Going through a divorce is never easy, but an uncontested divorce can ease the process by saving both partners time and money. In New York state, an uncontested divorce is the ability to obtain a divorce without the need for litigation, but it requires that the parties first mutually agree on all marital issues, from property division, spousal maintenance, child custody and support, and division of debt.

While uncontested divorces are great options, they require that the couple have a written, signed agreement that complies with the requirements of the New York State Domestic Relations Law, before the court can entertain the case. Let’s take a closer look at the criteria for an uncontested divorce, and how couples can take advantage of the process.

Where most people get confused regarding divorce in New York, is in understanding that no-fault divorce, is not the same as an uncontested divorce. Since 2010, New York no longer requires that a party claim their spouse engaged in some kind of conduct that entitles them to a divorce (such as adultery, abuse, or abandonment). Simply pleading that you have not gotten along for at least the past six months is sufficient for a no-fault divorce. However, that divorce is still contested unless a legally binding settlement agreement of all marital issues has first been properly prepared and signed by the couple.

Key Criteria for Uncontested Divorce in New York

For couples to obtain an uncontested divorce in New York state, they must meet specific conditions, including:

• Residency requirements: All divorces in New York have residency requirements. In general either both parties need to have lived in the state for one year preceding the filing; at least one having resided in the state and the marriage occurred in New York; or one party needs to have lived here for two years prior.

• Mutual agreement on divorce terms: This is the key. Prior to filing the divorce the parties need to have agreed on all terms of their settlement, including property division, debt division, spousal support, and any issues related to children, including child support and visitation rights and those terms need to be reduced to a legally binding written agreement. If the parties have pre-existing Family Court Orders resolving any of these issues and they wish to continue them into the divorce, they can request to have them incorporated into their final judgment.

Couples meeting these criteria can move forward with a less contentious, quicker divorce process. Divorcing partners should make sure that all issues are fully resolved in writing before filing. Couples seeking a divorce without this agreement in place first must either resolve all of their issues before going to court, or utilize the court system to reach those terms or ultimately seek a judicial determination of their rights at trial.

Key issues for the necessary agreement include:

Agreement on Property Division

For an uncontested divorce, spouses must create a settlement agreement that outlines how property, assets, and debts will be divided. This agreement should cover all marital property, which is any property acquired during the marriage, such as real estate, vehicles, and joint bank accounts.

This division of property agreement will be reviewed by a judge, who will verify that the settlement is fair and equitable under New York law. Working with an attorney to draft or review this settlement can help avoid misunderstandings or potential disputes.

Consensus on Child Custody/Support Arrangements

Couples with children under 18 should reach an agreement on child custody and visitation. The court requires a documented plan that outlines each parent’s role in raising the children, including primary residential custody, visitation schedules, and decision-making responsibilities.

This arrangement, agreed upon by both parents, will need to be reviewed by a judge to confirm it provides a stable and supportive environment for the children.

Couples with children under 21 will need to reach an agreement on child support. The couples should review the custody arrangement and financial needs of the children when deciding the amount of monthly child support that should be paid. Couples should also factor in appropriate distribution of financial responsibility between the parties based on their income. This arrangement will also be reviewed by a judge to confirm it provides consistent and appropriate support.

Spousal Support Considerations

Spousal support, also known as alimony or maintenance, must also be addressed in an uncontested divorce. Both parties need to agree on whether spousal support is necessary, along with the amount and duration. New York state has guidelines that suggest fair spousal support amounts, but as long as both parties agree, the court will typically accept their arrangement as long as it is reasonable and fair to both parties.

Effect of Domestic Violence

An uncontested divorce is generally not advisable in cases where there is a history of domestic violence or a significant power imbalance between the spouses. If one party feels unsafe or under pressure to reach an agreement, a contested divorce may be more appropriate to ensure that all terms are discussed in a secure, structured environment. Judges are cautious about approving uncontested divorces where such dynamics are present, as these cases often require additional legal safeguards.

Benefits of an Uncontested Divorce in New York

An uncontested divorce offers several appealing advantages, starting with no need for any court appearances. Since both parties have agreed on all essential matters, there is typically no court appearance needed, allowing the divorce to move forward more quickly and with less stress. In addition, the financial benefits can be significant as uncontested divorces avoid the extensive legal fees often associated with filing motions, lengthy discovery proceedings and repeated court appearances.

Steps to Take if You Meet the Criteria

If you and your spouse believe you can resolve your issues by agreement, here’s an outline of the steps you’ll need to follow:

• Consult counsel to ensure that you get a proper agreement: Remember, both parties need to agree to the terms of the settlement. Those terms need to be properly codified under New York law and properly signed and notarized.

• File a petition for divorce: Filing an action for divorce begins by submitting a summons and complaint to the county clerk and paying the filing fee. The complaint will state that all the marital issues have been resolved by agreement and will attach a copy of that agreement for the court.

• Avoiding court: Since an agreement is already reached, the work of the court is already done. Since this agreement avoids the need for a court appearance, the divorce can be processed on affirmations of the parties only. There are a variety of further documents that need to be prepared in lieu of court appearances, and other forms to be completed (subject to filing fees) in order to get a final judgment in front of a judge for signing.

• Receive the divorce judgment: If approved, the judge will sign the divorce judgment, officially finalizing the divorce. You’ll need to provide a copy of this judgment to your ex-spouse.

While these steps may seem simple, the drafting of the agreement and even the uncontested divorces documents require careful attention to detail and adherence to legal requirements. Consulting a lawyer can make the process smoother and prevent potential issues.

Speak With a Lawyer Today

Even in an uncontested divorce, consulting an experienced divorce attorney is a smart move. A lawyer can draft or review the settlement agreement, confirm that your arrangements comply with New York state divorce laws, and make sure you haven’t overlooked any critical details. By seeking legal assistance, you can be confident that your uncontested divorce will proceed as smoothly as possible. Contact us to speak with one of our skilled and knowledgeable family lawyers today!

Divorces require a deep understanding of matrimonial law, and working with an experienced matrimonial law attorney can help make the process smoother and more successful. If you believe it’s time to file for divorce, contact us and speak with a New York matrimonial law attorney today, or call 8885294543 to explore your options and protect your child’s well-being.

Barbara J. King, Esq. is a Partner in the Albany office of Tully Rinckey, PLLC. For well over three decades, she has been representing parents, spouses and other parties, as well as clients, nationally and internationally, in a wide range of family and matrimonial matters.

Christopher R. Clark, Esq. is an Associate Attorney in Tully Rinckey PLLC’s Albany office. Clark’s practice focuses on Family and Matrimonial law-related matters including custody, support, family offense, and divorce matters.