New York Uncontested Divorce with Children

In a New York uncontested divorce with children, both spouses must agree on all issues ahead of time – including child custody, visitation schedules, child support, division of assets, and any other important matters. Typically, one spouse (through an attorney) will file the divorce papers using New York’s no-fault grounds (citing an “irretrievable breakdown” of the marriage for at least 6 months) along with a detailed settlement agreement that both of you have signed. Since you’ve resolved everything cooperatively, there’s no trial or courtroom fight. A judge will review your agreement and paperwork to ensure it’s fair and meets all legal requirements (especially those meant to protect the children’s welfare). If everything is in order, the judge will sign off on the divorce judgment, and your divorce will be finalized without either of you having to appear in court.

Most uncontested divorces in New York are resolved within a few months after filing all the paperwork, but the timeline can vary. On average, if your documents are properly prepared, you might expect around 8 to 12 weeks for a judge to sign the divorce decree (though processing times can be longer in busy courts like those in New York City, Brooklyn, etc.). Some cases are finalized even faster, especially if the county allows electronic filing and there are no issues with your paperwork. Delays can happen if forms are filled out incorrectly or if the court is backlogged. Working with an experienced attorney can help ensure everything is done right the first time, which helps avoid unnecessary delays.

The costs for an uncontested divorce in NY include mandatory court fees and, if you use one, attorney fees. The court filing fees (for things like the Index Number and the final paperwork) are roughly $400 in total. If you handle the divorce yourself, those court fees might be your only out-of-pocket expense – but be prepared to invest a lot of time and effort to get everything right. If you hire a divorce attorney to handle an uncontested divorce with children, you’ll pay legal fees for their services. Many firms (including ours) offer a flat-fee package for uncontested divorces, often in the range of a few thousand dollars, which covers preparing all the documents, giving legal advice, and shepherding your case through the court system. While that is a higher upfront cost than a DIY approach, it often saves money in the long run by preventing mistakes that could lead to refiling or delays. Plus, you get peace of mind knowing everything is done correctly. (We also provide a free initial consultation to evaluate your case and give you a clear quote before you commit.)

Usually not. One big advantage of an uncontested divorce is that it’s handled almost entirely through paperwork, so in most cases neither spouse has to appear in court at all. After the divorce documents and your signed agreement are submitted to the court, a judge reviews everything privately (in chambers). If all is in order, the judge will issue the divorce judgment and you’ll receive it by mail (or electronically) – no hearing needed. Only in rare instances – for example, if a judge has questions about the parenting arrangements or needs clarification on something – might you be asked to come in. But that’s uncommon when the paperwork is properly prepared. In short, if your uncontested divorce is truly settled and done correctly, you likely will not need to set foot in a courtroom.

No – one attorney cannot officially represent both spouses, even in an amicable uncontested divorce (it’s considered a conflict of interest). However, it’s very common for one spouse to hire a lawyer to draft all the divorce paperwork and the settlement agreement. The other spouse may decide not to hire their own lawyer, especially if they feel the agreement is fair and have had a chance to review it. In this scenario, the attorney is only representing the spouse who hired them, but both spouses can still sign the agreement and cooperate throughout the process. Many uncontested divorces are completed with just one lawyer involved. Of course, if the spouse who doesn’t have a lawyer feels unsure about any part of the agreement, they always have the right to consult their own attorney for independent advice – but if both of you are comfortable with your understanding of the deal, using a single attorney to handle the paperwork is usually efficient and cost-effective.

New York uses a formula (the Child Support Standards Act guidelines) to calculate child support. It takes a percentage of the parents’ combined income based on the number of children – for example, 17% for one child, 25% for two children, and so on, up to a certain income cap. In an uncontested divorce, you and your spouse can agree to the guideline amount or decide on a different amount, but if you choose a different amount you must show the court that you know what the guideline would have been and explain why you’re deviating. For instance, some parents with a 50/50 shared custody arrangement or similar incomes agree to a lower support payment (or even no monthly support), but they’ll need to state in the agreement that the guideline amount was calculated and that they have a valid reason for the alternative arrangement. Keep in mind, New York law sets a minimum of $25 per month per child for support – you generally cannot agree to $0 support unless you have an extraordinary arrangement that still meets the child’s needs. As long as your agreed-upon amount is reasonable for the child and you document your rationale (with both of you signing off on it), the judge will usually approve it. We make sure that the child support section of your agreement is drafted correctly so the court will accept your arrangement without issues.

You have a lot of flexibility in deciding custody and visitation as long as both parents agree and the plan is in the children’s best interests. You can agree to joint legal custody (sharing major decision-making for the kids) and even joint physical custody (the children split their time between both households), or have one parent be the primary custodial parent with the other having scheduled visitation. Many parents choose joint legal custody with one parent’s home as the children’s primary residence for school purposes, and then set up a generous visitation schedule for the other parent. You can create a detailed visitation calendar – for example, spelling out exactly which days and holidays the kids spend with each parent – or simply agree to “reasonable and liberal” visitation, which allows flexibility as you both see fit. The key is that your agreement clearly outlines whatever arrangement you choose so there’s no confusion later. As long as the two of you are in agreement and the plan seems sensible for the kids, the court will approve it as part of your uncontested divorce.

By definition, an uncontested divorce requires that all issues are resolved. If you and your spouse disagree about any major issue (for example, how to handle custody or the exact child support amount), you’ll need to work out those differences before you can proceed as an uncontested case. This might involve some compromise or even getting help from a mediator to reach a middle ground that both of you can accept. Our firm often assists couples through mediation to settle lingering disagreements so they can avoid a contested court fight. Once you do come to an agreement on all the outstanding issues, you can move forward with the uncontested divorce paperwork. If you absolutely cannot agree on one or two points, then unfortunately the divorce would have to proceed as a “contested” case – meaning a judge would have to decide those issues for you, which makes the process longer, more complex, and more expensive.

There’s a significant amount of paperwork involved, but an experienced attorney will prepare and organize everything for you. To file for an uncontested divorce with children, you’ll start with the basic documents like the Summons (or Summons with Notice) and a Verified Complaint, which formally initiate the divorce case. The centerpiece of an uncontested divorce is a written Settlement Agreement (also called a Stipulation of Settlement) signed by both spouses, which lays out all your agreed terms – covering custody arrangements, visitation schedules, child support, health insurance for the kids, division of any property or debts, and so on. You will also need to include a Child Support Worksheet (to show the guideline support calculation) or detail the calculation within your agreement. If you and your spouse agree to a different support amount than what the guideline dictates, your agreement must clearly state what the guideline amount would have been and explain your reason for deviating. Because children are involved, New York also requires a UCCJEA Affidavit (a separate form where you list the children’s residence history for the past five years and note any prior custody cases) to establish the court’s jurisdiction over custody matters. Finally, you will prepare the remaining necessary forms that make up the uncontested divorce packet – for example, the proposed Judgment of Divorce (which the judge will sign to finalize your divorce) and other supporting affidavits and notices. It’s a lot of paperwork, but our law office will handle drafting and filing all of it for you, ensuring nothing is overlooked.

New York has specific residency rules for divorce to make sure you have a strong connection to the state. Generally, at least one spouse must have lived in NY continuously for a certain period before you can file. The simplest scenario is if one of you has been a New York resident for at least one year and your marriage has a tie to NY (for instance, you got married in New York, lived in New York as a married couple, or the reason for your divorce happened in New York). In that case, you meet the requirement. If your marriage has no particular connection to New York, then one spouse must have lived in NY for at least two years before filing. Also, if both spouses are residents of New York when you file, the one-year rule can be waived. In short, as long as one of you has been living in New York for a year or more (and especially if your life together had some roots here), you should be able to file for divorce in NY. (Note: If your case will involve custody decisions, the children should generally have been living in NY for at least six months as well, so that New York courts have jurisdiction over the kids under the UCCJEA.)