How a New York Uncontested Divorce Actually Works, Step by Step

The question we get most at consultations isn't a legal one. It's this:

"So what do I actually have to do?"

Fair question. Most people's picture of divorce comes from television — courtrooms, opposing lawyers, a judge banging a gavel. An uncontested divorce looks nothing like that.

Seven steps. You only do three of them.

Step 1 · Consultation (30 minutes, free)

Phone, Zoom, or in person. We ask a handful of things: when and where you married, whether there are children, whether there's property or savings to divide, where each of you lives now, and how your spouse feels about all this.

Then we tell you two things on the spot: whether this can be done as an uncontested divorce, and exactly what it will cost.

Step 2 · Fill out the information sheet, send documents (you, about 20 minutes)

We send you a Divorce Information Sheet. It asks for basics: both names (including any former names), dates and places of birth, addresses, Social Security numbers, phone numbers, date and place of marriage, each spouse's income, whether this is a first or later marriage, whether there are any court records, and highest education and ethnicity. If you have children, their names, dates of birth, and Social Security numbers.

Education and ethnicity look strange on a divorce form. They're required by the New York State Department of Health's divorce registration form (DOH-2168) — nothing to do with your case, but the court won't accept the packet without them.

Documents are minimal. Photograph them with your phone and email them over. Full list in Article 3 — if you don't have children, it's two or three items.

Step 3 · We draft everything (us)

This is the heart of the case. Three things get prepared:

Summons and Complaint — formally starts the divorce, states the ground (the marriage has been irretrievably broken for at least six months) and what you're asking for.

Settlement Agreement — the document that actually decides how you'll live afterward. Property, debts, spousal maintenance; and if there are children, custody, a parenting schedule, child support, and how expenses get shared.

The supporting packet — the court doesn't want one document. It wants a dozen or more.

We send you the draft. Ask about anything you don't follow. Changes are fine, as many rounds as you need. We don't rush this step. The agreement will govern your life for years; two extra days of thinking is a bargain.

Step 4 · Signing (you)

Once the agreement is final, you sign.

One requirement that can't be skipped: the settlement agreement must be signed in front of a notary. We'll tell you exactly which pages and who needs to be present. Notaries are easy to find — or you can just do it in our office.

If your spouse is cooperating, they sign an Affidavit of Defendant at the same time, confirming they know about the divorce and agree to the terms. That signature means no formal service is needed, which saves real time.

Step 5 · File with the court, buy the index number

We submit the papers and purchase the Index Number. Your case now officially exists and has a number.

Step 6 · Submit the judgment package

Filing isn't finishing. Next comes the full set of closing documents:

● Findings of Fact and Conclusions of Law

● Note of Issue

● The DOH-2168 divorce registration form

● If there are children, the child support worksheet

We prepare and file all of it. You don't touch this step.

Step 7 · The judge signs, you get the judgment

The judge reviews and signs. Case closed.

Once the judge signs, we send you the Judgment of Divorce electronically. The electronic copy is legally valid — for remarriage, immigration matters, banks and insurers, it does the job. You don't need anything else. If you want the stamped paper original from the court, two options: pick it up at the courthouse yourself, or have us retrieve it for you, which takes about two months. If you're not in a rush, let us handle it.

Get two or three certified copies while you're at it. Going back to the courthouse years later to request one is its own errand.

Do you ever go to court?

Almost never. Uncontested divorces are handled on paper. The large majority of our clients never set foot in a courthouse and never meet the judge.

The whole thing can be done remotely — documents by email or WeChat, drafts back and forth, signing at a notary near you. We've completed cases for clients living in other states and overseas.

How long does it take?

Honestly: it depends on two things — how fast your spouse signs, and how backed up the court is.

Flushing (Queens County): conservatively 3 to 8 months. The backlog there is heavy, and it also depends which judge you draw — the variation between judges is real.

Long Island, Nassau, and upstate counties: much faster, typically 1 to 3 months.

That gap isn't about how fast we work. It's court calendars. On our side, drafts are usually ready within a few days of receiving your documents; the rest is waiting on the court.

What actually causes delay

After enough cases, the reasons repeat:

Documents trickling in. You mean to send them, you get busy, half arrive, the rest wait until next week. A month evaporates. This one is entirely in your hands.

A spouse who won't sign. Often it isn't refusal — it's not understanding what they're signing or worrying they'll be taken advantage of. We can help walk them through the terms. A surprising number of "uncooperative" spouses cooperate once someone explains the document.

Name mismatches. The marriage certificate says one thing, the green card says another, and you've gone by a third name for twenty years. The packet gets rejected and weeks disappear. Mentioning it upfront prevents this entirely.

How we work

We start drafting the day documents are complete, and send you the draft as soon as it's ready. You sign, we file the same day. When something moves, we tell you — you shouldn't have to chase us for updates.

An uncontested divorce isn't a complicated thing. It's a thing that needs someone paying attention to it.

Thirty minutes, free, and you'll know where you stand.

Uncontested divorce from $699 plus court fees. Flat rate, quoted up front, handled online if you prefer.

Call (646) 760-1990 or book a free consultation. Offices in Flushing and Midtown Manhattan.

General information, not legal advice.