Uncontested Divorce Lawyer in New York City
Filing and finalizing uncontested divorces in New York Supreme Court across the five boroughs.
Overview
What an Uncontested Divorce Is — and Who Needs One
An uncontested divorce is a divorce in which both spouses agree on every issue that needs to be resolved — grounds for the divorce, division of property and debts, spousal support, and, if there are children, custody, visitation, and child support. Because nothing is disputed, there is no trial, no discovery, and typically no court appearance for the spouses. The entire case is handled through written submissions to the Supreme Court, and the judge signs the Judgment of Divorce without ever hearing testimony.
Yazdi Law represents clients pursuing uncontested divorces throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Our typical clients include couples who have already worked out their separation privately and want the legal process handled efficiently; spouses who have been separated for some time and are now formalizing the divorce; couples with straightforward finances and no minor children; couples who want to preserve a cooperative relationship — particularly when they will continue co-parenting; and spouses who have already signed a separation agreement and simply need the divorce filed. The firm handles the entire process from first consultation to final Judgment of Divorce, typically with flat-fee pricing so clients know exactly what the representation will cost before any work begins.
Legal Foundation
The Legal Framework
New York divorce law is governed by the Domestic Relations Law (DRL), and uncontested divorces proceed in New York State Supreme Court — not Family Court, which handles matters such as custody and child support for unmarried parents but does not have jurisdiction to grant a divorce.
Grounds for divorce. New York recognizes seven grounds for divorce under DRL § 170. The overwhelming majority of uncontested cases proceed under DRL § 170(7), the no-fault ground, which requires only that one spouse state under oath that the marital relationship has been irretrievably broken for a period of at least six months before filing. New York was the last state in the country to adopt no-fault divorce, and since it did so in 2010, DRL § 170(7) has become the standard ground for uncontested cases. Fault-based grounds under DRL § 170(1) through (4) — cruel and inhuman treatment, abandonment, imprisonment, and adultery — remain available but are rarely used in uncontested cases because they require proof and invite contest.
Residency. DRL § 230 establishes five alternative residency pathways. The most common require either spouse to have been a New York resident for two continuous years before filing, or one year of residency combined with specific connections to New York — such as having been married in New York, having lived as spouses in New York, or having the grounds for divorce occur in New York. At least one of the five pathways must be satisfied before filing.
Property division. New York follows equitable distribution of marital property under DRL § 236(B), meaning marital assets and debts are divided fairly but not necessarily equally. In an uncontested case, the spouses themselves decide how property will be divided and memorialize that agreement in a written Settlement Agreement that becomes part of the divorce judgment.
The forms. Uncontested divorce filings use a standardized packet of forms published by the New York State Unified Court System, including the Summons with Notice or Summons and Verified Complaint, the Verified Complaint, the Affidavit of Defendant, the Affidavit of Plaintiff, the Sworn Statement of Removal of Barriers to Remarriage, the Note of Issue, the Findings of Fact and Conclusions of Law, and the Judgment of Divorce. The New York State court system revised the uncontested divorce packet effective March 1, 2026.
Filing fees. As of 2026, the mandatory court costs for an uncontested divorce in New York total approximately $335 — including the $210 index number fee and the $125 Note of Issue fee. A Request for Judicial Intervention, if required, adds $95. These fees are paid directly to the court and are separate from attorney fees. Fee waivers are available for filers meeting income eligibility thresholds.
How It Works
The Process, Step by Step
Initial Consultation
At the free consultation, we discuss the circumstances of the marriage and separation, the residency requirements under DRL § 230, whether there is full agreement on all issues, what property and debts need to be addressed, and whether minor children are involved. We also identify any issues that could complicate an uncontested case — such as real estate owned jointly, retirement accounts, spousal support, or pending bankruptcy — and whether those issues have been fully resolved between the spouses.
Preparation of the Settlement Agreement
If the spouses have not already signed a written agreement, we draft a Settlement Agreement that memorializes the couple's decisions on property, debts, spousal support, and, if applicable, custody, visitation, and child support. The agreement must comply with DRL § 236(B), which requires specific acknowledgments regarding rights being waived and must be properly acknowledged in the form required to record a deed. We prepare the agreement, explain each provision to the client, and coordinate signature and notarization.
Filing the Divorce Papers
We purchase an index number from the county clerk of the appropriate county — typically the county where either spouse resides. For clients in Manhattan, filings go to New York County Supreme Court at 60 Centre Street; for Brooklyn residents, Kings County Supreme Court; for Queens, Queens County Supreme Court; and so on. We prepare and file the Summons and Complaint naming the grounds under DRL § 170(7).
Service on the Defendant Spouse
Under the Civil Practice Law and Rules (CPLR) § 308, the defendant spouse must be served with the divorce papers by a non-party adult. In most uncontested cases, the defendant signs an Affidavit of Defendant acknowledging receipt of the papers and waiving further service, which streamlines this step significantly.
Completion of the Uncontested Divorce Packet
Once the waiting period has passed, we complete and file the full uncontested divorce packet, including the Note of Issue, sworn affidavits, the Settlement Agreement, the Findings of Fact and Conclusions of Law, and the proposed Judgment of Divorce.
Court Review and Signing
The packet is submitted to the uncontested matrimonial part of the Supreme Court. A judge reviews the submission to confirm that all procedural and substantive requirements are met. If everything is in order, the judge signs the Findings of Fact, Conclusions of Law, and Judgment of Divorce. This review can take anywhere from a few weeks to several months depending on the court's backlog.
Realistic Timeline
From the initial consultation to a signed Judgment of Divorce, uncontested cases typically take three to six months. The fastest cases finalize in approximately six weeks when all paperwork is submitted correctly and the court's calendar moves promptly. Cases take longer when the Settlement Agreement requires negotiation, when either spouse is difficult to locate for service, or when the court requests corrections or supplemental information.
What to Watch For
Common Pitfalls and How We Avoid Them
Inadequate Settlement Agreements
A Settlement Agreement drafted without counsel — or drafted from a generic online template — often fails to address critical issues such as the disposition of specific retirement accounts, the treatment of future-earned income, what happens to jointly owned real estate, health insurance after the divorce, and tax treatment of property transfers. We draft agreements that address the full picture of the marital estate so that issues don't resurface later requiring post-judgment litigation.
Procedural Errors in the Filing Packet
The uncontested divorce packet requires multiple interlocking forms, each with specific content requirements. A missed signature, an unacknowledged document, a Settlement Agreement not in recordable form, or a failure to comply with DRL § 255 notice requirements regarding health insurance can all result in the court rejecting the packet and requiring resubmission. We prepare every form carefully and verify compliance before filing.
Issues with Service
If the defendant spouse cannot be located, or if service is not completed properly, the case cannot proceed without alternative service arrangements that require court permission. We plan the service strategy at the outset and, when a defendant is cooperative, use the Affidavit of Defendant process to avoid service issues entirely.
Disputed Issues Surfacing Late
Occasionally what begins as an uncontested case becomes contested when one spouse reconsiders a term of the agreement or when a previously unknown asset or debt surfaces. We work to surface these issues at the consultation stage, before filing, so they can be addressed in the Settlement Agreement rather than becoming contested matters in a pending divorce.
Failing to Address Barriers to Remarriage
Under DRL § 253, the plaintiff in a divorce must file a Sworn Statement of Removal of Barriers to Remarriage when either spouse's religion requires an act (such as a Jewish get) before remarriage can take place. Missing this step can delay or prevent the divorce from being finalized.
Free Consultation
Ready to move forward with an uncontested divorce? We'll review your situation and outline a clear path to your Judgment of Divorce.
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Costs and What's Included
Attorney fees for uncontested divorce representation at Yazdi Law are typically structured as a flat fee, discussed and agreed upon at the consultation. Flat-fee pricing gives clients predictability and avoids hourly billing surprises. Exact pricing depends on case-specific factors including whether the Settlement Agreement has already been signed, the complexity of the marital estate, whether minor children are involved, and whether any issues require additional drafting or negotiation.
Representation at Yazdi Law includes: the initial consultation and case assessment; drafting or reviewing the Settlement Agreement; preparation of all required court forms (Summons, Complaint, affidavits, Note of Issue, Findings of Fact and Conclusions of Law, proposed Judgment of Divorce); purchasing the index number and filing with the appropriate Supreme Court clerk; coordinating service of process on the defendant spouse; assembling and submitting the complete uncontested divorce packet; responding to any inquiries or corrections requested by the court; and delivering the signed Judgment of Divorce and certified copies to the client.
Court filing fees are separate from attorney fees and are paid to the court directly. As of 2026, the mandatory court costs total approximately $335, plus small additional fees for certified copies of the final Judgment. We discuss all fees openly at the consultation and provide a written fee agreement before work begins.
FAQ
Frequently Asked Questions
How long does an uncontested divorce take in New York?
Do we both need our own attorneys?
Do I have to appear in court?
What if my spouse and I have children together?
Schedule a Consultation
If you and your spouse have reached agreement on the terms of your divorce — or if you're close to agreement and want guidance on finalizing it — contact Yazdi Law today. Our Midtown Manhattan office is located at 261 Madison Avenue, Suite 1035, steps from Grand Central Terminal. Initial consultations are free. Representation is available in both English and Farsi.
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The information on this page is for general informational purposes and does not constitute legal advice. Filing fees, forms, and court procedures reflect New York State Unified Court System information and may change. Every case is unique; outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship.