Uncontested Divorce in New York State

Coming to the realization that your marriage is ending can stir up several emotions, such as sadness, grief, anger, or even relief. When you make the decision to pursue a divorce, you will be faced with numerous questions and decisions that can significantly impact your future. Additionally, you will need to determine whether to pursue a contested or uncontested divorce, as the process differs slightly between these two courses of action. If you and your soon-to-be ex-spouse are able to communicate openly and productively with one another to negotiate the terms of your divorce, an uncontested divorce may be right for you. 

Some Basic Requirements

In order for you to pursue an uncontested divorce, you will need to make sure that both you and your spouse agree that a divorce is necessary. In some situations, one spouse may want to move forward with a divorce, but the other spouse refuses to participate in the process. Should this happen, your divorce will likely be considered “contested,” and you will need to take a different approach. In an uncontested divorce, you and your spouse will need to work collaboratively to reach an equitable agreement. While no one expects you to be on completely friendly terms with your spouse, you should still be able to communicate civilly and respectfully with each other in order for the uncontested divorce process to be successful.

What You Will Need to Negotiate

There are many important issues that you and your spouse will need to discuss and negotiate before you can move forward with your uncontested divorce. You will need to determine how you will divide up marital property and debts and whether spousal support payments are necessary. If you have children, you will also need to determine child custody and parenting time arrangements, and whether the non-custodial parent will make child support payments. While some minor disagreements are natural during the negotiation process, you will need to ultimately come to an agreement that you can both endorse before the divorce can be finalized.

How an Attorney Can Help

While the uncontested divorce process can be completed without the assistance of an attorney, it is highly recommended that you consult with an experienced divorce attorney to ensure that the final terms are fair and equitable. Divorce involves a mountain of paperwork, so having a trusted attorney during this complex process can save you a lot of time. Additionally, should major arguments break out during the negotiation process, your attorney can help you make the necessary transition to a contested divorce and represent your best interests in court.


To learn more about the uncontested divorce process in New York, reach out to the experienced and compassionate legal team at the Law Office of Adrienne D. Edward, P.C. by calling (347) 997-3811 today.