How To Get Uncontested Divorce In New York | SRIS, P.C.
How To Get Uncontested Divorce In New York County (Manhattan)
An uncontested divorce in New York County (Manhattan) requires proving an irretrievable breakdown of the marriage for at least six months under New York Domestic Relations Law (DRL) § 170. The process involves filing a summons with notice or summons and complaint, a signed settlement agreement, and required affidavits in the New York County Supreme Court.
Statutory Definition of an Uncontested Divorce in New York
An uncontested divorce in New York is a dissolution of marriage where both spouses agree on all major issues, including grounds for divorce, division of marital property, spousal maintenance (alimony), child custody, visitation, and child support. The primary legal ground for a no-fault, uncontested divorce is the irretrievable breakdown of the relationship for a period of six months or more, as defined in DRL § 170(7). This statute provides the foundation for how to get an uncontested divorce in New York without assigning fault. The process is governed by the equitable distribution principles of DRL § 236 for dividing assets and the statutory guidelines for child support and maintenance.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s divorce laws, refer to the New York Domestic Relations Law (official New York State Senate website). For specific forms and procedures in New York County, visit the New York County Supreme Court website.
Insider Procedural Edge for New York County Supreme Court
Successfully handling how to get an uncontested divorce in New York requires understanding local court nuances. In the New York County Supreme Court, clerks scrutinize settlement agreements for completeness, especially regarding the statutory child support formula and health insurance provisions. The court’s high volume means properly filed, error-free packets move faster.
- Draft and sign a full settlement agreement covering all terms of the divorce.
- Prepare the summons with notice (or summons and complaint), verified complaint, and affidavit of defendant.
- File the initial documents and purchase an index number ($335 fee) with the County Clerk.
- Serve the filed papers on your spouse (if not filing jointly) and file proof of service.
- Submit the remaining uncontested divorce packet, including sworn statements, to the Matrimonial Clerk.
- Await the judge’s review and signing of the Judgment of Divorce.
Financial and Legal Standards in an Uncontested Divorce
In New York County (Manhattan), an uncontested divorce resolves property division equitably, calculates maintenance via statutory formula, and applies the Child Support Standards Act percentage to combined parental income.
| Issue | Legal Standard / Classification | Financial Range / Consequence | Additional Notes |
|---|---|---|---|
| Filing Fee | Mandatory Court Cost | $335 (Index Number) | Additional fees for RJI ($95), note of issue ($30). |
| Child Support | CSSA Percentage | 17% (1 child) to 35% (5+ children) of combined parental income up to $163,000. | Court may deviate from formula with written finding. |
| Spousal Maintenance | Statutory Formula | Calculated on income up to $203,000; duration based on marriage length. | Applies to both temporary (pendente lite) and post-divorce maintenance. |
| Property Division | Equitable Distribution | Division of marital property is not necessarily equal, but what is fair. | Applies to assets acquired during marriage. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority in New York Family Law
Founded in 1997, Law Offices Of SRIS, P.C. brings extensive experience to family law matters in New York. Our firm-wide track record includes over 4,739 documented case results. While we practice actively in New York, we approach each case with a focus on the specific procedural requirements of courts like the New York County Supreme Court. Our founder, a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex financial aspects of divorce, such as business valuation and retirement asset division.
Documented Case Results
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our attorneys use this broad experience when advising on how to get an uncontested divorce in New York, aiming for efficient resolutions that protect our clients’ interests.
Results may vary. Prior results do not aim for a similar outcome.
New York County (Manhattan) Family Law Legal Help
Our New York location serves clients with matters at the New York County Supreme Court. We represent individuals across Manhattan, including Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood.
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Frequently Asked Questions: How To Get Uncontested Divorce In New York
What are the grounds for an uncontested divorce in New York?
Yes. The primary ground is the irretrievable breakdown of the relationship for at least six months (DRL § 170(7)). Both spouses must agree that the marriage has broken down irretrievably for this period, making it a true no-fault option for an uncontested divorce.
Do I need a lawyer to file an uncontested divorce?
It depends. While you can file pro se, consulting with a How To Get Uncontested Divorce In New York Attorney is highly advisable. An attorney ensures your settlement agreement is legally sound, covers all necessary issues like asset division and child support, and is formatted correctly for the New York County Supreme Court, preventing delays or rejections.
How long does an uncontested divorce take in New York County?
Typically 3 to 6 months from filing to judgment. The timeline depends on court processing speeds at 60 Centre Street and whether your initial filing packet is complete. Missing documents or errors in the settlement agreement can significantly extend the process.
What must be included in the settlement agreement?
The agreement must resolve all issues: grounds for divorce, equitable distribution of marital property and debts, spousal maintenance (if any), child custody and visitation, and child support (including a completed CSSA worksheet). It must be signed and notarized by both parties.
Can I get an uncontested divorce if my spouse lives in another state?
Yes, if New York has jurisdiction. You or your spouse must have lived in New York continuously for at least two years before filing, or one year if you were married in New York, both lived in New York as a married couple, or the grounds for divorce occurred in New York. Service of process rules for out-of-state spouses must be followed precisely.
For more information, see our New York Family Law overview. We also assist with related matters like criminal defense in Manhattan. For help in nearby areas, consider our pages for Kings County (Brooklyn) or Queens County.
Page last verified: 2026-04. Laws and procedures change. For the most current guidance on how to get an uncontested divorce in New York, contact Law Offices Of SRIS, P.C. at (888) 437-7747.