Introduction

An uncontested divorce in New York is an ideal option for couples who are in agreement about the terms of their separation, including issues like property division, child custody, and support. This type of divorce is generally faster, less costly, and less emotionally draining than a contested divorce. Here’s a step-by-step guide to help you understand How to Get Uncontested Divorce in New York.


Step 1: Meet the Residency Requirements

Before you file for divorce in New York, you must meet the state’s residency requirements. Either you or your spouse must have been a resident of New York for at least one year before filing, or you must have been married in New York and lived in the state for at least one year. Alternatively, you can file for divorce if the grounds for divorce occurred in New York and you are currently a resident. Meeting these residency criteria is essential for your case to be heard in a New York court.

Step 2: Agree on the Terms of Divorce

The key to an uncontested divorce is agreement between both parties on all critical issues, including:

  • Division of Property: Decide how to divide marital assets such as real estate, bank accounts, retirement funds, and debts.

  • Spousal Support (Alimony): Determine whether either spouse will receive spousal support, the amount, and the duration.

  • Child Custody and Support: If you have children, you will need to agree on custody, visitation schedules, and child support payments. The court will ensure the arrangement is in the child’s best interest.

  • Health Insurance and Other Benefits: Address how health insurance and any other benefits will be managed after the divorce.

Having a written separation agreement that covers all these issues will significantly simplify the divorce process. This agreement should be clear, fair, and mutually accepted.

Step 3: Prepare the Divorce Papers

Once you’ve agreed on the terms, the next step is to prepare the divorce paperwork. The forms can typically be obtained from the New York State Unified Court System website or your local court. The main forms you’ll need include:

  1. Summons with Notice or Summons and Verified Complaint – This form notifies the other spouse that a divorce has been filed and outlines the reasons for the divorce.

  2. Verified Complaint for Divorce – This document explains the reasons for the divorce and outlines any issues regarding child custody, spousal support, or property division.

  3. Affidavit of Service – This form proves that the divorce papers were properly served on your spouse.

  4. Separation Agreement – If you and your spouse have reached a comprehensive agreement on all divorce terms, this document will serve as the basis for your divorce judgment.

  5. Request for Judicial Intervention (RJI) – This form may be necessary if there are contested issues or if the court requires intervention. For an uncontested divorce, this may not be needed.

You should ensure that all forms are properly completed and signed by both parties.

Step 4: File the Divorce Papers with the Court

Once your divorce papers are prepared, they need to be filed with the Supreme Court of the county where either you or your spouse resides. The filing fee is typically around $210, though it can vary by county. If you cannot afford the filing fee, you can apply for a fee waiver by submitting an Application for Poor Person’s Order. After filing the papers, you will be given a docket number and a date for your hearing or court review.

Step 5: Serve the Divorce Papers

Your spouse must be served with the divorce papers in a formal manner. This can be done by a process server, a sheriff, or another third party who is over 18 and not involved in the case. If your spouse agrees to accept the papers, they can sign an Acknowledgment of Service form. You will need to file proof of service with the court to proceed.

Step 6: Finalize the Divorce

After your spouse has been served, and if there are no disputes, the court can proceed to finalize the divorce. If your divorce is uncontested and the terms are clear, a judge will review your documents and may schedule a brief hearing, though it is often not required. If the judge is satisfied with the agreement, they will issue a Judgment of Divorce, which legally dissolves the marriage.

Step 7: Receive the Judgment of Divorce

Once the divorce is finalized, you will receive the Judgment of Divorce from the court. This is the official document that ends your marriage. If you and your spouse have minor children, the Judgment of Divorce will also include details about custody, visitation, and child support arrangements.

Conclusion

Getting How to Get Divorce in New York is a straightforward process when both spouses agree on the terms. By meeting residency requirements, preparing the proper paperwork, and ensuring mutual consent, you can navigate the divorce process efficiently. While the paperwork can be daunting, you may want to consult with a divorce lawyer to ensure everything is handled correctly and fairly. An uncontested divorce is often the best option for couples looking to minimize conflict and move forward with their lives.