Uncontested Divorce in New York

A divorce is uncontested when both spouses agree on everything: that the marriage is over, how property and debts are divided, whether maintenance is paid, and, if there are children, custody, parenting time, and child support. When that agreement exists and is put in writing, the divorce can be granted on paper without either spouse appearing in court. This page explains the ground, the agreement, the paperwork, the fees, and the timeline.

What is the ground?

Since 2010, New York has had a no-fault ground. Under DRL 170(7), a divorce is granted where the relationship between the spouses has broken down irretrievably for at least six months, as stated under oath by one spouse. No one has to prove fault and the other spouse cannot contest the statement. The only condition is that all of the economic and custody issues must be resolved by agreement or by the court before the judgment is entered.

The other grounds still exist. Cruel and inhuman treatment, abandonment for one year, imprisonment for three years, adultery, and the two conversion grounds. In February 2026, the Legislature's Chapter 673 of the Laws of 2025 took effect and shortened the conversion grounds: a divorce based on a separation judgment or a written separation agreement now requires living apart for six months rather than one year, and DRL 200 now includes a no-fault ground for a judgment of separation. For nearly everyone, though, the no-fault ground under 170(7) is the one used.

Who can file here?

DRL 230 requires a connection to New York. The most common ways to satisfy it are that the parties were married in New York and either has lived here for a year, that the parties lived here as a married couple and either has lived here for a year, that the ground arose here and either has lived here for a year, or that either party has lived here for two continuous years.

What goes in the agreement?

The stipulation of settlement or separation agreement is the heart of the case. It has to address every issue the statute requires, in language the court will accept, and it has to contain the recitals the law requires when the parties deviate from the child support or maintenance guidelines. A child support provision that does not state what the guideline amount would have been and why the parties chose a different figure can be set aside years later. A maintenance waiver that does not recite the guidelines can be refused. The agreement also has to be signed and acknowledged in the manner required for a deed, the same rule that applies to prenuptial agreements. This is the document to spend the money on. The forms that follow it are mechanical.

What are the forms?

The Office of Court Administration publishes an uncontested divorce packet that was last revised March 1, 2026, to reflect the six-month separation change. Every form in it is on my forms page. In order of use, the process runs as follows.

1. Commencement. The Summons with Notice or Summons and Verified Complaint is filed with the County Clerk, which assigns an index number, together with the Notice of Automatic Orders, the Notice of Guideline Maintenance, and the Notice Concerning Continuation of Health Care Coverage. The Notice of Automatic Orders was revised January 20, 2026, to add a sixth order requiring notice within ten days of any tax lien, foreclosure, bankruptcy, or litigation affecting marital property.
2. Service. The defendant is served personally within 120 days and the Affidavit of Service is completed. If the defendant signs an Affidavit of Defendant, which admits service and consents to the case being placed on the calendar, no separate answer is needed.
3. The financial papers. Where there are children, the Child Support Worksheet, the Annual Income Worksheet, the Support Collection Unit Information Sheet, the Qualified Medical Child Support Order, and the Child Support Summary Form. Where maintenance is at issue, the Maintenance Guidelines Worksheet. The child support worksheet must use the current cap of 193,000 dollars and the maintenance worksheet the cap of 241,000 dollars.
4. The judgment papers. The Affidavit of Plaintiff, the Affirmation of Regularity, the Note of Issue, the Request for Judicial Intervention with the matrimonial addendum, the Part 130 Certification, the Sworn Statement of Removal of Barriers to Remarriage where the marriage was solemnized religiously, the proposed Findings of Fact and Conclusions of Law, the proposed Judgment of Divorce, and the Certificate of Dissolution for the Department of Health.
5. After signing. The Notice of Entry and the Affidavit of Service by Mail of the Judgment, so that the judgment is served on the defendant and the time to appeal begins to run.

What does it cost?

The court fees are fixed. The index number is 210 dollars, the Request for Judicial Intervention is 95 dollars, and the Note of Issue is 30 dollars, for a total of 335 dollars in court fees. The County Clerk charges separately for certified copies. A party who cannot afford the fees can apply to proceed as a poor person, and those forms are on my forms page as well.

Attorney's fees for an uncontested divorce depend on the complexity of the agreement, not the forms. A couple with no children, no house, and no retirement accounts is a different matter from a couple with three children and a business, even if both cases are uncontested. We quote the fee for the agreement and the papers after the consultation, once we know what the agreement has to cover, and the fee and billing page explains how matrimonial fees work in New York.

How long does it take?

The agreement takes as long as the parties take to reach it. Once it is signed, the papers can be prepared and filed within a few weeks. From filing to a signed judgment, the wait in Suffolk and Nassau is typically two to four months depending on the court's calendar. Nobody appears in court in a properly prepared uncontested case.

Can we do this remotely?

Yes. Our office works with clients across Suffolk and Nassau County remotely. Documents are exchanged electronically, the agreement is reviewed by video, and signatures are acknowledged before a notary in person or, where the requirements are met, through electronic notarization under Executive Law 135-c. The filing itself can be done through the court's electronic filing system in Suffolk and Nassau with the consent of both parties.

Call 516-928-5838 or use the contact form to schedule a free thirty-minute consultation.