Uncontested divorces are available to those couples who are on the same page about the division of money and property and, if there are children of the marriage younger than 21, custody and support.

The Best Candidates for Uncontested Divorce

Prior to filing for divorce in New York, it is important to confirm that you meet the residency requirements and have a legally acceptable reason for divorcing.

Parties who both wish to get a divorce must be in agreement as to the following topics:

• that you and the other party are divorcing,

• the grounds which you are asserting as your reason for divorcing,

• how your property will be divided upon divorce,

• whether one party will be paid alimony or maintenance and, if so, how much and for how long,

• the intricacies of child custody and visitation, and

• the amount, duration, and details of child support.

What You Need

Couples who wish to file for uncontested divorce without the assistance of an attorney can do so using a form or program provided by New York courts. Those with children under 21 years of age should use the form and those without children or whose children are 21 or older should use the program.

You will need to bring to court or file via NYSCEF a summons with notice or summons and complaint, a notice of automatic orders, a notice concerning continuation of health care coverage, and a settlement agreement, if one exists.

In New York, Supreme Court, as opposed to family court, is the only court that handles divorce cases. Each county in New York has its own Supreme Court.

Once the appropriate paperwork has been filed, it is best practice to have the person from whom you are seeking a divorce personally served by a third party. However, if you believe your spouse will voluntarily sign and notarize an Affidavit of Defendant, you may not need a third party to serve the papers.

How to Effectuate Personal Service

You are required to provide notice to the party from whom you are seeking a divorce by giving them copies of the papers you filed. It is best practice to have the person you are divorcing personally served with the appropriate documents. It is important that this task is not completed by you, but instead by a third party. This third party, who must be at least 18 years of age, can be a process server, marshal, or friend. Once the papers have been served, make sure the third party completes and has notarized an Affidavit of Service.

If the defendant resides in New York, the third party you choose to serve the defendant must also be a New York resident. If the defendant is being served outside of New York, it is important that the papers be served in accordance with rules of that state.

Papers must be served on the defendant in the divorce within 120 days of their filing.