When a marriage ends, you might worry about court dates and long fights. In New York, you can often keep things simple. If you and your spouse agree on child custody, support, and how to split your assets, you may qualify for an uncontested divorce. No trial. In many cases, a judge reviews your agreement and signs the divorce decree without asking you to come to court. Some courts still schedule a brief uncontested divorce hearing, but it is usually quick and straightforward.
Choosing an uncontested divorce can save time, money, and stress. You deserve guidance you can trust. A New York City uncontested divorce lawyer can help you gather the right forms, put your agreement in writing, and spot issues before they turn into problems. You can also get clear answers about the timeline for an uncontested divorce, so you know what to expect from start to finish.
If you are considering an uncontested divorce in New York, The Law Office of Ryan Besinque can help. Speak with a New York divorce lawyer who can prepare your paperwork, help you build a fair agreement, and keep your interests front and center. Let us support you in reaching an amicable resolution. Contact us today at (929) 251-4477 to schedule your consultation.
Can We Divorce Without Going to Court?
In New York, it is possible to end your marriage without stepping into a courtroom. Many couples choose mediation, collaborative divorce, or an uncontested divorce so they can talk through the details in private and at their own pace.
In mediation, you and your spouse sit down with a neutral mediator who guides the conversation. You set the agenda. You can craft solutions that fit your family, instead of feeling pushed into a one-size-fits-all outcome. No judge. No formal hearing. Just focused problem-solving.
In a collaborative divorce, each of you hires an attorney, but everyone agrees to work together on a settlement without going to court. Meetings are respectful and practical. The aim is clear agreements that both of you can live with.
An uncontested divorce is the simplest path if you agree on all major aspects like property division, child custody, and support matters. You file the paperwork and move the case forward without a fight. New York also launched a statewide Uncontested Joint Divorce program on January 31, 2025. If you both agree and use no-fault grounds based on an irretrievable breakdown of the marriage, you can file together using a streamlined packet that cuts down the number of forms and speeds up review. Your attorney can assist in protecting your interests and ensuring there are no errors.
Even with these out-of-court options, a judge still needs to review your agreement. The court checks that it follows the law and treats both sides fairly. After the judge signs, your divorce is final, and you usually do not need to appear in person.
Most uncontested cases do not require a court appearance. However, if you and your spouse are unable to settle on any of the terms in the agreement, the divorce will now be considered contested. The case will be taken to court in the case of a contested divorce.
The Law Office of Ryan Besinque has helped many families and individuals throughout New York City. Uncontested divorce lawyer Ryan Besinque and our team of divorce attorneys can help you if you have concerns regarding an uncontested divorce case. Call us today to schedule a consultation.
New York City Uncontested Divorce Lawyer
Ryan Besinque, Esq.
Ryan Besinque, Esq. is a dedicated New York City divorce and family law attorney known for a calm, communicative approach that reduces animosity and keeps cases moving. When necessary, he can pivot to a firm, strategic stance to protect his clients’ interests. Having seen the emotional and financial toll divorce can take, Ryan tailors every matter so clients feel heard, thoroughly represented, and optimistic about the path forward.
Licensed in both New York and California, Ryan has represented hundreds of clients in divorce, custody, support, and family offense matters across Manhattan, Brooklyn, the Bronx, Queens, and neighboring Westchester and Nassau counties. Clients value his detailed communication, consistent availability, and meticulous efficiency. In addition to private practice, he serves indigent New Yorkers through the Manhattan Assigned Counsel Panel and coordinates with child specialists, mental health professionals, and financial advisors to provide comprehensive support.
Ryan’s background reflects a blend of business insight and legal excellence. A Santa Monica native, he earned his B.S. in Business Administration (with a psychology minor) from the University of Southern California, and his J.D. from the University of San Diego School of Law, where he graduated in the top third of his class, served as President of Phi Delta Honors, received the CALI Award for Family Law, and earned the Outstanding Service Award from the Legal Aid Society of San Diego. Admitted to the California Bar in 2012, he began his career in Los Angeles, including pro bono work for domestic-violence survivors, and expanded his practice to New York upon admission to the New York Bar in 2018.
The Process for Uncontested Divorce in New York
With the help of a divorce attorney, once you and your spouse have reached a satisfactory settlement or agreement, you can proceed with an uncontested divorce. Your attorney will file your paperwork with the County Clerk’s office. This paperwork may include the settlement agreement as well as plans for continued healthcare coverage. All paperwork must include an index number (purchased from the county clerk’s office).
After you file, your spouse must be served with the initial court papers within 120 days. This service must be performed by someone who is at least 18 years old and not a party to the case. The server completes an Affirmation of Service (UD-3), which is filed with your judgment packet.
Once the paperwork has been received, the spouse has 20 days to respond if served in New York, or 30 days if served outside New York. If the defendant signs the Affirmation of Defendant (UD-7), you may place the case on the uncontested calendar immediately; otherwise, you must wait 40 days from service before calendaring.
Once the paperwork has been received, the spouse has 20 days to respond if served in New York, or 30 days if served outside New York. If the defendant signs the Affirmation of Defendant (UD-7), you may place the case on the uncontested calendar immediately; otherwise, you must wait 40 days from service before calendaring.
Once the divorce proceeds, the date is added to the judge’s calendar. This requires a lot of paperwork, which must be submitted and sworn or affirmed. Having a skilled uncontested divorce attorney to assist you is important even if the divorce is uncontested.
In an uncontested divorce, the only matter that the judge will decide is the fairness of the final agreement. The judge will also have to make sure that the divorce is really an uncontested divorce and was not done with coercion. After the judgment has been rendered, all paperwork must be signed. Your lawyer will file the Judgment of Divorce with your County Clerk. The final divorce order must be served to the other spouse by the party who initiated the divorce process.
What Paperwork Do You Need for an Uncontested Divorce in New York?
For an uncontested divorce in New York, you need papers so the court can process your case. These are the documents the court uses to grant an uncontested divorce.
- Summons with Notice or a Summons served together with a Verified Complaint. These open the case and state the grounds. With these, you also serve the Notice of Automatic Orders, the Notice Concerning Continuation of Health Care Coverage, and the Notice of Guideline Maintenance for cases started on or after January 25, 2016. If your marriage was performed in a religious ceremony, include the Sworn Statement of Removal of Barriers to Remarriage.
- Verified Complaint. This asks the court to dissolve the marriage and notes any relief requested.
- Settlement Agreement, often called a Stipulation of Settlement. This written agreement covers property, support, and parenting terms and is referenced in the final judgment.
- For most civil filings, affirmations have taken the place of affidavits. You can anticipate using an Affirmation of Service (UD-3), an Affirmation of Regularity (UD-5), and the Sworn Affirmation of Plaintiff (UD-6). If your spouse cooperates, the Affirmation of Defendant (UD-7) will also be used. As of 2024, CPLR §2106 permits any person to submit an affirmation instead of an affidavit in civil cases.
To place an uncontested case on the court’s calendar, you’ll file a Request for Judicial Intervention (UD-13) (with the Matrimonial Addendum if there are children). Some counties also require an Uncontested Note of Issue with the RJI. You’ll submit Findings of Fact and Conclusions of Law (UD-10) and a proposed Judgment of Divorce (UD-11) as part of the judgment packet
Courts also require routine items like the Part 130 Certification, Notice of Entry, the Certificate of Dissolution of Marriage for the Department of Health, and, when there are children or support issues, income, maintenance, and child support worksheets, along with the Support Collection Unit sheet and a medical support order.
A New York City uncontested divorce lawyer can prepare clean, county-ready forms, draft a tight settlement agreement, file when both sides consent, complete the health department certificate, and handle service so your paperwork moves smoothly and you minimize any chance of a court appearance.
| Document | Purpose | Special Notes / Requirements |
|---|---|---|
| Summons with Notice or a Summons served together with a Verified Complaint. | Opens the case and officially starts the divorce proceeding; states the grounds for divorce | Must also include required notices (Automatic Orders, Health Care Coverage, Guideline Maintenance). If marriage was religious, add the Sworn Statement of Removal of Barriers to Remarriage. |
| Verified Complaint. | Requests the court to dissolve the marriage and specifies relief sought | Served with the Summons if not using Summons with Notice. |
| Settlement Agreement, often called a Stipulation of Settlement. | Outlines agreed terms regarding property, support, and children | Must be signed by both parties; referenced in the Judgment of Divorce. |
| For most civil filings, affirmations have taken the place of affidavits. | Confirms service, establishes procedural compliance, and affirms the plaintiff’s statements | Includes Affirmation of Service (UD-3), Affirmation of Regularity (UD-5), Sworn Affirmation of Plaintiff (UD-6), and if spouse cooperates, Affirmation of Defendant (UD-7). Allowed under CPLR §2106 (2024). |
Waiting Period for Uncontested Divorce in New York
New York has no statutory “cooling-off” period after filing. However, procedurally, if the defendant signs the Affirmation of Defendant (UD-7), you may place the case on the uncontested calendar immediately. If not, you must wait 40 days after service before calendaring. The defendant’s general time to respond is 20 days (if served in NY) or 30 days (if served outside NY).
Even after the case is on the calendar, the time to a signed judgment varies by county workload and how clean your papers are. A common range for straightforward uncontested cases is about 6–12 weeks from submission to judgment.
When dealing with an uncontested divorce, it is still important to consult an experienced divorce lawyer. Many people think that they do not need to have a lawyer because an uncontested divorce is simple. However, having a skilled lawyer may be able to help you avoid costly mistakes.
Can a Judge Deny a Divorce
In New York, although uncommon, there are instances where divorce denial occurs. The primary reason behind this is usually one party’s unwillingness to complete the necessary paperwork. On occasion, judges may also refuse to grant a divorce if the filing party fails to provide substantial evidence to support their claims. Most uncontested divorces proceed under no-fault grounds (DRL §170(7), ‘irretrievable breakdown’), so proving adultery or other fault is usually unnecessary. If you do plead a fault ground without adequate proof, a judge can deny it, but you can typically refile on no-fault grounds.
Nevertheless, a denial of divorce does not mean that the situation is a dead end. If one party refuses to sign the paperwork, the other party still has the option to petition for a contested divorce. Although this may prolong the process, following proper legal procedures can still lead to a divorce even without the agreement of the estranged spouse.
Similarly, if a divorce is denied due to issues with the presented argument, it does not signify the end. If the rejection is a result of a clerical or administrative error, rectifying the mistake may resolve the issue. Alternatively, if the court determines that you have not provided sufficient evidence to support your case, you have the right to appeal the decision or file a fresh petition.
Therefore, a denial of divorce should not be seen as an insurmountable obstacle, but rather as a challenge that many have successfully overcome to dissolve their marriages. With the help of a skilled New York divorce attorney, the key to success lies in adopting a strategic and focused approach while diligently adhering to the court’s requirements.
What to Expect if an Uncontested Divorce Becomes Contested
Divorce proceedings are inherently challenging and emotionally taxing. They can become even more so when an uncontested divorce unexpectedly shifts to a contested one. Couples may initially agree on the terms of their separation, finding common ground on all pertinent issues such as property division, child custody, and alimony. However, even with the best intentions, disagreements can arise, turning a seemingly amicable process into a contentious legal battle.
Transition to Discovery and Litigation
When an uncontested divorce becomes contested, the process transitions from a simple review and approval of agreed-upon terms to a more formal, adversarial litigation process. The purpose of discovery is to allow both parties to obtain all relevant information related to the contested issues. This can include financial documents, property valuations, and evidence concerning the welfare of any children involved.
During discovery, both parties may issue interrogatories (written questions requiring written answers), requests for the production of documents, and depositions, which involve the taking of sworn, out-of-court oral testimony. The scope of discovery can be vast and intrusive, often delving into personal and financial matters.
Increased Challenges and Costs
A contested divorce often leads to increased legal fees, court costs, and a longer timeframe for resolution. Unlike in an uncontested divorce, where both parties might navigate the process with minimal legal assistance, a contested divorce typically necessitates representation by attorneys who can guide the case through the family law system, advocate for their client’s interests, and prepare for the possibility of a trial.
Emotional and Financial Toll
The shift from uncontested to contested divorce can also take a significant emotional and financial toll on both parties. The adversarial nature of a contested divorce can heighten tensions and lead to a more acrimonious split, which is especially challenging when children are involved.
Loss of Privacy
An additional consideration is privacy. Contested divorces often become a matter of public record, meaning the details of one’s personal and financial life may become accessible, which can be particularly concerning for individuals with businesses or sensitive occupations.
Court Intervention
In the event of a contested divorce, the court assumes a more active role. A judge may be required to make determinations on contested issues, meaning the final decisions on critical aspects of the divorce may be out of the parties’ hands.
Getting Experienced Legal Guidance From a Skilled Uncontested Divorce Lawyer
Navigating a divorce is never easy. It is often difficult and emotionally draining. However, hiring an experienced attorney to represent you may help ensure that your financial and emotional well-being and the well-being of your loved ones are protected.
Our skilled New York uncontested divorce attorneys at the Law Office of Ryan Besinque have helped hundreds of people just like you. Our goal is to make sure you are heard and protected. We can work hard for your best possible outcome. To schedule a consultation, contact us online or by calling (929) 251-4477.
