new york uncontested divorce

Navigating Uncontested Divorce in New York: Your Step-by-Step Guide

April 18, 20254 min read

Considering divorce? Discover why more New Yorkers are choosing online divorce platforms like divorce88.com for a faster, simpler, and less stressful process.

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Understanding Uncontested Divorce in New York

An uncontested divorce in New York is defined as a divorce where both spouses mutually agree on all terms and conditions. Because there are no disputes, the legal process is much simpler and faster than a contested divorce.

For example, if a couple agrees on how to divide their property and on custody of their children, they can move through the process without prolonged court appearances. This often makes uncontested divorce more amicable, less expensive, and less emotionally draining.

The advantages are significant: lower costs, reduced stress, and healthier co-parenting relationships. These benefits explain why uncontested divorce is now the most common type of divorce in New York.

Requirements for Uncontested Divorce in New York

To file for an uncontested divorce in New York:

  • At least one spouse must have lived in New York for at least one year.

  • The grounds must be an “irretrievable breakdown” of the marriage for at least six months.

  • Both parties must agree on all terms: property division, custody, support, and debts.

If there are unresolved disputes (e.g., unpaid debts, disagreements about parenting time), the divorce may no longer qualify as uncontested. In those cases, traditional litigation may be necessary.

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Step-by-Step Process for Filing an Uncontested Divorce

If both spouses are cooperative, the process is straightforward and can be completed without ever going to court:

  1. File a Summons With Notice or Summons and Verified Complaint with the County Clerk (filing fee: $210).

  2. Service of Papers – The plaintiff cannot serve the spouse personally. Normally, a process server is required. However, if your spouse is cooperative, they can simply sign an Acknowledgment of Service (Affidavit of Defendant) instead. This avoids hiring a process server and speeds things up.

  3. Your spouse signs the required forms (Affidavit of Defendant and Settlement Agreement), confirming that they agree with all terms.

  4. File the Settlement Agreement along with the complete uncontested divorce packet.

  5. Submit all forms for court review. Once approved, the judge signs the Judgment of Divorce.

👉 Important Note: If your spouse refuses to cooperate or does not respond after being served, your case may need to proceed as a default divorce. This involves additional legal steps, court filings, and attorney involvement, and is not included in the flat-fee uncontested divorce services offered through divorce88.com.

How Divorce88.com Simplifies the Process

While the above steps are manageable, many people feel overwhelmed by the paperwork, deadlines, and legal terminology. That’s where divorce88.com comes in.

Here’s how it works:

  • Step 1: Online Questionnaire – Answer simple guided questions about your situation.

  • Step 2: Document PreparationDivorce88.com generates the correct New York State forms for you.

  • Step 3: Review & Filing – Our legal team reviews your forms for accuracy and ensures they are filed properly with the court.

  • Step 4: Cooperative Service – If your spouse is willing, they simply sign an acknowledgment—no need for a process server.

  • Step 5: Final Judgment – Once everything is approved, you receive your signed divorce judgment—without unnecessary court visits.

By moving everything online, you save time, reduce stress, and avoid costly attorney fees.

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Required Documents and Forms

Whether you go through the court directly or through an online platform, you’ll need:

  • Marriage certificate

  • Settlement agreement (if there are children and/or marital asset)

  • Financial disclosure documents (income, assets, debts)

  • Custody/support agreements (if children are involved)

Timeline and Costs

  • Court filing fees and certified judgment fees: About $365-$400 (standard in New York).

  • Attorney fees in traditional divorce: $175–$450 per hour, often totaling $10,000+.

  • Online divorce with divorce88.com: Flat affordable pricing, usually $699–$1,499.

The average uncontested divorce in New York takes 6–12 months depending on court backlog. With divorce88.com, because all paperwork is filed correctly the first time, the process is often faster and smoother.

Finding the Right Assistance

While self-representation is possible, many people find the paperwork confusing. Hiring an attorney for even a simple uncontested divorce can quickly become expensive.

That’s why online platforms like divorce88.com have become so popular: you get the guidance and accuracy you need without the high costs of traditional legal representation. For those who want peace of mind, attorney review can also be added as part of the service.

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Final Thoughts on Uncontested Divorce in New York

Uncontested divorce is the easiest way to end a marriage when both spouses agree. But easy doesn’t always mean simple—one mistake in paperwork can delay your case for months.

That’s why so many New Yorkers now turn to divorce88.com. It’s affordable, efficient, and designed to take the guesswork out of the divorce process.

✅ Save thousands in legal fees
✅ Complete everything online, without court visits
✅ Get step-by-step guidance from start to finish

If you and your spouse agree on the terms of your divorce, don’t make the process harder than it needs to be.

👉 Book a FREE CONSULTATION today today to start your uncontested divorce the smart way.


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