Uncontested Divorce in New York

Find out if you qualify, how to file the paperwork, what it costs, and how long it typically takes.

By , Retired Judge
Updated By Stacy Barrett, Attorney UC Law San Francisco

Divorce can be stressful even under the best of circumstances. But it doesn’t have to involve a drawn-out, expensive court battle. If you and your spouse can agree on how you’ll deal with the legal, financial, and practical details involved in ending your marriage, you can save money and time by getting an uncontested divorce in New York.

How to Qualify for an Uncontested Divorce in New York

There are three basic requirements to file for an uncontested divorce in New York: agreement on the no-fault reason for your divorce, a residency requirement, and agreement on the issues in your case.

No-Fault Grounds for Divorce

As in all states, you need a legally accepted reason (or “ground”) for divorce in New York. The state allows divorce based on both “fault” and “no-fault” grounds.

When you file for a fault-based divorce, you have to prove that your spouse was to blame for the end of your marriage by engaging in a certain type of misconduct (such as adultery or cruelty). Fault-based divorces are almost always contested.

For an uncontested divorce, you should use one of New York's two no-fault grounds. The most straightforward option is to state under oath that the marriage has broken down "irretrievably" for at least six months. This means that you and your spouse haven't been able to make the marriage work for at least that long and there's no reasonable chance you'll get back together. Your spouse can't challenge this ground in court.

The second no-fault option is available to couples who have already been living apart for at least six months under a written separation agreement or court-ordered judgment of separation.

(N.Y. Dom. Rel. Law § 170 (2026).)

New York’s Residency Requirement

Before you can file for divorce in New York, you or your spouse must have a real connection to the state. You qualify if you meet any one of the following criteria:

  • Two-year rule: Either you or your spouse has lived in New York for at least two years in a row right before you file.
  • Both living here now: The cause of your divorce happened in New York, and both of you are currently living in the state.
  • One-year plus a New York connection: Either you or your spouse has lived in New York for at least one continuous year just before you file, and at least one of these is also true: you got married in the state, you lived together as a married couple in New York, or the cause of your divorce happened in New York.

New York courts have found that when the law talks about the "cause of your divorce," it means a specific act by one spouse, not the general breakdown of the marriage. So if you're filing for a no-fault divorce based on irretrievable breakdown, you can't use that breakdown as your New York connection. (N.Y. Dom. Rel. Law § 230 (2026); Patty P. v. Jason P., 106 N.Y.S.3d 765 (N.Y. Sup. Ct. 2019).)

Agreement on All Divorce Issues

For your divorce to be truly uncontested, you and your spouse will need to work out agreements on all the issues in your case, including:

If you’re having trouble agreeing about any of these issues—or any other matters you want to address in your divorce—mediation might help you find solutions that work for both you and your spouse. Most mediators will prepare a document that reflects any agreements you’ve reached during the process. This document can then be the basis for your written divorce settlement agreement (also sometimes called a “marital settlement agreement” or “property settlement agreement").

Preparing Uncontested Divorce Forms in New York

As with most legal proceedings, you’ll need to submit some forms to start your uncontested New York divorce case. Which forms you use depends on which no-fault ground you're filing under.

If you are using the irretrievable breakdown ground, couples can use the Uncontested Joint Divorce forms. With this process, both spouses are copetitioners. This type of divorce is typically easier and quicker to get because you don't have to prove the grounds (reasons) for the divorce, and because you file the paperwork together rather than one spouse filing for a divorce against the other. You can download the forms and an information booklet with full instructions from the New York Courts Uncontested Joint Divorce page.

If you're pursuing a divorce on any other legal ground, you'll use the traditional Uncontested Divorce forms instead. With the traditional forms, the filing spouse is the "plaintiff," and the responding spouse is the "defendant."

If you would like help with the paperwork but don't want (or can't afford) to hire a divorce lawyer, you might consider using an online divorce service. An online divorce walks you through the paperwork you need for your situation, and then tells you how to file it. The cost of online divorce services varies, but it's typically in the $150 to $750 range, with extra charges for additional services like filing and tracking the paperwork for you.

Filing Your Uncontested Divorce Paperwork in New York

Once you and your spouse have completed and signed all of the necessary forms, they'll have to be filed with the court. Generally, you'll do this by bringing copies in person to the Supreme Court Clerk's office of the county where you’re starting the divorce.

As of February 2025, you can file for divorce in the county where you live or where your spouse lives. If you have children, you may also be able to file in the county where your children live. (N.Y. C.P.L.R. § 515 (2026).)

If you’d prefer not to hand-deliver your documents to the court, check with the clerk's office about the possibility of using the state’s electronic filing system.

When you file your divorce papers, the clerk will give you an index number. You'll need to include that number on all the other documents you file in connection with your divorce case. There’s a fee for the index number, as well as other filing fees (more on that below).

When you've filed your uncontested divorce papers jointly, there's no need to serve your spouse with the paperwork. Just make sure that both of you have copies of all the signed forms that you've filed.

Finalizing Your Uncontested Divorce in New York

Filing your initial divorce paperwork is not always the last step. Along with your divorce forms, you must file your signed settlement agreement with the court for a judge to review. Once the judge approves the agreement, it becomes part of your final divorce judgment and is legally enforceable.

Depending on your county and the specifics of your case, the court might require you to submit additional documents before a judge will sign your final divorce judgment, such as a Note of Issue to signal that the case is ready for a judge to review. Learn more about filing for divorce in New York, including further details on the documents required to finalize your case.

With an uncontested divorce, you typically don't have to attend a hearing in New York to get your final divorce judgment. The judge will simply review all of your paperwork and, if everything is in order, sign the judgment of divorce.

How Long Does It Take to Get an Uncontested Divorce in New York?

Unlike some states, New York doesn't have a mandatory minimum waiting period before you can get your final divorce. Also, filing for an uncontested joint divorce means there's no need to serve the paperwork on the defendant spouse and wait for them to respond.

However, that doesn't mean you'll get your final divorce immediately after you've filed the initial forms. Uncontested divorces in New York typically take about three to six months from filing to finalization, though some cases take as little as six weeks when all the paperwork is in order and the court's docket is relatively clear. The length of time it will take to finalize your case depends mostly on two factors:

  • how quickly you can get all the required documentation correctly submitted, and
  • how busy the court is in your county, which can affect how soon a judge will be available to review your documents and sign your divorce judgment.

How Much Does an Uncontested Divorce Cost in New York?

As a rule, an uncontested divorce is a lot cheaper than a traditional, contested divorce. That’s largely because many couples can get through the uncontested divorce process without hiring lawyers, which leads to big savings on the normal cost of divorce.

You'll have to pay various court fees to get an uncontested divorce. The filing fees for an uncontested divorce—including the index number fee, the fee to have a judge assigned to your case, and the note of issue fee—total at least $335 (as of 2026, but always subject to change). If you can’t afford the fees, you can request a fee waiver.

Can You Get an Uncontested Divorce Without a Lawyer in New York?

Many people successfully handle an uncontested divorce in New York without hiring an attorney. The New York Court system offers free forms and instructions for self-represented people, and the uncontested joint divorce process is designed to be navigated without legal help.

A purely do-it-yourself divorce tends to work best when you have no significant assets or debts, no children under 21 years old, and no power imbalances in your relationship.

If your situation is more complicated or you just want some help getting through the paperwork, you have options that cost less than hiring a full-servicedivorce lawyer:

  • Online divorce services. Walk you through the forms step-by-step and typically cost between $150 and $750, with extra charges for filing the paperwork for you or having an attorney review it.
  • Mediation. If you need help to reach a settlement agreement, private divorce mediation typically costs between $3,000 and $9,000, depending on the number and complexity of the issues involved and where in New York you live. Couples normally split the cost of mediation, so you'll usually pay half. If cost is a concern, you might be able to get free or low-cost mediation through New York's Community Dispute Resolution Centers or through the court.
  • Limited-scope representation. Allows you to hire a lawyer for just one part of your case, such as reviewing your settlement agreement, rather than the whole divorce. Even a one-time review of your agreement can help protect your rights, especially when you have assets. The cost will depend on the lawyer’s hourly rate and the amount of time involved, but it should be significantly less than paying an attorney to handle all of the legal matters in your divorce.

A few situations call for professional help, regardless of how simple your divorce seems. If you’re splitting retirement accounts related to your employment (like a 401(k) or pension), you'll almost certainly need an expert to prepare the special court order required to divide them, called a “qualified domestic relations order" (QDRO). This is not a DIY task and could really cost you if you get it wrong.