Uncontested Divorce Lawyer in New York

What makes a divorce uncontested in New York

A divorce is uncontested when your spouse does not oppose it and the two of you have resolved the issues the court must decide. In practice, your spouse either signs an Affidavit of Defendant agreeing to the divorce or does not respond after being served, and your agreement on property, support and children is written into a settlement agreement. If your spouse instead appears and contests the case, it becomes a contested divorce. In New York, only the Supreme Court can grant a divorce.

Who qualifies for an uncontested divorce

Residency

Under Domestic Relations Law (DRL) § 230, you qualify if either spouse has lived in New York continuously for at least two years before the case is filed. One year of continuous residence by either spouse is enough if you married in New York, lived here as a married couple, or the grounds for divorce arose here. If the grounds arose in New York and both spouses live here when the case is filed, no minimum period applies. There is no six-month residency rule.

Grounds

Most uncontested divorces use the no-fault ground: one spouse states under oath that the marriage has broken down irretrievably for at least six months (DRL § 170(7)). You do not have to live apart first.

A divorce can also be based on living apart for six months or more under a judgment of separation, or under a written separation agreement that was signed, acknowledged and filed with the county clerk (DRL § 170(5), (6)). A 2025 amendment shortened that period from one year for cases started on or after its February 2026 effective date. Fault grounds, such as abandonment or adultery, must be proven, even when the other spouse does not respond.

What must be agreed before the judgment

Under DRL § 170(7), no judgment can be granted until equitable distribution of marital property, the payment or waiver of maintenance, child support, counsel fees, and custody and parenting time have been resolved by the spouses or decided by the court and incorporated into the judgment. A settlement agreement covering these issues must be in writing, signed and acknowledged like a deed (DRL § 236(B)(3)). It must also address each spouse’s health insurance coverage after the divorce (DRL § 255(2)), and child support terms must include the recitals the Child Support Standards Act requires (DRL § 240(1-b)(h)). Our child support and maintenance calculator gives a starting estimate.

The steps, as the New York courts describe them

1. Start the case. The plaintiff files a Summons with Notice, or a Summons and Verified Complaint, with the County Clerk and buys an index number (DRL § 211). The case is filed in a county where either spouse lives or, if you have minor children, where a child lives (CPLR 515). The Notice of Automatic Orders and the Notice Concerning Continuation of Health Care Coverage are served with the summons.
2. Serve the defendant. An adult other than the plaintiff delivers the papers to the defendant in person within 120 days of filing and signs an Affidavit of Service.
3. The defendant’s response. The defendant signs an Affidavit of Defendant agreeing to the divorce, or does not respond within 20 days (30 days if served outside New York). A defendant who appears and contests makes the case contested.
4. Submit the papers for judgment. The remaining papers are filed with a Note of Issue and a Request for Judicial Intervention. They include the plaintiff’s sworn statement, proposed Findings of Fact and Conclusions of Law, the proposed Judgment of Divorce, the settlement agreement if it was not filed earlier, the DRL § 253 sworn statement where it applies, and the Certificate of Dissolution form that the Department of Health requires. If the defendant did not respond, the plaintiff must wait 40 days after service before filing these papers.
5. The judge’s review. The clerk and the judge review the papers. If there are no problems, the judge signs the Judgment of Divorce.
6. Entry and service of the judgment. The signed judgment is filed with the County Clerk, and a copy with a Notice of Entry is served on the defendant. An official, stamped copy of the judgment is available for a small fee; you may need one to prove the divorce, for example if you remarry.

The court system explains each step on its CourtHelp uncontested divorce pages. The automatic orders, which limit transfers of property and changes to insurance while the case is pending, are explained in our guide to automatic orders in a New York divorce.

How long it takes and what it costs

Timing varies by county and court workload. The clerk and the judge review the papers before the judge signs the judgment, and many uncontested cases are completed within several months of the papers being submitted. The time it takes to agree on terms and sign the settlement agreement comes before that.

Our fixed fee depends on whether you have children or real estate; the fees are listed on this page. Court filing fees are separate. The court system lists at least $335 in filing fees for an uncontested divorce, including $210 for the index number, and a fee waiver may be available in cases of financial hardship. Payment plans are available for our fee.

Religious marriages and the DRL § 253 sworn statement

If a member of the clergy or another officiant listed in DRL § 11(1) performed your marriage, the plaintiff must file and serve a sworn statement before judgment confirming that he or she has taken all steps solely within his or her power to remove barriers to the other spouse’s remarriage, unless the other spouse waived this in writing (DRL § 253). For Jewish couples, this is where the civil divorce and the Get meet. See our page on Jewish divorce and the Get.

When an uncontested divorce may not be the right fit

An uncontested divorce works when both spouses have the information and the freedom to agree. It may not be the right path if:

• you disagree about custody, parenting time or relocation;
• you are not confident you know what your spouse earns or owns, or a business or other asset needs to be valued;
• there is a history of domestic violence, threats or financial control; or
• your spouse will not sign the settlement agreement.

In those situations, a negotiated settlement with full financial disclosure, or a contested case, may protect your interests better. See contested and high-net-worth divorce and child custody and parenting time. If you are weighing mediation, read the benefits of mediation in an uncontested divorce.

What you will need to provide

• both spouses’ names and addresses, and the date and place of the marriage, including who performed it;
• how long each of you has lived in New York;
• your children’s names and dates of birth, and the parenting schedule you have agreed on;
• income information for both spouses, such as recent tax returns and pay stubs;
• a list of assets and debts, including bank, investment and retirement accounts;
• for real estate, the deed and mortgage information; and
• health insurance information for each spouse and the children.

What our fixed fee includes

Each fixed fee includes complete divorce package preparation, drafting of the settlement agreement, preparation and filing of the court papers, and support throughout the process. Joel Yacoob personally handles every case, and consultations are by phone or video. For a fuller walk-through, read our step-by-step uncontested divorce guide. To begin, start your case online or call (718) 975-1123, Monday through Friday, 9 a.m. to 7 p.m.