Learn how you can get a quick and easy uncontested divorce in New York.

 

Even in the best-case scenario, divorce can still be difficult. But it doesn’t have to involve an expensive and drawn-out legal battle. Pursuing an uncontested divorce in New York might save you time and money if you and your spouse can agree on the practical, financial, and legal aspects of ending your marriage.

 

How to Qualify for an Uncontested Divorce in New York

In order to initiate an uncontested divorce in New York, there are three fundamental prerequisites that must be fulfilled: both you and your spouse must concur on the no-fault reasons for divorce, you must fulfill the residency requirement, and all case-related concerns must be settled.

 

Using Your Marriage’s Disintegration as Justification for an Uncontested Divorce

Like in every other state, divorce in New York requires a legally recognized cause of action, or “ground” Divorce on “fault” or “no-fault” grounds is legal in the state. Law Section 170 of 2022, N.Y. Dom. Rel.

If you want to file for a fault-based divorce, you will have to allege and eventually demonstrate that your spouse’s specific misconduct (such adultery or cruelty) caused your marriage to end. It is preferable to file for an uncontested divorce using a no-fault ground in order to avoid this convoluted procedure.

You can certify under oath on your divorce application that your marriage has been “irretrievably broken” for a minimum of six months in order to swiftly obtain an uncontested divorce in New York. This indicates that, assuming you have a formal separation agreement, you and your spouse have not been able to get along for that length of time and that there is not a realistic hope of reconciliation. As of 2022, N.Y. Dom. Rel. Law Section 170(7)

 

New York’s Residency Requirement for Divorce

One of the following residency conditions must be met in order to apply for divorce in New York:

• Prior to filing for divorce, you or your spouse must have lived in New York for at least two years straight.

• You and your spouse still reside in New York State, and the reason for your divorce was filed there.

• You must have resided in New York for at least a year straight before filing, have been married there, spent at least a year there as a married pair, or had a New York-related incident lead to your divorce.

According to rulings made by New York courts, the “cause” of your divorce, for the purposes of these residence requirements, pertains to certain acts (such in a fault-based divorce based on adultery), rather than the dissolution of your marriage. (See Patty P. v. Jason P., 106 N.Y.S.3d 765 (N.Y. Sup. Ct. 2019); N.Y. Dom. Rel. Law Section 230 (2022).)

Agreement on the Issues in Your Divorce

You and your spouse must come to agreements on every matter pertaining to your case in order for your divorce to be genuinely uncontested. These problems include:

• How to divide marital property into personal and real estate
• How to divide up outstanding debts
• whether and to what extent each partner will provide the other with spousal maintenance, or alimony.
• Child support, custody, and visitation rights for any dependent children of the marriage.

Mediation may be able to assist you in reaching mutually agreeable resolutions if you and your spouse are unable to reach a consensus on any of these concerns, or any other ones you wish to discuss throughout your divorce. The majority of mediators will draft a document that includes any agreements you come to during the mediation. Your written “separation agreement” (sometimes called a “marital settlement agreement,” “property settlement agreement,” or “divorce settlement agreement”) might then be based on this document.

Getting the Uncontested Divorce Documents Ready

To begin your uncontested divorce case in New York, you will need to submit certain forms, just like in most legal cases. Even in an uncontested divorce, your spouse will be listed as the “defendant,” and you will fill out the documents as the “plaintiff.”

There are divorce forms and instructions available online from the New York State court system. Depending on whether you and your spouse are parents, different paperwork and instructions are available:

• You and your spouse can use the “uncontested divorce program” simplified paperwork in New York if you don’t have children under 21.
• If not, you can file for divorce without a fight using the uncontested papers.

The following are the primary forms used to begin an uncontested divorce:

• Verified Complaint and Summons (or Summons with Notice), which state the basis for your divorce and the “relief” you’re asking for (i.e., the matters you want resolved in your case)

• the statement of the plaintiff

• Your Divorce Settlement

• a divorce judgment that is not yet finalized, and different standard notices.

If you are a parent of a kid under 21, you will also need to prepare other documents, such as an income worksheet and a child support worksheet.

You could file for divorce online utilizing a service that will send you the appropriate uncontested divorce forms, filled out based on your responses to a questionnaire, to streamline the process of finding and filing your divorce documents. Usually, these firms will also assist you in drafting your settlement agreement, and for an extra charge, some will handle the divorce paperwork filing.

A Pilot Program in Certain New York Counties for Uncontested Joint Divorce

In select counties, New York has launched a pilot program that permits couples to jointly petition for an uncontested divorce. The courts have determined that this is a speedier and more simplified choice than an uncontested traditional divorce. The website of the New York Courts has forms and comprehensive information. Westchester, Broome, Ontario, Kings, and Queens counties were the original pilot project’s locations; however, you can check here to see if any other counties have been included.

Completing and delivering the paperwork for an uncontested divorce

You must file the relevant forms with the court after you have finished and signed them. Usually, you will accomplish this by physically taking copies to the county’s Supreme Court Clerk’s office where you are initiating the divorce. Generally, you can apply for divorce in the New York county where you and your spouse reside, or where a “substantial part of the events” leading up to the divorce took place. (2022) N.Y. C.P.L.R. § 503(a).)

You can use the state’s electronic filing system if you would rather not send your documents to the court by hand. Speak with the clerk’s office about this option.

The clerk will assign you an index number when you file your divorce documents. That number must be included on all additional documents you file related to your divorce process. In addition to normal filing expenses, there is a fee for the index number (more on that below).

The divorce complaint must be “served on”—delivered to—your spouse after you file it with the court. Within 120 days of filing the initial divorce documents, you have to serve your spouse with a copy of them. The divorce complaint can be dismissed by the court if you don’t. (C.P.L.R. Section 306-b (2022) in New York.)

The documents must be personally served by someone other than you. Anyone who resides in New York, is over the age of 18, isn’t directly involved in the divorce, and whose spouse lives in the state can present the documents if your spouse does. However, the majority of people choose to hire a professional process server or the sheriff’s office. If your spouse is not a resident of New York state, inquire about the various regulations that govern serving your spouse at the clerk’s office.

How to File for an Uncontested Final Divorce in New York

Following your uncontested divorce filing, your spouse needs to file a “Affidavit of Defendant in Action for Divorce.” This document informs the court, among other things, that your spouse:

• agrees that your case should be put on the court’s uncontested divorce calendar as soon as possible, acknowledges receiving the divorce papers, states that it doesn’t intend to contest anything you’ve asked for in the complaint by submitting an answer or replying to the summons, and more on the timing issue below.
• To advance your case, you might also need to file other forms (if they weren’t already included with your initial paperwork), such as a “Request for Judicial Intervention” to choose a judge in your case. Find out more about the process of filing for divorce in New York, as well as specifics regarding the paperwork needed to complete the case.
• You usually don’t need to appear in court in New York to obtain your final divorce decree in an uncontested divorce. The judge will just need to go over all of your documentation before signing the verdict if everything is in order.

In New York, How Long Does It Take to Get an Uncontested Divorce?

In contrast to certain states, New York does not impose a minimum waiting period following the filing of the original divorce petition before granting a final divorce. Furthermore, the filing of the defendant’s affidavit by your spouse (as previously mentioned) eliminates both the additional waiting period for a default divorce in the event that your spouse fails to respond within the allotted time frame of 20 to 30 days after receiving the divorce complaint.

Though the defendant’s affidavit grants permission for the case to be put on the court’s uncontested divorce schedule “immediately,” this does not guarantee that you will receive your final divorce right away. In New York, uncontested divorces usually take six to twelve weeks. In your instance, the duration primarily depends on two elements:

• How fast a judge is available to study your documents and sign your divorce decision depends on how promptly you can submit the necessary paperwork and how busy the court is in your county.

How Much Does a New York Uncontested Divorce Cost?

An uncontested divorce is typically far less expensive than a conventional, contentious divorce. This is mostly due to the fact that many couples are able to navigate the uncontested divorce process without the need for legal representation, which results in significant cost savings over the typical divorce proceedings.

The main costs associated with an uncontested divorce will be the different court costs. The New York court website states that the filing fees for an uncontested divorce will be at least $335 (as of July 2022, and always subject to change), which includes the cost of seeking a judge and obtaining an index number. If the fees are too much for you to pay, you can file a “Affidavit in Support of Application to Proceed as a Poor Person” to ask for a waiver.

Your expenses may vary depending on whether you obtain a “pure” DIY divorce or if you require assistance during the process, in addition to the filing fees.

Depending on the quantity and complexity of the issues that need to be resolved, the cost of divorce mediation might vary significantly if you require assistance in reaching a settlement agreement. The typical range of expenses is between $3,000 and $8,000. However, couples typically split the cost of mediation, as opposed to when each spouse hires an attorney. Thus, you’ll typically pay 50%.

It is likely that you will have to pay a few hundred dollars to have an expert create the required special court order known as a “qualified domestic relations order” (QDRO) if you are splitting retirement savings linked to your work, such as a 401(k) or pension.

To ensure that your settlement agreement is reasonable and upholds your rights, it would be prudent, if at all feasible, to have legal counsel evaluate it. Sometimes it makes beneficial to have the agreement drafted by a lawyer or other professional, especially if you have complex financial assets. It will be much less expensive than hiring an attorney to handle every legal case in your divorce, depending on the lawyer’s hourly rate and the quantity of work needed.

 

Statewide legal assistance for amicable divorces in New York

 

For nearly forty years, Beckerman & Granados PLLC has assisted divorced spouses throughout the state of New York. He is familiar with numerous county courts and the divorce process in the area. To avoid delays in an uncontested divorce, our staff will make sure that every paperwork is properly completed and filed. We’ll also see to it that the hassle of having to appear in court is avoided for you. We take great satisfaction in the fact that our company doesn’t use recorded messages and that you will always be attended to by a live person, from the first to the last chat. As your case moves through the New York court system, you will be provided with regular updates.

After a free case evaluation on our toll-free number (718) 374-5642, we’ll know your situation and you’ll understand more about the recommended next steps.