How to File for Uncontested Divorce in New York: Step-by-Step Guide

Filing for an uncontested divorce in New York is often the simplest and most affordable way to end a marriage when both spouses agree on all terms. At We The People, we specialize in helping New Yorkers prepare and file uncontested divorce paperwork quickly and correctly, so you can avoid costly delays and court hassles.

If you’re ready to start your uncontested divorce but want to understand the process—including when your spouse needs to sign or be served—this guide breaks down everything you need to know.

What Is an Uncontested Divorce in New York?

An uncontested divorce means both spouses agree on all key issues, including child custody, support, property division, and debt responsibility. Because there’s no dispute, uncontested divorces usually take less time, cost less money, and avoid the stress of court battles.

Step 1: Confirm Residency and Grounds for Divorce

To file in New York, at least one spouse must meet the state’s residency requirements (generally living in New York for at least one year). The most common grounds for uncontested divorce is the irretrievable breakdown of the marriage for six months or more (a no-fault ground).

Step 2: Prepare Your Divorce Documents

You’ll need to complete several key forms, including:

Summons With Notice or Summons and Verified Complaint
Stipulation of Settlement or Agreement (showing terms both parties agree to)
Child Support Worksheet (if children are involved)
Affidavit of Service (proof your spouse was served)
Judgment of Divorce

At We The People, we help prepare these forms accurately and guide you through every step.

Step 3: Sign or Serve? What Your Spouse Must Do

This is a critical part many people overlook:

If your spouse signs the divorce papers and settlement agreement, they do not need to be formally served with the summons and complaint. This “signing” option is faster and avoids the cost and complexity of service.
If your spouse does not sign, you are required by law to serve them with the divorce papers using an approved method, like a process server or sheriff. Proper service is essential for the court to have jurisdiction over your spouse.

Having your spouse sign all the paperwork simplifies and speeds up the uncontested divorce process significantly.

Step 4: File the Papers with the Court

Once paperwork is ready and either signed or served, you file the documents with the county clerk’s office where either spouse resides. The filing fees in New York are approximately $335, plus any service fees if your spouse is not signing.

Step 5: Wait the Required Statutory Period

New York law requires a minimum 40-day waiting period ONLY if your spouse is served before the divorce can be finalized. This gives both parties time to reconsider or negotiate further if needed.

Step 6: Finalize Your Divorce

After the waiting period, submit the Judgment of Divorce to the court. The judge will review your paperwork, and if everything is in order, the divorce will be granted.

How Much Does an Uncontested Divorce Cost in New York?

Costs include:

Total Court filing fees (~$335)
Document preparation fees (if you hire help)

Using a document preparation service like We The People ensures your forms are filled out correctly and can save you time and frustration.

Why Choose We The People for Your Uncontested Divorce?

Expertise in New York divorce paperwork and court rules
Affordable flat-fee service with no hidden costs
Clear guidance on signing vs. service options
Fast turnaround to meet court deadlines
Trusted NYC-based provider since 2005

FAQs About Filing an Uncontested Divorce in NY

Q: Does my spouse have to be served?
A: No, if your spouse signs all divorce documents, formal service is not required.

Q: How long does an uncontested divorce take?
A: Typically 3 to 6 months depending on the court and whether your spouse signs or is served.

Q: Can I file without a lawyer?
A: Yes, but many choose professional document prep services like We The People to avoid errors.

Ready to File Your Uncontested Divorce in New York?

Get your uncontested divorce paperwork prepared right the first time with We The People. Visit wtpny.com or call us to get started today and take the stress out of your divorce.