Divorce isn’t easy, but it doesn’t always have to be drawn out, expensive, or combative. If you and your spouse are on the same page about ending your marriage, an uncontested divorce might be the most peaceful path forward. And while it’s possible to go through the process without legal help, working with an experienced uncontested divorce attorney can make things faster, smoother, and less stressful, especially when the paperwork and procedures become complicated.
What Is an Uncontested Divorce in New York?
An uncontested divorce occurs when both spouses agree on all major decisions, such as how to divide property and debts, who will have custody of the kids, what child support and spousal support will look like, and how to move forward separately. It’s a no-fault option, which means you don’t have to prove wrongdoing. The most common ground is the “irretrievable breakdown” of the marriage for at least six months.
If both spouses agree on everything, the legal process becomes much simpler. You skip court appearances, reduce costs, and avoid the emotional strain of drawn-out litigation.
Steps To File for an Uncontested Divorce
Here’s how the process usually works:
- Prepare the paperwork: You’ll need to complete and gather forms, including a summons, complaint, affidavit of the defendant, child support worksheet (if applicable), and a stipulation of settlement.
- File with the County Clerk: Submit your documents in the appropriate county. There’s a filing fee, but waivers are available if needed.
- Serve your spouse: Even in an uncontested divorce, you must officially deliver the paperwork to your spouse and receive their signed affidavit of no objection.
- Joint filing option: As of January 2025, New York allows joint filing in uncontested cases. If you’re both fully in agreement, this can make things even more efficient.
- Court review: If everything is in order, a judge will review your documents and issue a divorce judgment, no court appearance required.
Uncontested divorces in New York are typically resolved more quickly than contested divorces. Some cases wrap up in 2 to 6 months, depending on how quickly the paperwork is completed and the court’s current caseload.
When You Need an Uncontested Divorce Attorney
You can file for an uncontested divorce without an attorney, especially if you and your spouse agree on everything, have no complex finances, and are comfortable with the court’s DIY forms. But that doesn’t mean it’s always the best move.
Here’s when hiring an uncontested divorce attorney is worth it:
- You have children, property, retirement accounts, or other assets that require careful handling.
- There is confusion or disagreement about the terms. Even small issues can derail the process.
- You want peace of mind knowing the paperwork is filled out correctly and your agreement complies with state law.
- You’d like help negotiating or reviewing a settlement to avoid future disputes.
Even if everything feels amicable now, an attorney can help protect your rights, avoid mistakes, and save you time and money in the long run.
Making a Cooperative Divorce a Reality
Reaching the point where an uncontested divorce is possible takes teamwork. It starts with honest communication. Discuss what each of you wants and where you’re willing to compromise. If conversations get tough, a mediator can help guide you through tricky topics like custody or alimony. Attorney Michelle Cimino brings years of experience as both a mediator and divorce attorney, helping couples navigate sensitive discussions with clarity, respect, and practical solutions.
Once you reach an agreement, everything should be put into a written settlement. This becomes the foundation of your divorce filing. Your attorney can draft or review this document to make sure it’s fair, clear, and legally sound.
Ultimately, to ensure a successful uncontested divorce, stay respectful, focus on practical solutions, and don’t be afraid to bring in help when you need it.
Talk to an Experienced Divorce Lawyer Today
If you and your spouse are ready to move on without a courtroom battle, an uncontested divorce is a smart and efficient option. But even straightforward divorces can have hidden pitfalls. That’s where a skilled uncontested divorce attorney can make all the difference. Michelle Cimino can guide you through the process, protect your rights, and help you start your next chapter with confidence.
Contact us today for a consultation, and let’s get started on a smoother, stress-free divorce process.
