New York | Divorce.Pro

Uncontested Divorce in New York

To qualify for an uncontested divorce (called “dissolution of marriage”) in New York, the following must apply:

Residency:
At least one spouse must meet one of the following conditions:
- Lived in New York for at least 2 years continuously before filing, OR
- Lived in New York for at least 1 year, and:
  - Got married in New York, OR
  - Lived in New York as a married couple, OR
  - The grounds for divorce happened in New York, OR
- Both spouses are residents of New York on the day the divorce is filed, and the grounds occurred in New York
Grounds for Divorce
- New York is a no-fault divorce state.
- The most common ground is “irretrievable breakdown” of the marriage for at least 6 months.
Full Agreement:

Both spouses must agree on all key terms:
- Property and debt division
- Spousal maintenance (alimony), if any
- Child custody, visitation, and support (if applicable)

If both parties agree, you’ll need to complete:

2. File with the County Clerk’s Office

File the initial documents with the Supreme Court in the county where either spouse resides.
Pay the filing fee (typically $210 for the index number, plus $125 for the Note of Issue).

3. Serve the Other Party

The plaintiff (filing spouse) must serve the divorce papers on the defendant within 120 days of filing.
Personal service is required (not by the plaintiff).
If the defendant agrees, they can sign an Affidavit of Defendant instead.

4. Submit the Remaining Documents

If the defendant responds or signs the Affidavit of Defendant, submit the rest of your paperwork to request a Judgment of Divorce.
A court appearance is usually not necessary in uncontested cases.

5. Receive Final Judgment

Once reviewed and signed by a judge, the court will issue a Judgment of Divorce.
You’ll receive a copy with a Notice of Entry, which finalizes the divorce.

With Children:
- Must include a Parenting Plan, Child Support Worksheet, and Schedule A/B for support
- New York follows best interest of the child standard
Property Division:
- New York uses equitable distribution, meaning marital assets and debts are divided fairly (not necessarily equally)
Legal Review:
- Recommended even in uncontested cases—especially with real estate, pensions, or children involved