannot grant a divorce.

If you married in another country

Where you married does not decide where you can divorce. If one of you meets New York's residency rules, a New York court can grant the divorce (DRL § 230), and New York generally recognizes a marriage that was valid where it was performed; see foreign marriage recognition. The papers state the date and place of the marriage and who performed it. If an affidavit or exhibit attached to the court papers, such as a foreign marriage certificate, is in another language, it must be accompanied by an English translation and an affidavit from the translator stating his or her qualifications and that the translation is accurate (CPLR 2101(b)). If either of you was married and divorced before, especially abroad, check that the earlier divorce is valid before relying on it; see recognition of foreign divorces.

If your spouse lives abroad

An uncontested divorce is still possible. Your spouse's consent is given in an Affirmation of Defendant (court form UD-7), which is signed under penalty of perjury and does not need a notary. The settlement agreement must still be acknowledged, which abroad usually means a U.S. consular officer or a foreign notary with additional certification. If your spouse will not sign anything, the case can proceed after formal service, but service abroad follows its own rules and can take much longer.

The house: sale, buyout or keeping it

For a two- or three-family house, the agreement should cover more than who keeps the deed. It should say who collects rent and pays the mortgage, taxes and insurance until the transfer or sale, how security deposits and existing leases are handled, and when the departing spouse will be released from the mortgage. A settlement agreement does not bind the lender, so a buyout usually needs a refinance. If a parent or sibling co-owns the property, their share is not divided, but the agreement should be consistent with any arrangements among the owners.

Children, support and health insurance

With children, the agreement must cover custody, parenting time and child support. 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)). The agreement must also address each spouse's health insurance after the divorce (DRL § 255(2)). Our support calculator gives a starting estimate.

Changing your name back

Every New York judgment of divorce must include a provision that each spouse may resume the use of his or her premarriage surname or any other former surname (DRL § 240-a). A certified copy of the judgment is what you show the Social Security Administration, DMV and banks.

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.