New York Uncontested Divorce
File an uncontested divorce in New York without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (2-4 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$15,000-$$50,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in New York?
To file an uncontested divorce in New York, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in New York for 12 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
New York Uncontested Divorce
New York allows uncontested divorce where both parties agree on all terms. The NYCourts.gov website offers a free DIY Uncontested Divorce Program for couples with no children under 21 whose marriage has been over for 6 months or more; it generates the required forms online. For couples with children under 21, the paper Uncontested Divorce Packet must be used. No trial or court appearance is required. The judge reviews the submitted papers and, if satisfactory, signs the Judgment of Divorce. Typically finalized within 3-6 months of filing. Joint divorce forms (allowing both spouses to file together) were revised as recently as January 2026.
Requirements for Uncontested Divorce
At least one residency basis under DRL Section 230 is satisfied
Both parties agree on ALL terms: property/debt division, spousal maintenance, and (if applicable) child custody, support, and visitation
The marriage has been irretrievably broken for at least 6 months (for no-fault ground)
Both parties sign a Settlement/Separation Agreement (notarized)
Defendant either signs UD-7 (Affidavit of Defendant) waiving formal response, or is properly served and defaults
All required UD forms are completed and filed with the County Clerk
Filing fees of $335 are paid (or fee waiver obtained)
If children under 21: child support worksheet, QMCSO, and Support Collection Unit Information Sheet are completed
How to File an Uncontested Divorce in New York
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 12 required forms for New York. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $335 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
New York does not have a mandatory waiting period, so your case can move forward quickly.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your New York forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Both parties must fully disclose all assets and debts. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow New York's service rules carefully.