Guide to Uncontested Divorce in New York

Uncontested / Simple Divorce in New York: A Plain-English Guide

Thinking about an uncontested divorce in New York but worried it will be too expensive or complicated? Many couples in New York end their marriage through an Uncontested Divorce Packet process that is mostly paperwork based, without a trial and without both sides hiring lawyers.

This guide explains how an uncontested divorce in New York works: who qualifies, which court you use, the key steps, typical timelines, and where a do-it-yourself approach can make sense. We’ll keep the language straightforward and avoid legal jargon as much as possible.

We’ll focus on cases where both spouses are willing to cooperate and there are no major fights over money, property, or children. That’s what people usually mean when they talk about a “simple divorce” or “uncontested divorce” in New York.

Important disclaimer: PlainDivorce.com is not a law firm. This guide is general legal information, not legal advice for your situation. Court rules, forms, and fees can change, and some county practices vary. Always double check with the official New York courts before you file.

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Table of Contents

• 1. What Is an Uncontested or Simple Divorce in New York?
• 2. Who Qualifies for an Uncontested Divorce in New York?
• 3. Step by Step Overview of the Uncontested Divorce Process
• 4. Special Issues When You Have Children
• 5. How Long Does an Uncontested Divorce Take in New York?
• 6. What Does an Uncontested Divorce Cost in New York?
• 7. When a DIY Divorce Might Not Be Right for You
• 8. Where a Self-Help Divorce Kit Fits Into the Process
• 9. Final Thoughts and Next Steps

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1. What Is an Uncontested or Simple Divorce in New York?

In New York, an uncontested divorce usually means:

• One spouse starts the divorce case in the Supreme Court (in the county where the case is filed),
• There are no unresolved disagreements about the key issues (children, support, property, debts), and
• The other spouse either signs the required papers to agree, or does not respond (a “default”) after being properly served.

This is why people often call it a simple divorce. The judge typically reviews your paperwork as a packet (often called the Uniform Uncontested Divorce Packet or Uncontested Divorce Packet) rather than holding a trial.

By contrast, a contested divorce is when one spouse disputes something important (custody, support, property division, or even the divorce itself). Contested cases usually involve multiple court appearances, motion practice, and often lawyers on both sides.

In an uncontested divorce, you and your spouse have already made the major decisions and are asking the court to approve and finalize the outcome.

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2. Who Qualifies for an Uncontested Divorce in New York?

To use the uncontested (or “simple”) divorce process in New York, you generally need to meet three categories of requirements: residency, legal grounds, and uncontested conditions.

2.1 New York residency requirements

New York has multiple residency rules. You only need to meet one of them, but you must meet it on the day you file. Common examples include:

• Two-year New York residency: You or your spouse has lived in New York for at least 2 continuous years before filing; or
• One-year residency + New York connection: You or your spouse has lived in New York for at least 1 continuous year before filing and your marriage has a New York connection (for example, you were married in New York, you lived here as a married couple, or the reasons for the divorce happened here); or
• Both spouses are NY residents and the marriage breakdown happened here: On the day you file, you both live in New York and the events that led to the divorce took place in New York.

If you are unsure which residency rule applies, consider reviewing official CourtHelp materials or getting legal advice from a New York lawyer or legal aid program before filing.

2.2 Grounds for divorce (New York’s no-fault option)

New York offers several “grounds” for divorce, including older fault based grounds. However, most uncontested divorces rely on New York’s no-fault ground:

• The marriage has broken down “irretrievably” (no realistic chance of reconciliation),
• It has been broken down for at least six months, and
• One spouse confirms this in writing as part of the divorce paperwork.

You generally do not need to prove fault or provide detailed personal facts to use the no-fault route, which is part of what makes uncontested cases simpler for many couples.

2.3 What makes a New York case “uncontested”?

To stay in the uncontested lane, all of these generally need to be true:

• You satisfy a New York residency rule.
• You have valid grounds for divorce (often the no-fault “irretrievable breakdown” ground).
• You and your spouse have no unresolved disputes about:
  • Child custody and parenting time, if you have children under 21,
  • Child support,
  • Spousal support (maintenance), if any, and
  • How to divide property and debts.
• Your spouse is willing to sign the necessary uncontested paperwork, or will not fight the case after service.

If your spouse plans to dispute major issues, the case can become contested, and the Uncontested Divorce Packet approach may no longer fit.

2.4 When uncontested or DIY may not be a good fit

A New York uncontested divorce is often not a good DIY match if:

• There is domestic violence, threats, or intimidation.
• One spouse controls the money or documents, and the other can’t verify what exists.
• You own a business, multiple properties, or have large retirement assets.
• You suspect hidden income, debt, or assets.
• Immigration status, serious tax issues, bankruptcy, or complex debts are involved.
• There are serious disputes about the children’s safety or where they should live.

In these situations, it’s strongly recommended to speak with a New York lawyer or legal aid program before you commit to a DIY filing.

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3. Step by Step Overview of the Uncontested Divorce Process

The exact details can vary by county, but most uncontested divorces in New York follow a similar path. The most important “pro tip” is this: New York is packet driven. If your paperwork is incomplete, your case can stall.

Step 1 – Make sure you actually qualify

Before you print anything, confirm three basics:

• Do you meet a New York residency rule?
• Has the marriage been “irretrievably broken” for at least six months (or do you have another valid ground)?
• Have you and your spouse resolved issues about children, support, and property?

If any answer is “no” or “I’m not sure,” pause and get reliable information (or legal advice) before you file.

Step 2 – Sort out children, support, and property

The court is looking for clear, workable arrangements. Whether you use an informal written agreement or a formal settlement agreement, think through:

• Custody and decision making: Who makes major decisions, and where will the children live?
• Parenting time: A realistic schedule (including holidays and vacations).
• Child support: Guideline support, payment method, and health insurance coverage.
• Spousal support (maintenance): Whether it applies and, if so, basic terms.
• Property and debts: How you will divide the home, vehicles, accounts, retirement, and liabilities.

Being specific now reduces the risk of a rejected packet later.

Step 3 – Prepare the Uncontested Divorce Packet (UD-Series forms)

New York’s Unified Court System publishes a standardized set of UD-Series forms (often called the Uniform Uncontested Divorce Packet). These form codes matter because people often search them directly when they get stuck.

To begin the case, many filers start with one of these “starting papers” options:

• Summons with Notice (Form UD-1) or
• Summons (Form UD-1a) plus a Verified Complaint (Form UD-2)

Child support hard stop (if you have children under 21): New York requires a separate Child Support Summary Form (UCS-111) in packet filings involving child support. It is not the same thing as your worksheet or your judgment, and missing it can stall processing.

Accuracy tip: Names, dates, and addresses must match across the entire packet. Small inconsistencies are a common reason paperwork gets returned.

Step 4 – File your papers with the Supreme Court (and get your Index Number)

You file in the Supreme Court in the New York county where your case will proceed (the County Clerk’s Office usually processes the filing and fees). Some counties also allow (or require) electronic filing through NYSCEF.

When you start the case, you purchase an Index Number. This is your case number, and it must appear on future documents.

Step 5 – Serve your spouse (if required)

In many New York cases, divorce papers must be personally served. In plain English, that usually means:

• Someone age 18+ who is not a party to the case (not you) delivers the papers to your spouse, and
• You file proof of service paperwork with the court.

Your spouse typically has 20 days to respond if served within New York, or 30 days if served outside New York. If they respond and dispute issues, the case may become contested. If they sign the required uncontested papers or do not respond, you can usually continue with the uncontested packet route.

Step 6 – Submit the remaining uncontested packet for review (the packet stack step)

Once your spouse has either agreed or defaulted, you submit the rest of your Uncontested Divorce Packet to the court for review. This is where many DIY cases stall, not because the divorce is “contested,” but because a required administrative form is missing.

Default hard stop (important): In many default cases, getting “default entered” is only Step 1. To actually receive a final divorce judgment, you typically must file a second submission set for the final hearing stage, including a Notice of Proposed Final Judgment served on your spouse with enough lead time (often described as 20 days before the final default hearing). If you skip this notice, the judge may not be able to sign the final judgment.

In many uncontested cases, there is no in-person hearing. If something is missing or unclear, the court may send a notice requesting corrections or additional documents.

Step 7 – Receive the Judgment of Divorce (and keep your proof)

If the judge approves your packet, they sign your Judgment of Divorce (UD-11). The clerk processes it, and you follow the instructions for serving the final judgment documents (often including a Notice of Entry) on your former spouse.

The signed Judgment is your key proof that you are divorced. You can request certified copies later if needed for records, agencies, or remarriage.

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4. Special Issues When You Have Children

Having children under 21 does not prevent you from getting a New York uncontested divorce, but it does mean the court reviews your paperwork more carefully.

In an uncontested divorce with children, the judge typically expects to see:

• A clear custody and parenting time arrangement,
• Child support calculations (or a clear explanation if something is different from guidelines),
• The Child Support Summary Form (UCS-111) (a separate required summary form in many filings),
• Health insurance details and how unreimbursed medical costs will be shared.

If your paperwork is vague (“we’ll decide later”) or appears unfair to the children, the judge can require changes before signing the Judgment, even if both parents agree.

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5. How Long Does an Uncontested Divorce Take in New York?

There is no single statewide timeline for every county. Many uncontested divorces are completed in roughly three to six months after filing, assuming service is completed properly and your packet is accurate and complete.

Your timeline can vary based on:

• How quickly you prepare and correct forms,
• How soon your spouse is served (if required),
• Whether your spouse signs promptly or defaults,
• How busy your county’s Supreme Court is, and
• Whether the judge requests corrections or additional documents.

Once the Judgment of Divorce is signed and processed (and final steps like service of the judgment are completed as required), the marriage is legally over.

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6. What Does an Uncontested Divorce Cost in New York?

New York’s fee structure is one reason DIY filers get confused, because the fees are commonly split into two major stages.

Stage 1: Index Number fee. To start (commence) the divorce case, you purchase an Index Number (commonly listed as $210). This “opens” your case and creates the number you put on the caption of later documents.

Stage 2: Calendar and review fees (Note of Issue and RJI). Later, when you submit your uncontested packet for judicial review, your county may require a Note of Issue and a Request for Judicial Intervention (RJI). Many New York court materials describe the commonly listed $125 amount as a combined total, often explained as $95 (RJI) + $30 (Note of Issue). County procedures vary, so always confirm with your County Clerk.

If you have very low income, you may be able to apply for a fee waiver (often called “poor person relief”). Check official NY court materials for the current process and forms.

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7. When a DIY Divorce Might Not Be Right for You

DIY can save money in a straightforward case, but it is not the best fit for everyone. Strongly consider getting legal advice (and possibly representation) if any of these apply:

• There is a history of domestic violence, threats, stalking, or coercive control.
• You suspect hidden bank accounts, retirement funds, income, or business interests.
• You own a business, multiple homes, or high value investments.
• Either spouse faces serious tax issues or bankruptcy.
• Immigration status may be affected by the timing of the divorce.
• There are major disagreements about custody, relocation, or the children’s safety.
• You feel pressured to sign an agreement you don’t understand.

Even a short consultation with a New York lawyer or reputable legal clinic can help you avoid expensive mistakes.

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8. Where a Self-Help Divorce Kit Fits Into the Process

If your situation is truly uncontested and relatively straightforward, a DIY approach can work, but New York’s paperwork volume is where many people get stuck. A good self-help kit is most valuable when it helps you assemble a clean, consistent Uncontested Divorce Packet and avoid rejections.

A New York uncontested divorce self-help kit can help you:

• Understand the overall process before you file anything,
• Organize information about your children, income, property, and debts,
• Learn how the UD-series documents fit together (and why each one matters),
• Stay on track for the packet submission stage (including RJI and Note of Issue where required), and
• Avoid common errors that cause clerk rejections and delays.

Download Our New York Uncontested Divorce Self-Help Kit

PlainDivorce.com focuses on uncontested divorces only. Our goal is to give self-represented New Yorkers clear, practical tools to handle a simple divorce without turning it into a full scale legal project.

Still, even with a kit, you remain responsible for confirming that your forms and fees match the latest official requirements and for deciding whether you need independent legal advice.

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9. Final Thoughts and Next Steps

Starting an uncontested divorce in New York can feel overwhelming, mostly because the process is packet heavy. But many people successfully complete an uncontested divorce each year by carefully following the official instructions and submitting a complete Uncontested Divorce Packet.

If you take it step by step, confirm eligibility, and keep your paperwork consistent, an uncontested divorce can be manageable. When possible, keep communication with your spouse calm and practical so the case doesn’t drift into a contested battle.

Remember:

• This guide is legal information only, not personalized legal advice.
• PlainDivorce.com is not a law firm and cannot represent you in court.
• New York court rules, forms, and fees can change, and some county practices vary, always confirm details with official New York court sources before you file.

Once you’ve reviewed eligibility and the basic steps, your next move is deciding whether a DIY approach fits your situation. For many straightforward cases, a clear self-help kit plus the official UD-series forms provides the structure and confidence needed to move forward.