To complete an uncontested divorce quickly and effectively, you must file the correct paperwork. Our uncontested support attorneys in Manhattan have developed a quick and convenient process to make your divorce more efficient and less costly. Our firm provides every client with personal attention to their case. Since our offices aim to find a timely resolution to your matter, you will have the opportunity to move past a difficult relationship without worrying about how long the uncontested divorce will take, whether you have all the required paperwork and with whom and how you will deal with the Court.

What is an Uncontested Divorce?

An uncontested divorce in New York happens when both spouses fully agree on all divorce terms, such as child custody, support, property division, and debts. This approach is the fastest, most affordable, and least stressful way to end a marriage, avoiding lengthy court battles and reducing legal costs.

Benefits of an Uncontested Divorce

• Affordable
• Quick: Documents can be prepared in about a week, with court approval in 4–12 months (depending on the county).
• Less Stressful: Agreement between spouses minimizes conflict and emotional strain.
• More Control: You and your spouse decide the terms, not a judge.

Requirements for an Uncontested Divorce

To finalize an uncontested divorce in New York, you and your spouse must agree on:

• Grounds for Divorce: Usually, a statement that the marriage has been irretrievably broken for at least six months.
• Child Custody and Visitation: Plans for who cares for the children and visitation schedules.
• Child Support: Financial support for the children’s needs.
• Spousal Support: Any financial support for one spouse (if applicable).
• Division of Assets: Fair split of marital property, like homes, bank accounts, and personal items.
• Division of Debts: Who is responsible for shared debts, such as loans or credit card balances.
• Court and Attorney Fees: Who pays the costs of the divorce process.

Step-by-Step Process of an Uncontested Divorce

The uncontested divorce process is simple and efficient. Here’s how it works in New York:

1. File Divorce Documents:
   • One spouse (the plaintiff) files a Summons with Notice or Summons and Verified Complaint with the court, outlining the grounds for divorce and proposed terms.
   • Pay a court filing fee (about $210).
2. Notify the Other Spouse:
   • If both spouses agree, formal service may not be needed. Instead, the defendant (other spouse) signs a document confirming they received the divorce papers.
3. Complete Required Paperwork:
   • Both spouses submit key documents, including:
     • Affirmation of Plaintiff: The plaintiff confirms their eligibility for a divorce.
     • Affidavit of Defendant: The defendant agrees to the divorce terms and waives the right to contest.
     • Settlement Agreement: A detailed contract outlining all agreed terms (custody, support, property, etc.).
   • Findings of Fact, Conclusions of Law,
   • Judgment of Divorce
   • File a Request for Judicial Intervention (RJI) and Note of Issue (additional fees of about $125).
4. Submit Documents to the Court:
   • The plaintiff’s attorney submits all paperwork to the court for review.
   • Typically, no court appearance is needed unless the judge has questions.
5. Obtain Court Approval:
   • The judge reviews the documents to confirm they are complete, fair, and meet legal standards.
   • Once approved, the judge signs the Judgment of Divorce, officially ending the marriage.
   • The process usually takes 4–12 months, depending on the court’s schedule and case details.

Tips for a Smooth Uncontested Divorce

• Agree Early: Discuss and settle all terms with your spouse before filing to prevent delays.
• Organize Documents: Gather clear records of finances (assets, debts, income) to speed up paperwork.
• Use Mediation if Needed: A mediator can help resolve minor disagreements without turning the case into a contested divorce.

Our uncontested divorce lawyers in New York offer a step-by-step walk through of the uncontested divorce process:

1. FREE initial telephone consultation.
2. We will email you a divorce packet to complete.
3. Upon receiving the divorce packet, we will prepare a Summons and file it with the County Clerk. The County Clerk, in turn, will provide an index number–which effectively initiates your divorce case.
4. We will prepare all the required documents and send it to you and your spouse for review.
5. Upon review, you and your spouse will sign the papers and mail it back to us.
6. Once we receive your divorce papers, we will file them with the Court.
7. A judge will review and sign the papers.