A simpler, faster way to get divorced in New York.
When you and your spouse agree, getting divorced shouldn’t be complicated.
Express Divorce makes the uncontested divorce process easier — with straightforward steps, clear pricing, and the experience of a New York matrimonial law firm behind you.
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Elena Giannattasio, Esq.
Founder, Express Divorce
New York Divorce Overview
Divorce in New York is a legal process that ends a marriage and addresses the financial and family issues that must be resolved before judgment.
Depending on the circumstances, those issues may include property division, maintenance, child custody, parenting time, child support, debt, and other financial obligations.
Understanding the process before you begin can help you make better decisions, prepare the right information, and determine whether your matter may qualify for an uncontested divorce.
This guide explains the key parts of the New York divorce process in clear, practical terms.
Quick Facts About New York Divorce
Minimum Residency: Varies by circumstance, generally one or two years
Waiting Period: No general mandatory waiting period after filing
No-Fault Divorce: Yes, irretrievable breakdown for at least 6 months
Other Grounds: Six additional statutory grounds are available
Property Division: Equitable distribution, fair, not necessarily equal
Timeline: Varies by agreement, complexity, county, and court processing
New York’s residency requirements depend on the facts of the marriage and where the parties lived or where the grounds occurred.
New York recognizes irretrievable breakdown of the marriage for at least six months as the no-fault ground, provided the required economic and child-related issues are resolved before judgment.
Residency
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Choose Your Divorce Path
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Prepare the Divorce Papers
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File the Case
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Serve or Obtain Defendant Papers
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Resolve Financial & Family Terms
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Complete Final Documents
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Submit for Court Review
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Judgment of Divorce
Requirements to File for Divorce in New York
Before filing for divorce in New York, you must satisfy the residency requirements established by New York Domestic Relations Law 230 and file in a proper county.
Residency Requirements
At least one of the following must apply:
1. Two-Year Residency
Either spouse has lived continuously in New York for at least two years immediately before the divorce action begins.
2. One-Year Residency Plus a New York Connection
Either spouse has lived continuously in New York for at least one year immediately before filing, and:
3. Both Spouses Reside in New York
Both spouses are New York residents when the action begins and the grounds for divorce occurred in New York.
New York’s current uncontested-divorce forms use these same residency categories.
Venue: Where to File
A New York divorce is filed in the Supreme Court.
Under the venue rule effective February 19, 2025, a matrimonial action generally must be filed in a county where one of the spouses or one of the minor children of the marriage resides, subject to limited confidentiality-related exceptions.
New York City’s five boroughs each have their own Supreme Court, and divorce matters are also handled in Supreme Court throughout the other New York counties.
Local filing procedures can vary, so county-specific information may still matter.
FIND YOUR COUNTY GUIDE
Contested vs. Uncontested Divorce in New York
New York uses one legal process to end a marriage: divorce.
The important distinction is whether the spouses have resolved the issues required to complete the case.
| Factor | Contested Divorce | Uncontested Divorce |
|---|---|---|
| Agreement | One or more material issues remain disputed | The spouses have resolved the material issues |
| How It Works | The parties negotiate or ask the court to decide unresolved issues | The parties submit agreed terms and the required divorce papers for court review |
| Common Issues | Custody, parenting time, property, maintenance, child support | Those issues have already been resolved |
| Court Involvement | May involve motions, conferences, hearings, discovery, or trial | Usually handled primarily through an uncontested submission |
| Timeline | Depends on the disputes, complexity, and court schedule | Generally more predictable, but court timing still varies |
| Cost | Can increase substantially as attorney time and litigation increase | More predictable when the scope of work is clearly defined |
| Attorney Role | Often important where rights or facts are disputed | Level of legal help depends on the case and the service selected |
| Best Fit | Material disagreement or need for judicial intervention | Spouses who have reached agreement and want to complete the divorce |
A divorce does not have to begin as fully agreed in order to end as an uncontested case.
Many spouses resolve their differences through direct negotiation, attorneys, or mediation before submitting the final uncontested papers.
Agreement changes the process.
When the issues are resolved, the divorce can become substantially simpler.
SEE IF YOUR DIVORCE QUALIFIES
Grounds for Divorce in New York
New York Domestic Relations Law 170 provides seven statutory grounds for divorce.
For most Express Divorce matters, the relevant ground is the no-fault ground of irretrievable breakdown of the relationship for at least six months.
No-Fault Ground
Most Common for Uncontested Divorce
Irretrievable Breakdown for at Least Six Months
New York added no-fault divorce in 2010.
A spouse may seek divorce by stating under oath that the marital relationship has broken down irretrievably for a period of at least six months.
Before judgment is entered on this ground, the required economic and child-related issues must also be resolved.
For a qualifying uncontested divorce, this usually means the spouses have resolved matters such as:
No proof of adultery, abandonment, or other marital wrongdoing is required.
Fault-Based and Separation Grounds
New York law also recognizes six other statutory grounds:
Cruel and Inhuman Treatment
Conduct by one spouse that endangers the physical or mental wellbeing of the other and makes continued cohabitation unsafe or improper.
Abandonment for One or More Years
Abandonment for a continuous period of at least one year.
Imprisonment for Three or More Consecutive Years
The defendant was imprisoned for three or more consecutive years after the marriage.
Adultery
Adultery committed voluntarily during the marriage, subject to the statutory rules and defenses applicable to this ground.
Living Apart Pursuant to a Judgment or Decree of Separation
The spouses have lived separate and apart for at least one year pursuant to a qualifying judgment or decree of separation and the plaintiff has substantially performed its terms.
Living Apart Pursuant to a Written Separation Agreement
The spouses have lived separate and apart for at least one year pursuant to a qualifying written separation agreement and the plaintiff has substantially performed its terms.
Should You Use a Fault Ground?
For most uncontested New York divorces, the no-fault ground provides the clearest path.
Fault-based grounds require proof and may introduce issues that are unnecessary when the spouses have already agreed to end the marriage.
Whether marital conduct has financial relevance is a separate legal question and depends on the circumstances and the particular claim involved.
Express Divorce is designed for resolution, not proving fault.
If fault, financial misconduct, or another disputed issue is materially affecting your rights, individualized matrimonial advice may be appropriate.
Express Divorce helps New Yorkers move through an uncontested divorce with clear steps, professional document preparation, and the level of support that fits their needs.
From filing assistance to attorney-reviewed and attorney-led options, the goal is simple: make the legal process easier when you and your spouse have already reached agreement.
Step-by-Step Divorce Process in New York
Here is what the New York divorce process generally looks like, from determining whether you can file through final judgment.
Before filing, make sure you satisfy New York’s residency requirements and identify the proper county for your divorce.
The residency rules depend on how long you or your spouse have lived in New York and the marriage’s connection to the state.
See the “Requirements to File” section above for more detail.
Before preparing the divorce papers, collect the basic information about your marriage, finances, property, and children.
That may include:
Full legal names and current addresses
Date and place of marriage
Marriage certificate
Income information
Bank and investment accounts
Retirement accounts
Real estate
Debts and liabilities
Health insurance
Information concerning children, if applicable
Any existing written agreement between the spouses
Having the information organized before you begin makes the document-preparation process much easier.
A New York divorce is generally commenced with either:
A Summons With Notice; or
A Summons and Verified Complaint.
An uncontested divorce also requires additional documents as the case progresses, depending on the circumstances.
If there are children, support, property, or continuing financial obligations, additional forms and settlement documents may be required.
The divorce action is commenced in the New York State Supreme Court.
The plaintiff files the appropriate commencement papers with the County Clerk and purchases an index number.
$210
New York Courts currently state that the minimum court filing fees for an uncontested divorce are at least $335 in total.
Keep copies of everything filed and note your index number.
The defendant must be properly brought into the divorce action.
Where formal service is required, New York generally requires the commencement papers to be served within 120 days after the action begins. The person serving the papers must meet New York’s service requirements.
In a cooperative uncontested divorce, the defendant may instead sign the appropriate uncontested-divorce documents confirming that the divorce and agreed terms are not being contested. New York Courts recognize this as one way a matter proceeds uncontested.
Before a no-fault divorce can be finalized, the required economic and child-related issues must be resolved.
Depending on the case, that may include:
Property division
Debt
Maintenance
Custody
Parenting time
Child support
Healthcare
Other continuing obligations
If the spouses have a written settlement agreement, the divorce papers must properly reflect those terms.
Once the case is ready for judgment, the final uncontested-divorce package is prepared and submitted for court review.
Depending on the matter, the package may include:
Affirmation of Regularity
Plaintiff’s affidavit or affirmation
Defendant’s affirmation
Child Support Worksheet, where applicable
Note of Issue
Findings of Fact and Conclusions of Law
Judgment of Divorce
Request for Judicial Intervention
Other required documents
An uncontested divorce is often decided on the submitted papers rather than through a series of hearings.
If the court approves the uncontested submission, the judge signs the Judgment of Divorce.
The judgment is then entered with the County Clerk.
After entry, the defendant must be served with a copy of the signed Judgment of Divorce and Notice of Entry in accordance with the applicable procedure.
Keep your final divorce documents somewhere secure.
You may need them later for:
Name changes
Property transfers
Retirement-account division
Insurance
Government records
Remarriage
Other legal or financial matters
START A NEW YORK DIVORCE
When spouses disagree, attorney time, negotiations, discovery, motions, and court appearances can make legal costs difficult to predict.
When spouses have already reached agreement, the work can be more clearly defined.
$25k-$30k
EXPRESS DIVORCE
$799 – $7,999
Costs and Filing Fees
The cost of a New York divorce depends largely on whether the case is uncontested or contested, the level of professional help required, and whether additional court or third-party services are needed.
Filing Fees (Required)
For an uncontested divorce, New York Courts currently state that the minimum court filing fees are $335. This includes the $210 index number fee to start the case and, in a typical uncontested matter where no prior RJI fee was paid, the $125 Note of Issue fee.
Additional court-related costs may include:
Fee Waivers
If you cannot afford the court filing fees because of serious financial hardship, you may ask the court to waive the costs associated with filing your divorce.
The court will generally require information and documentation concerning your income and financial circumstances before deciding the application. Approval is determined by the court.
Attorney Fees
Attorney fees are separate from court filing fees and vary considerably depending on the nature of the case.
An uncontested divorce in which the spouses have already resolved their issues generally requires substantially less legal work than a contested divorce involving negotiation, discovery, motions, hearings, experts, or trial.
Traditional matrimonial attorneys commonly bill by the hour and may require an advance retainer. Because attorney rates and total fees vary by lawyer, location, complexity, and the amount of work required, there is no single reliable statewide “average” fee.
Express Divorce offers flat-fee options for qualifying uncontested divorces.
This gives clients the ability to choose a defined level of service without the uncertainty of open-ended hourly billing.
Additional Potential Costs
Depending on your circumstances, additional expenses may include:
Process-server fees
These costs are not required in every divorce and are generally more common when the financial or parenting issues are complex.
Typical Total Costs
Rather than publishing broad statewide estimates, I would make this section comparative:
DIY Uncontested Divorce
Court fees plus any personal filing, service, copying, and document-related expenses.
Express Divorce
Flat-fee service starting at $799, plus applicable court and third-party fees.
Express Divorce Plus
$1,999, plus applicable court and third-party fees.
Attorney-Assisted Uncontested Divorce
Higher flat-fee options are available when attorney review or attorney-led representation is appropriate.
Contested Divorce
Total cost varies substantially depending on attorney time, discovery, motions, experts, hearings, settlement negotiations, and whether the case proceeds to trial.
Supporting Note
The $335 minimum court filing cost is statewide, but additional expenses and practical filing procedures can vary depending on the case and county.
READ OUR GUIDE TO NEW YORK DIVORCE COSTS
I would specifically not use the original ranges such as “$10,000–$75,000+,” “$100,000–$300,000+,” or fixed mediation/expert ranges. Your source includes those figures, but they are broad estimates rather than official New York benchmarks. For an attorney-backed site, the revised version is more credible and gives the consumer the numbers that actually matter.
The cost of divorce in New York depends on the complexity of the case, the level of agreement between the spouses, and the professional services required. This guide explains court filing fees, attorney fees, third-party expenses, and the factors that can make a divorce more or less expensive — so you can better understand the financial side of the process before you begin.
How Long Does Divorce Take in New York?
The timeline for a New York divorce depends on whether the spouses agree, how quickly the required papers are completed and served, whether financial or parenting issues must be resolved, and how long the court takes to review the submission.
Minimum Timeline
New York Has No General Mandatory Waiting Period
New York does not impose a general waiting period after filing before an uncontested divorce can move forward.
If the Defendant signs the Affidavit of Defendant, the remaining uncontested papers can generally be submitted for calendaring immediately. If the Defendant does not respond and defaults, the Plaintiff generally must wait 40 days after service before submitting the remaining papers.
After submission, the court reviews the papers. If everything is complete and the divorce is approved, the judge signs the Judgment of Divorce. Court processing time varies by county and workload.
There is no guaranteed completion date.
| Divorce Type | What Usually Affects the Timeline |
|---|---|
| Uncontested — Full Agreement |
|
| Uncontested — Agreement Still Being Finalized |
|
| Contested — Some Issues Disputed |
|
| Contested — Trial Required |
|
| Complex or High-Conflict |
|
The greatest difference is usually whether the issues are already resolved.
An uncontested divorce can generally move more efficiently because the court is not being asked to decide disputed financial or parenting issues. New York Courts describe the uncontested process as filing, service, the Defendant’s response, calendaring, and judicial review of the final papers.
What Affects the Timeline?
Factors That Can Help the Process Move More Efficiently
Factors That Can Extend the Process
For Express Divorce
If you and your spouse have already resolved the material issues, Express Divorce is designed to help keep the document and filing process organized and move the uncontested case forward as efficiently as the court permits.
START A NEW YORK DIVORCE
The biggest corrections from the source are removing “the fastest divorces take 2–3 months,” “one court hearing,” and the fixed case-type timelines. Those statements are too categorical for New York and could create expectations that the court cannot guarantee.
Divorce with Children in New York
When children are involved, custody, parenting time, child support, and related issues must be resolved before the court can enter a Judgment of Divorce. For children of the marriage who are 17 or younger, custody and parenting time must be addressed; child support generally continues for children of the marriage through age 21 unless the child is emancipated earlier.
Child Custody in New York
New York generally describes custody as having two components:
Legal Custody
Legal custody concerns who has authority to make major decisions for the child, including decisions involving education, healthcare, and religious upbringing.
Legal custody may be sole or joint, depending on the circumstances and the parents’ agreement or the court’s determination.
Physical Custody
Physical custody concerns where the child lives and how the child’s time is divided between the parents.
A child may live primarily with one parent or spend substantial time with both parents, depending on the parenting arrangement.
Supporting Note
New York law does not give either parent an automatic preference in a custody determination. The controlling consideration is the best interests of the child.
For an Express Divorce matter involving children, the parents must already have reached agreement on custody and parenting time.
Best Interests of the Child
When parents cannot agree and the court must decide custody or parenting time, the judge considers the circumstances of the particular child and family.
Factors may include:
New York identifies the child’s health and safety as paramount concerns in determining best interests.
Parenting Agreements
When parents are divorcing by agreement, their custody and parenting terms should clearly explain how they will raise and care for their children after divorce.
A comprehensive parenting agreement may address:
There is no single mandatory statewide parenting-plan format for every New York divorce. The important point is that the custody and parenting terms must be sufficiently clear for the court to review and incorporate into the divorce judgment where appropriate.
Child Support
New York child support is governed by the Child Support Standards Act (CSSA).
In general, the calculation begins with the parents’ combined statutory income and applies a percentage based on the number of children. The resulting basic child-support obligation is then allocated between the parents according to their respective shares of combined parental income, subject to the statutory rules, income cap, add-ons, and possible deviations.
The statutory percentages are:
The custodial parent generally receives support from the noncustodial parent. Parenting time can matter in particular circumstances, but New York does not use a simple percentage reduction based solely on the number of overnights.
Calculate potential child support using our New York Child Support Calculator.
Parent Education Programs
Some courts or judicial districts offer or require parent-education programs in cases involving children, but there is not a single statewide rule requiring every divorcing parent in New York to complete a 4–6 hour course.
Requirements and available programs can vary by court and county.
Check the requirements of the Supreme Court where your divorce is being filed before assuming that a parenting course is required.
Child custody decisions can shape a family long after the divorce is complete. This guide explains New York custody law in clear terms, including legal and physical custody, parenting time, the best-interests standard, modifications, and enforcement. Whether you are preparing an agreed parenting arrangement or trying to better understand your rights, the guide provides a practical overview of the issues that matter most.
Property Division in New York
New York follows the principle of equitable distribution. This means marital property is divided fairly based on the circumstances of the marriage — not automatically 50/50.
Understanding what is marital property, what is separate property, and how assets and debts may be allocated is an important part of any divorce settlement.
Marital Property vs. Separate Property
Marital Property
Marital property generally includes property acquired by either spouse during the marriage and before the execution of a separation agreement or commencement of the divorce action, regardless of whose name is on title.
Examples may include:
Separate Property
Separate property generally includes:
Commingling Alert
Keep Separate Property Traceable
Separate property can become more difficult to identify when it is mixed with marital funds or jointly titled.
For example, depositing inherited money into a joint account or combining separate and marital funds over time may create questions about whether the asset can still be traced as separate property.
Commingling does not automatically make every separate asset marital.
The result depends on the facts, how the property was handled, whether it can still be traced, and whether the spouses’ conduct shows an intent to change its character. New York courts recognize that separate property may, in some circumstances, be transformed into marital property through the parties’ actions.
How Courts Divide Property
If the spouses cannot agree, New York courts distribute marital property equitably after considering the statutory factors in Domestic Relations Law 236(B)(5)(d).
Judges consider factors including:
Common Assets and How They May Be Divided
Family Home
The marital residence may be:
The appropriate result depends on equity, financing, carrying costs, children, and the parties’ overall financial circumstances.
Retirement Accounts
Retirement benefits earned during the marriage may be marital property. New York Courts specifically recognizes pensions and other retirement plans as potentially subject to equitable distribution.
Employer-sponsored plans such as pensions and 401(k)s may require a Qualified Domestic Relations Order (QDRO) or another appropriate domestic-relations order to implement the agreed division.
IRAs and other retirement assets may require different transfer procedures.
Vehicles
Vehicles acquired during the marriage may be marital property regardless of whose name appears on the title.
The spouses may agree that one keeps a vehicle while its value is considered as part of the overall property division.
Businesses
A business interest acquired during the marriage, or the marital portion of an existing business, may need to be valued.
Depending on the circumstances, the parties may agree to:
A professional valuation may be appropriate where the value is disputed or difficult to determine. New York’s equitable-distribution statute expressly recognizes the difficulty of valuing certain business or professional interests as a relevant factor.
Debts
Debts may also need to be allocated as part of the divorce.
Relevant considerations may include:
For Express Divorce
If you and your spouse have already agreed on how property and debts will be divided, those terms can be reflected in the documents required for your uncontested divorce.
Complex property issues should be carefully reviewed before any agreement is signed.
Spousal Support (Alimony) in New York
In New York, spousal support paid during or after a divorce is generally called maintenance.
Maintenance may be paid by one spouse to the other during the divorce or after the marriage ends. Not every divorce involves maintenance; whether it applies depends on the parties’ incomes, the statutory guidelines, and the circumstances of the case.
Types of Spousal Maintenance
New York generally recognizes two forms of maintenance in a divorce:
How Spousal Maintenance Is Determined
New York uses statutory maintenance formulas as a starting point. For 2026, the income cap for the maintenance payor is $241,000. The forms and calculations were revised effective March 1, 2026.
The calculation can differ depending on whether child support will also be paid. Courts may also deviate from the guideline amount when application of the formula would be unjust or inappropriate.
Relevant factors may include:
Amount and Duration
The amount of maintenance begins with New York’s statutory guidelines, but duration is considered separately.
Rather than using informal categories such as “short,” “medium,” and “long” marriages, I would use New York’s advisory duration ranges:
These percentages are advisory, not automatic. The ultimate amount and duration depend on the facts of the case and any valid agreement between the spouses.
Modification and Termination
Whether maintenance can later be modified depends on the Judgment of Divorce, the parties’ agreement, and New York law.
Maintenance may terminate upon:
Other circumstances provided in the agreement, judgment, or applicable law
I would remove “cohabitation” as an automatic termination event. Living with another person does not, by itself, automatically terminate New York maintenance.
CALCULATE NEW YORK MAINTENANCE
Required Forms and Documents
A New York uncontested divorce requires a number of documents from the commencement of the case through final judgment.
The exact forms depend on whether you have children, whether maintenance or child support applies, whether your spouse cooperates, and whether you use the traditional uncontested-divorce process or New York’s newer Joint Divorce procedure. New York Courts revised the applicable forms effective March 1, 2026.
Forms to Start Your Divorce
For the traditional uncontested-divorce process, the case generally begins with:
or
Required notices served with the Summons may also include:
These are the actual New York statewide forms; I would not call the commencement document a “petition.”
Core Uncontested Divorce Forms
Depending on the circumstances, the statewide uncontested packet may also include:
New York Courts maintains the complete statewide packet and current versions of these forms.
If You Have Children
Additional documents may be required when children are involved, including:
I would remove the statement that a parent-education certificate is required in most counties. There is no single statewide requirement that should be described that way.
Additional Forms You May Need
Depending on your case, additional documents may include:
If the case becomes contested, additional pleadings, motions, discovery documents, and financial forms may be required. New York Courts specifically distinguishes the uncontested packet from contested-divorce forms.
New York Joint Divorce
I would add a short callout here because it is highly relevant to Express Divorce:
New York now offers an Uncontested Joint Divorce procedure for qualifying spouses who agree on a no-fault divorce and all financial, property, custody, parenting-time, and support issues.
Instead of one spouse filing as Plaintiff against the other as Defendant, the spouses file together using the approved Joint Divorce forms. The current Joint Divorce forms were revised effective March 1, 2026.
Where to Get Forms
Official forms are available from:
Important Notes
Express Divorce
You provide the information. We help turn it into the New York divorce documents required for the service you select.
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The two most important corrections are: do not describe cohabitation as automatically ending maintenance, and use New York’s actual UD form names rather than generic divorce-form terminology.
Divorce is governed by New York law, but filing procedures, local court practices, and practical requirements can vary by county. Find the Supreme Court information and local filing guidance for your county.
What Happens After You File
Once a New York divorce is filed, what happens next depends largely on whether the case is uncontested or contested.
In an uncontested matter, the process generally focuses on service or signed Defendant papers, completing the required financial and family terms, preparing the final documents, and submitting the case for court review.
Immediate Steps
Service of Process
After the divorce action is started, the Defendant must receive the required papers.
If formal personal service is necessary, the Plaintiff generally has 120 days from filing to serve the Defendant. The Plaintiff cannot personally serve the papers; service must be completed by another person who meets New York’s requirements.
If the Defendant is cooperating and does not intend to contest the divorce, the Plaintiff may provide the papers directly and the Defendant may return the appropriate signed uncontested-divorce papers.
Temporary Relief
If an issue cannot wait until the divorce is completed, a party may ask the Supreme Court for temporary relief.
Depending on the circumstances, temporary relief may involve:
These applications are generally more relevant when an issue remains unresolved. A fully agreed uncontested divorce ordinarily should not require extensive motion practice.
Automatic Orders
New York’s Automatic Orders apply statewide in matrimonial actions. They bind the Plaintiff when the Summons or Summons and Complaint is filed and bind the Defendant when the Automatic Orders are served with the Summons.
Among other things, they generally prohibit the parties from:
The orders generally remain in effect until entry of the Judgment of Divorce or until the action otherwise ends, unless modified by court order or qualifying written agreement.
Discovery
Discovery is primarily a feature of contested divorce.
When financial or other issues remain disputed, the parties may be required to exchange information and documents such as:
More extensive discovery may include:
In a straightforward uncontested divorce, extensive litigation-style discovery is usually unnecessary because the spouses have already resolved the material issues.
Settlement Negotiations
A contested case can become uncontested if the spouses resolve their disagreements.
Settlement may be reached through:
Once all necessary issues are resolved, the terms can be documented in a settlement agreement and incorporated into the divorce process.
Court Proceedings
Contested Cases
The Supreme Court may schedule conferences or appearances to manage disputed cases, establish deadlines, address motions, and encourage settlement.
If the parties cannot resolve the disputed issues, the case may proceed to trial, where a judge decides issues such as property division, maintenance, custody, parenting time, or support.
Uncontested Cases
An uncontested divorce is generally submitted to the court with the required final papers for judicial review.
A courtroom hearing is not automatically required in every uncontested divorce. If the submission is complete and legally sufficient, the court may approve the divorce based on the papers and sign the Judgment of Divorce. New York maintains a statewide uncontested-divorce forms process for this purpose.
How Long Does It Take After Filing?
There is no single statewide timeline.
The time required depends on factors such as:
For this reason, I would remove the original fixed ranges of 2–6 months, 4–8 months, 8–18 months, and 12–36+ months, as well as the reference to a mandatory waiting period. The source includes those estimates, but they are not statewide guarantees.
For Express Divorce
If you and your spouse have already resolved the material issues, Express Divorce is designed to help you prepare the required documents and move the uncontested case through the filing and judgment process as efficiently as the court permits.
START A NEW YORK DIVORCE
Contested vs. Uncontested Divorce
Understanding the difference between contested and uncontested divorce is important because it affects the amount of court involvement, the complexity of the process, and the level of legal assistance you may need.
Uncontested Divorce
An uncontested divorce means you and your spouse have resolved the issues necessary to complete the divorce.
That generally includes:
New York Courts provides a specific uncontested-divorce process for spouses who have reached agreement on the relevant financial and parenting issues.
Advantages
Process
Confirm eligibility → Prepare and file the divorce papers → Serve the Defendant or complete agreed Defendant papers → Finalize the settlement terms → Submit the final uncontested papers → Court review → Judgment of Divorce
A formal courtroom hearing is not automatically required in every uncontested case. The judge may review the submitted papers and sign the Judgment of Divorce if the case is complete and legally sufficient.
Contested Divorce
A divorce is contested when the spouses disagree about one or more material issues that must be resolved before the marriage can be dissolved.
Common areas of disagreement include:
New York Courts notes that contested cases can require numerous appearances in Supreme Court because the judge needs information and evidence to decide unresolved issues.
Process
File the case → Serve the Defendant → Answer or other contested pleadings → Court conferences → Financial disclosure and discovery → Motions, if necessary → Settlement efforts → Trial, if unresolved → Judgment of Divorce
Why Contested Divorce Can Cost More
A contested case may require:
The more issues that remain disputed, the more legal work the case may require.
Can You Avoid a Contested Divorce?
Sometimes.
A case that begins with disagreements can become uncontested if the spouses later resolve the disputed issues.
Possible settlement approaches include:
New York Courts specifically identifies mediation and collaborative family law as alternatives that may help spouses resolve disagreements without continuing through full litigation.
The goal is not simply to “avoid court.”
The goal is to resolve the issues on terms both spouses can accept while making sure the agreement is complete, workable, and legally appropriate.
When Is a Contested Divorce Necessary?
Litigation may be necessary when important issues cannot safely or fairly be resolved by agreement.
Examples may include:
In those circumstances, the Supreme Court may need to decide the unresolved issues before the divorce can be completed. New York Courts also cautions that alternative dispute resolution may not be appropriate where domestic violence or abuse is present.
For Express Divorce
Express Divorce is designed for qualifying uncontested matters.
If you and your spouse have already resolved the material issues, we help you turn that agreement into the documents and filings needed to complete the New York divorce process.
SEE IF YOUR DIVORCE QUALIFIES
I would specifically remove the original “3–6 months,” “$3,500–$8,500 versus $40,000–$100,000+,” “brief final hearing,” and “arbitration is faster than court” statements. They are either too categorical or not necessary for this page.
Common Mistakes to Avoid
Divorce decisions can have long-term financial and family consequences. These are some of the most common mistakes to avoid during a New York divorce.
1. Hiding Assets or Providing Incomplete Financial Information
New York matrimonial cases require meaningful financial disclosure. Concealing assets, understating income, or submitting inaccurate financial information can damage credibility and may lead to sanctions or other adverse consequences.
If financial disclosure is required, make sure it is complete and accurate. New York uses a statewide Statement of Net Worth in matrimonial matters.
2. Putting Children in the Middle
Avoid involving children in adult disputes.
Speaking negatively about the other parent, interfering with parenting time, asking children to carry messages, or pressuring them to take sides can increase conflict and may become relevant if custody or parenting time is disputed.
Keep parenting decisions focused on the child’s needs rather than the conflict between the adults.
3. Ignoring Court Orders
Once a court order is entered, it must be followed unless it is modified, stayed, or vacated.
If circumstances change and an existing custody, support, or financial order no longer works, the appropriate response is generally to seek legal advice about modification—not simply disregard the order.
4. Treating Social Media as Private
Social-media posts, messages, photographs, and other online activity may become relevant in divorce litigation.
Be particularly careful about posting information concerning:
A useful rule is simple: do not post anything you would be uncomfortable seeing attached to court papers.
5. Making Major Financial Changes After Filing
New York’s Automatic Orders apply statewide in matrimonial actions. They restrict certain financial activity once the divorce begins.
Among other things, the parties generally may not, outside permitted exceptions:
The orders bind the Plaintiff upon filing and the Defendant once served, and generally remain in effect until entry of the Judgment of Divorce or other termination of the action.
6. Ignoring Tax Consequences
Two assets with the same dollar value may have very different tax consequences.
Retirement accounts, real estate, investment assets, stock compensation, and business interests may all carry different tax treatment. Before agreeing to a significant property division, understand both the current value of the asset and the tax consequences associated with keeping, selling, or transferring it.
For significant assets, tax advice may be appropriate before the settlement is finalized.
7. Forgetting Estate and Beneficiary Planning
Divorce can affect wills, trusts, beneficiary designations, powers of attorney, and jointly held property.
New York law generally revokes many revocable dispositions and appointments benefiting a former spouse upon divorce, including provisions in wills and, subject to applicable law, certain beneficiary designations. But there are important exceptions and federal-law issues, particularly with some retirement plans.
For that reason, do not simply assume everything changes automatically.
After divorce, review:
8. Moving Out Without Understanding the Consequences
Moving out of the marital residence does not automatically mean that you surrender your ownership interest or legally “abandon” the marriage.
But it can have practical consequences involving children, parenting schedules, carrying costs, access to property, and temporary living arrangements.
Before making a major move—particularly when children, safety concerns, or substantial property are involved—understand the practical and legal implications.
9. Signing an Agreement You Do Not Understand
A divorce settlement can determine important rights involving:
Read every provision carefully before signing.
Once a matrimonial agreement is properly executed and incorporated into a divorce judgment, changing its terms later may be difficult. If you do not understand a provision or its consequences, consider having an attorney review it before you sign.
10. Letting Conflict Determine the Settlement
Divorce can involve strong emotions, but financial and parenting decisions should be made with the future in mind.
Before fighting over an issue, consider:
For an Uncontested Divorce
The advantage of an uncontested divorce is that the spouses—not the judge—resolve the material terms.
The goal should be an agreement that is clear, complete, workable, and understood by both parties before it is signed.
SEE IF YOUR DIVORCE QUALIFIES
I would especially keep the revised #7. The original statement that divorce does not automatically affect life-insurance or retirement beneficiary designations is too broad. New York EPTL §5-1.4 actually revokes many revocable former-spouse dispositions upon divorce, although federal law and particular governing instruments can change the result.
Alternatives to Traditional Divorce
Traditional litigation is not the only way to resolve a New York divorce.
If you and your spouse can reach agreement, there may be more efficient and less adversarial ways to resolve the issues and move toward an uncontested divorce.
1. Uncontested Divorce with a Settlement Agreement
If you and your spouse agree on the material terms of your divorce, you may be able to proceed as an uncontested case.
That generally means reaching agreement on:
The agreed terms can be set out in a settlement agreement and submitted as part of the divorce process. New York Courts describes uncontested divorce as a process for spouses who have already resolved their property, financial, and parenting issues.
Best suited for:
Spouses who have reached agreement and want a more streamlined path to final judgment.
2. Mediation
In mediation, a neutral mediator helps the spouses communicate, identify the issues, and work toward a mutually acceptable settlement.
The mediator does not decide the case and does not represent either spouse.
Mediation may offer:
If mediation succeeds, the agreed terms can then be documented and used to complete the divorce.
New York Courts also notes that mediation may not be appropriate where domestic violence, abuse, serious power imbalances, or certain other safety concerns are present.
3. Collaborative Divorce
Collaborative divorce is a settlement-focused process in which each spouse has their own collaboratively trained attorney and the participants commit to resolving the case without traditional litigation.
The process generally includes:
A defining feature of collaborative practice is the parties’ commitment not to litigate while participating in the collaborative process. If the process ends without settlement, the collaborative attorneys generally do not continue as litigation counsel.
Best suited for:
Spouses who have issues to resolve but want a structured, attorney-supported process focused on settlement.
4. Arbitration
In arbitration, the spouses agree to submit one or more disputes to a neutral arbitrator rather than asking a judge to decide them through a traditional trial.
An arbitrator hears the parties’ positions and evidence and then issues a decision. Arbitration may be either binding or nonbinding depending on the parties’ agreement and the applicable process. In binding arbitration, review of the decision is generally much more limited than an ordinary appeal from a court judgment.
Potential advantages may include:
Arbitration is not the same as mediation: the mediator helps the parties reach their own agreement; the arbitrator makes a decision.
Which Option Is Right for You?
Choose an uncontested divorce if:
You and your spouse have already resolved the material issues and are ready to document the agreement and complete the divorce.
Consider mediation if:
You have disagreements but believe you can reach agreement with the assistance of a neutral professional.
Consider collaborative divorce if:
You want each spouse to have independent counsel while committing to a structured settlement process outside traditional litigation.
Consider arbitration if:
You agree that a private neutral should decide a particular dispute rather than having it decided through a traditional court trial.
Traditional litigation may be necessary if:
Important issues cannot be resolved voluntarily, meaningful financial disclosure is not being provided, safety concerns exist, or judicial intervention is otherwise necessary.
New York Courts encourages appropriate use of ADR and provides court-connected and community-based programs throughout the state, although the particular options available depend on the court and location.
For Express Divorce
Express Divorce is designed for the point at which the issues are resolved.
If negotiation, mediation, or another settlement process helps you and your spouse reach agreement, Express Divorce can help qualifying couples move from agreement to the documents and filing steps needed to complete an uncontested New York divorce.
SEE IF YOUR DIVORCE QUALIFIES
Frequently Asked Questions
Can I get a divorce while pregnant in New York?
Pregnancy does not prevent a spouse from filing for divorce in New York.
However, pregnancy can affect the issues that must be addressed before the divorce is completed, including parentage, custody, health insurance, and child support after the child is born. New York’s no-fault statute requires the relevant child-related issues to be resolved before judgment.
I would not publish the categorical statement that a New York judge can never finalize a divorce until after the baby is born. I did not find New York Court authority supporting that blanket rule.
Do I have to go to court for an uncontested divorce?
Not necessarily.
Many New York uncontested divorces are decided based on the written papers submitted to the court. Under New York’s court rules, the required proof in an uncontested matrimonial action may ordinarily be submitted by affidavit, although the judge can direct a hearing if the papers are insufficient or additional evidence is necessary.
If the papers are complete and the divorce is approved, the judge signs the Judgment of Divorce and the parties are notified.
Can I date during my divorce?
New York does not generally prohibit dating while a divorce is pending.
However, you remain legally married until the judge signs the Judgment of Divorce. Dating can also create practical complications if it affects parenting arrangements, household finances, settlement negotiations, or an already contentious relationship.
For most uncontested cases, the more important question is whether the new relationship affects any issue that must be resolved before judgment.
What if my spouse refuses to sign the divorce papers?
Your spouse does not necessarily have to sign papers for the divorce to proceed.
If the Defendant is properly served and does nothing, the case may proceed as an uncontested default. New York Courts states that if the Defendant defaults, the Plaintiff generally waits 40 days after service before filing the remaining uncontested-divorce papers.
If the Defendant contests the divorce or disputes financial, property, custody, or support issues, however, the matter becomes contested and may require additional court proceedings.
Can I get an annulment instead of a divorce?
Only in limited circumstances.
Unlike divorce, which ends a valid marriage, an annulment is based on a legal defect affecting the validity of the marriage.
Possible grounds in New York include:
Annulment has specific evidentiary requirements, and New York Courts does not provide standard annulment forms.
How is adultery handled in a New York divorce?
Adultery remains one of New York’s statutory grounds for divorce. It can be difficult to prove because evidence beyond the testimony of the spouses may be required.
For most uncontested divorces, however, the simpler route is the no-fault ground of irretrievable breakdown of the relationship for at least six months.
I would avoid suggesting that adultery automatically changes property division, maintenance, or custody. Those issues are governed by their own statutory standards, and the significance of marital misconduct is highly fact-specific.
Do grandparents have rights in New York?
Grandparents may ask a New York court for custody or visitation in appropriate circumstances, but they do not automatically receive those rights simply because they are grandparents.
New York Courts confirms that grandparents may file for visitation, and a grandparent may also petition for custody. The court ultimately considers whether the legal requirements for the petition are satisfied and whether the requested arrangement is in the child’s best interests.
Grandparent issues are generally separate from the routine Express Divorce process.
Can I change my name during the divorce?
Yes.
You may ask the divorce court for permission to resume using a former surname. If granted, the Judgment of Divorce will state that you may resume that name, and the judgment can then be used to update identification and other records.
A divorce judgment cannot be used to adopt an entirely new surname that you have never previously used; a separate name-change process may be needed for that.
What if I cannot afford the filing fees?
If paying the court fees would create serious financial hardship, you may apply for a fee waiver.
New York Courts provides statewide fee-waiver forms for uncontested divorce cases, including an application and proposed order. The court reviews the applicant’s financial circumstances and determines whether the fees should be waived.
Can we use the same attorney?
Generally, one attorney should not act as independent legal counsel for both spouses in the same divorce because the spouses can have differing legal interests.
New York’s conflict-of-interest rule prohibits representation involving differing interests unless specific requirements are satisfied, and it expressly limits concurrent representation where one client is asserting a claim against another client in the same proceeding.
That does not prevent:
For an agreement involving important financial or parenting rights, each spouse may choose to obtain independent legal advice before signing.
Related Guides
I would remove Pennsylvania, New Jersey, Massachusetts, and Connecticut completely from this page.
Replace them with:
New York Online Divorce
How the online uncontested-divorce process works and who may qualify.
New York Divorce Costs
Understand court fees, professional fees, and the factors that affect the total cost of divorce.
How Long Does Divorce Take in New York?
Learn what can make an uncontested divorce move efficiently—and what can cause delays.
New York Divorce Forms
A practical guide to the papers used from filing through Judgment of Divorce.
New York Child Support Guide
Understand the Child Support Standards Act and how support is calculated.
New York Child Custody Guide
Learn about legal custody, residential custody, parenting time, and the best-interests standard.
New York Uncontested Divorce
What it means to be uncontested and how agreement changes the divorce process.
We prepare your New York uncontested-divorce paperwork and provide clear filing instructions. You handle the filing with the court.
Get help with your New York divorce paperwork, court filing, spouse signatures, and the steps needed to move your uncontested divorce forward.
We handle your entire uncontested divorce process from start to finish, including paperwork preparation, filing, and court coordination so you don’t have to manage any steps on your own.
Express Divorce was created to make New York uncontested divorce easier to understand and easier to complete.
From preparing your paperwork to helping with filing and signatures, our team provides the level of support you choose — with attorney review and attorney-led options available when you want more guidance.