Uncontested Divorce in New York
Straightforward Divorce Filings Handled by Attorneys with 90 Years of Combined Family Law Experience
An uncontested divorce is one where both spouses agree on every issue before the case reaches a judge: property division, any maintenance payments, and, if children are involved, custody and support. Because there’s no disputed hearing, the process often moves faster and can cost less than contested litigation. At Law Offices of Andreas Vasilatos, we’ve guided New York families through this process since 2006, with offices in Bayside, Queens, and Manhattan to support filings across the city.
Residency Requirements
Qualifying for an uncontested divorce starts with residency. At least one spouse must meet one of New York’s thresholds: two continuous years of residency before filing; one continuous year if the couple married in New York or lived there as a married couple; or both spouses being New York residents when the grounds arose in the state.
The No-Fault Ground Under DRL 170(7)
Nearly all uncontested divorces in New York rely on the no-fault ground under DRL 170(7), which requires only a sworn statement that the marriage has been irretrievably broken for at least six months. This ground has been available since 2010 and eliminates the burden of proving fault. Fault-based grounds such as adultery or cruelty exist under New York law, but those cases almost always become contested.
Ready to move forward? Call our attorneys at (855) 773-1166 to discuss whether an uncontested divorce is the right path for your situation.
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Championing Your Case, Empowering Your Future Why Choose Law Offices of Andreas Vasilatos?
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What Your Agreement Must Cover Before Filing
A case qualifies as uncontested only when both spouses have signed a complete written settlement agreement before the filing is submitted. Incomplete agreements are the most common reason an uncontested matter stalls or converts to a contested one.
New York follows equitable distribution, meaning marital property is divided based on factors such as the length of the marriage and each spouse’s income and contributions, not necessarily a fifty-fifty split. The settlement agreement must address how that property and any shared debts are allocated, and whether either spouse will pay maintenance.
If you have children under 21, the agreement also needs a parenting plan covering custody and visitation, plus a child support calculation using New York’s statutory formula. A judge reviews those terms to confirm they serve the children’s best interests before signing off on the divorce.
Our Approach to Uncontested Divorce
We tailor our approach to each family’s circumstances rather than treating every filing as routine paperwork. Where agreement is close but not complete, we offer mediation to help spouses resolve remaining terms and stay on the uncontested track, which can keep costs down and avoid the timeline of a contested case.
What sets us apart is continuity. If circumstances change after filing and a spouse disputes a term, our attorneys can move the matter into litigation without requiring a change of counsel. You don’t lose momentum or need to rebuild a relationship with a new firm mid-case. Throughout the process, we keep clients informed with regular updates so nothing comes as a surprise.
The New York Uncontested Divorce Process, Step by Step
Filing requires several core documents: a Summons with Notice or Summons and Verified Complaint, a Joint Affirmation of Facts and Agreement covering property, debts, and any custody or support terms, and the Settlement Agreement or Stipulation of Settlement. As of January 2025, New York allows couples to file these forms jointly, which removes the need to formally serve the other spouse and removes the response waiting period.
Once documents are filed, the case moves through court review and administrative processing. When paperwork is complete and the agreement covers every required term, a hearing is often unnecessary. A judge must still review and approve the settlement for fairness and compliance with state law before issuing the Judgment of Divorce. Our attorneys handle filing and court follow-up to help keep the process on track.
Most uncontested divorces in New York are finalized in approximately four to six months, accounting for paperwork processing, court review, and issuance of the final judgment. That timeline can vary depending on court volume and how quickly documents are submitted.
Filing in Queens County or New York County
New York divorce actions are filed in the Supreme Court of the county where either spouse resides. Queens County Supreme Court, Civil Term, hears matrimonial proceedings for Queens County residents. Our Bayside, Queens, office supports filings there, and our Manhattan office supports filings in New York County. Clients in either borough work with attorneys who know the local courts handling their matter.
Schedule a Consultation About Your Uncontested Divorce
If you and your spouse are ready to move forward, the next step is a conversation with our attorneys. We can review your situation, explain what your agreement needs to cover, and walk you through what the filing process may look like.
Contact Law Offices of Andreas Vasilatos today at (855) 773-1166 to schedule your consultation.