New York Uncontested Divorce FAQs

If you find yourself reading this page, you and your spouse may be considering a divorce in New York. An uncontested divorce provides you with many advantages as the court procedures are streamlined. To discuss the details of your divorce and to see if you qualify for an uncontested divorce, contact our law firm for a free and confidential consultation.

A simple, non-confrontational divorce can save substantial amounts of time and money.

What is an uncontested divorce in New York?

When both parties agree on getting a divorce, and can come to an agreement on all terms, including child custody, visitation schedule, spousal and child support obligations, along with equitable distribution of their assets and liabilities, then an uncontested divorce is a viable option to consider. Once both parties are in agreement, one of our skilled attorneys will draft a stipulation of settlement to finalize the divorce.

What are the advantages of an uncontested divorce?

There are many advantages, the biggest one is that the two parties have total control over the outcome. All terms are agreed upon by the two parties that are divorcing, rather than a judge. It’s considerably less expensive, much faster, and not as emotionally taxing.

Why do I need a lawyer for a New York uncontested divorce?

It’s certainly advisable to have legal counsel for filing and negotiating an uncontested divorce. Each New York county has their own requirements. New York State has many forms that need to be completed in the uncontested divorce packet, and those can be overwhelming and complicated. If an unrepresented person fails to follow proper procedure, their application can be rejected, which delays the process and could result in a dismissal if the proper corrections are not made timely.

How long does an New York uncontested divorce take?

When both parties are in full agreement on terms, and required forms are completed and signed, it typically takes 3 to 6 months from the date the final documents are filed with the court.

Do I need my spouse’s signatures on divorce papers or permission to file an uncontested divorce in New York?

No. The only requirement is that spouse is properly serviced notice of divorce through personal service. Their failure to respond within 30 days, will result in a default divorce case and paperwork can be filed as an uncontested divorce. If one of the spouses fails to appear in a divorce action, then the other party can proceed with an uncontested divorce.

What concerns are there for couples that have children?

The divorcing parties must agree upon legal and physical custody, financial obligations and a visitation schedule. Child support is based on a calculation of income, so with help of an attorney, it’s easy to calculate.

Could an application for uncontested divorce be rescinded, if the two parties don’t agree on terms?

In New York, a divorce is initiated by filing a Summons of divorce – there is no indication that the divorce is uncontested or contested by the filing. The two parties can start off with best of intentions to resolve their terms together, but if an amicable agreement cannot be reached, then a Request for Judicial Intervention can be filed, and the divorce can proceed with reliance on a judge to determine the outcome.

What exactly makes a divorce “uncontested” in New York?

An uncontested divorce occurs when both spouses agree on all terms of the divorce, including division of assets, child custody arrangements, spousal support, and any other relevant matters. Neither party disputes any aspect of the divorce agreement, making it a more streamlined and typically less expensive process.

How long does an uncontested divorce typically take in New York?

The process generally takes between 3-6 months from filing to finalization, assuming all paperwork is completed correctly and both parties remain cooperative throughout. However, timing can vary based on court schedules and specific circumstances of your case.

Do both spouses need to appear in court for an uncontested divorce?

In most uncontested divorce cases, only one spouse needs to appear in court, if at all. Many uncontested divorces can be completed through paper submissions, especially if there are no minor children involved and all agreements are clearly documented.

What documentation do I need to prepare for an uncontested divorce?

You’ll need to gather several essential documents, including marriage certificates, tax returns, bank statements, property deeds, vehicle titles, and documentation of any joint debts. A complete financial disclosure from both parties is required, even in uncontested cases.

Can I file for an uncontested divorce if I don’t know where my spouse is?

Yes, you can still proceed with an uncontested divorce through a process called “service by publication” if you’ve made reasonable attempts to locate your spouse. This requires additional court approval and typically involves publishing notice in newspapers where your spouse was last known to reside.

Is there a residency requirement for filing an uncontested divorce in New York?

Yes, either you or your spouse must have lived in New York continuously for at least two years before filing for divorce. However, this requirement reduces to one year if you were married in New York or lived in the state as a married couple.

What happens if my spouse and I reconcile during the uncontested divorce process?

You can halt the divorce proceedings at any time before the judge signs the final judgment. Simply file a statement of discontinuance with the court, signed by both parties, indicating your desire to stop the divorce process.

Are there separate proceedings needed for child custody in an uncontested divorce?

If both parents agree on all aspects of custody, visitation, and support, these arrangements can be included in your divorce agreement without separate proceedings. However, the court will review these arrangements to ensure they serve the best interests of the children.

Can I change my name as part of the uncontested divorce process?

Yes, you can request to resume use of your maiden name or a previous legal name as part of your divorce decree. This request should be included in your initial divorce paperwork and doesn’t require additional court proceedings.

What if my spouse and I agree on everything except one minor issue?

If you disagree on a single issue but are willing to negotiate, mediation can help resolve the dispute while maintaining the uncontested nature of your divorce. This approach is often more cost-effective than converting to a contested divorce.

How are retirement accounts handled in an uncontested divorce?

Retirement accounts can be divided through a Qualified Domestic Relations Order (QDRO) as part of your divorce agreement. This legal document ensures proper division of retirement benefits without early withdrawal penalties.

Can I include additional agreements about future arrangements in my uncontested divorce?

Yes, you can include provisions for future circumstances, such as college expenses for children, division of future inheritances, or agreements about relocating with children. These terms become legally binding when included in your divorce decree.

What if we own a business together and want an uncontested divorce?

A business owned by both spouses requires careful consideration even in an uncontested divorce. You’ll need a professional business valuation and a detailed plan for either selling the business, having one spouse buy out the other’s interest, or continuing to operate it together post-divorce. Your agreement should address management responsibilities, profit sharing, and potential future sale scenarios.

How does an uncontested divorce handle future inheritances?

While inheritances received during marriage can be addressed in your divorce agreement, future inheritances are typically considered separate property. However, you can include provisions in your settlement agreement about how to handle any inheritance received during the divorce process or establish guidelines for sharing inherited family heirlooms.

What happens to our shared credit card debt in an uncontested divorce?

Credit card companies are not bound by your divorce agreement, so both parties remain legally responsible for joint accounts regardless of who agrees to pay them. A thorough uncontested divorce agreement should include provisions for closing joint accounts, transferring balances to individual cards, and establishing responsibility for payment with indemnification clauses.

Can we include provisions for selling our house in the future?

Yes, your uncontested divorce agreement can include detailed arrangements for future sale of property. This might include triggers for when the house must be sold (such as children finishing school), methods for determining sale price, division of proceeds, and who will handle maintenance costs until sale.

How do we handle health insurance in our uncontested divorce?

Your agreement should address continuation of health insurance coverage, especially if one spouse is covered under the other’s employer-provided insurance. You can include provisions for COBRA coverage, requirements for maintaining insurance for children, and allocation of premium costs and out-of-pocket medical expenses.

What happens if circumstances change significantly after our uncontested divorce?

While an uncontested divorce agreement is binding, certain aspects like child support and custody can be modified if there’s a substantial change in circumstances. Your agreement can include provisions for periodic review of financial arrangements and methods for addressing future modifications without returning to court.

Do we need separate attorneys for an uncontested divorce?

While not required, it’s recommended that each spouse have independent legal counsel review the agreement, even if one attorney drafts it. This ensures both parties understand their rights and the long-term implications of the agreement. Having separate attorneys also strengthens the enforceability of the agreement if challenged later.

How should we handle shared pets in our uncontested divorce?

New York law treats pets more like property than family members, but your agreement can include detailed arrangements for pet custody, visitation, veterinary care, and related expenses. Consider including provisions for emergency medical decisions and what happens if the primary pet caretaker needs to relocate.

What if we have international assets or property?

International assets require special attention in your uncontested divorce agreement. You’ll need to address jurisdiction issues, ensure compliance with foreign property laws, and potentially include provisions for currency exchange rates. Consider including mechanisms for enforcing the agreement in relevant foreign jurisdictions.

Can we include college expenses for future children in our agreement?

Your uncontested divorce can include provisions for funding college expenses of children not yet born or adopted. This might include establishing college savings accounts, defining what expenses will be covered, and setting parameters for choosing schools. The agreement can also address how to handle financial aid applications and student loan responsibilities.

How should we handle digital assets and online accounts?

Modern divorce agreements should address digital assets like cryptocurrency, online payment accounts, shared cloud storage, and social media accounts. Your agreement can include provisions for transferring or closing joint accounts, handling shared passwords, and managing digital family photos and documents.

Get the Experienced Guidance and Advice You and Your Family Need

No matter what the circumstances of a divorce are, it is rarely a trouble-free process. However, if you and your spouse can agree on all of the terms regarding your finances, custody concerns and your emotions do not complicate the situation, then an uncontested divorce may be the right options for you.

If you are contemplating a legal separation or divorce, contact our office to arrange a consultation.

Our experienced New York City divorce attorneys can provide the clarity and compassion you need to move forward. Our firm is bilingual and serves both English and Spanish-speaking clients.

Call 212-235-1382 today to make an appointment.