How to Get an Uncontested Divorce in New York

A divorce is never an easy thing to do. However, it can be easier if you are filing an uncontested divorce. NY allows for spouses to file this type of divorce when there are certain simplifying factors present in your case. Here, we will discuss what those are, how to qualify for an uncontested divorce, how much it costs, and how long it takes so that you can get on with your life.

An “uncontested divorce” means that you and your spouse agree to all of the terms of your divorce, including spousal support, child support, division of property and debt repayments. Conversely, a “contested” divorce is one where the parties disagree on any of these terms and require the court’s intervention to resolve those differences.

There are three primary requirements for filing an uncontested divorce: NY’s residency requirement, stipulation of a “no-fault divorce” and agreement on the divorce terms.

1. New York’s Residency Requirement

The residency requirement in New York is a bit more strict than in other states. It specifically requires that:

• One spouse has lived in New York for two continuous years before filing for divorce
• In at-fault cases, the reason for the divorce occurred in New York and both spouses are presently living in the state
• Both spouses have lived in New York for at least one year prior to the divorce and got married in New York, lived there as a couple or the cause of the at-fault divorce happened in the state

2. No-Fault Divorce: ‘Irretrievable’ Breakdown of Your Marriage

Because the state allows for a divorce where there are legally acceptable grounds, New York permits “no-fault” and “fault” reasons for dissolving the marriage. Fault is based on evidence of adultery, abandonment or any other cause of bad behavior by one spouse against the other.

Because fault is harder to prove as the burden is on the spouse claiming the fault, it would be easier to claim no-fault if you are looking for an efficient resolution of your marriage. In a no-fault case, neither spouse is claiming that the other did anything wrong. Rather, the marriage is “irretrievably broken” and beyond repair. New York requires six months of efforts to remedy the relationship before it can be declared irretrievably broken with no hope for repair.

3. Agreement on the Divorce Terms

To confirm that your divorce is actually uncontested, you need to agree on the terms of the divorce, such as:

• How to split property owned during the marriage
• How to divide any remaining debts
• How much and to whom the alimony will be paid
• How much child support will be paid
• What the custody and visitation rights are

If you are struggling with coming to an agreement about these divorce terms, consult a mediator who could possibly help to lay them out for you. They will craft a “separation agreement” that clearly defines these terms for your uncontested divorce to proceed.

The New York court system has forms for you to complete if you want to file for an uncontested divorce. NY notes that if you are initiating the proceedings, you will be the plaintiff and your spouse will be the defendant. If you are filing without minor children, you would use the uncontested divorce program. Otherwise you would complete the uncontested divorce forms with children.

The primary forms that will require completion are:

• Summons notice and verified complaint (this includes the grounds for divorce and the type of relief you are requesting)
• The plaintiff’s affidavit
• The separation agreement
• A partially finished Judgment of Divorce
• Standard notices

If you have minor children, you’ll need to complete a child support worksheet and an income worksheet as well.

If you want to streamline your divorce filings, you can solicit the services of an New York online divorce company. This service files the divorce documents online for you after you have completed a questionnaire for them. It takes two business days for the company to complete the paperwork, which you could then submit to the courthouse.

You can file the drafted papers in the Supreme Court Clerk’s Office in the county where you reside or where the majority of the at-fault events occurred (if applicable). If you prefer to file them electronically, you can do so using the state’s electronic filing system.

Someone other than you must serve your divorce papers on your spouse within 120 days of filing the documents in court. Your spouse, or the defendant in the action, must file an “Affidavit of Defendant in Action for Divorce” upon receiving service to acknowledge receipt and ensure that the divorce is uncontested.

Unlike some states, New York has a minimum waiting period for the spouses to file their paperwork. Uncontested divorce proceedings typically take 6–12 weeks in court, depending on the filing times and the length of the docket.

The overall cost of the uncontested divorce depends in part on whether you’re soliciting the help of an online divorce service or asking an attorney for help. Typically, the cost is $335 in filing fees, according to the New York Courts website. If you are unable to sustain the cost of this fee, you can request a waiver by filing an “Affidavit in Support of Application to Proceed as a Poor Person.”

Are you thinking of using an online service to file for divorce? See how the top online divorce companies compare in price, quality and service offerings. As always, we encourage you to do your own independent research to determine which provider is best for your needs.

Legal Disclaimer: This article contains general legal information but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.