How to File an Uncontested Divorce in New York

Filing for an uncontested divorce in New York can be a straightforward process if both parties agree on all terms. Here’s a step-by-step guide to help you understand the procedure:

Step 1: Meet the Residency Requirements
Before you can file for divorce in New York, you must meet one of the following residency requirements1:

You or your spouse have been a resident of New York State for a continuous period of at least two years before filing.
You or your spouse have been a resident of New York State on the date of filing and for a continuous period of at least one year immediately before filing, and either your marriage ceremony was performed in New York State, or you lived in New York State with your spouse as married persons.
You or your spouse have been residents of New York State for a continuous period of at least one year immediately before filing, and the grounds for divorce occurred in New York State.
Step 2: Grounds for Divorce
Decide on the grounds for divorce. New York allows for “no-fault” divorces, which means you can file for divorce on the basis that the marriage has irretrievably broken down for at least six months1.

Step 3: Prepare the Divorce Papers
If you have no children under 21 and your marriage has been over for at least six months, you can use the DIY Uncontested Divorce Program to prepare your papers. 

Step 4: File the Papers
File the following documents with the County Clerk’s Office:

Summons with Notice or Summons and Complaint
Notice of Automatic Orders
Notice Concerning Continuation of Health Care Coverage
Settlement Agreement (if you have one)
Step 5: Serve Your Spouse
The Defendant (your spouse) must be personally served with the divorce papers to inform them of the divorce case.

Step 6: Court Fees
This does not include additional costs like attorney fees, photocopies, notary fees, etc.

Step 7: Finalizing the Divorce
After serving your spouse, you’ll need to wait for them to respond. If they agree to the terms or fail to respond, you can proceed with finalizing the divorce. This may involve submitting additional forms and appearing in court.

Remember, while you can file for an uncontested divorce on your own, it’s always recommended to consult with an attorney to ensure that your rights are protected and the process is handled correctly. Each case is unique, and an attorney can provide personalized guidance tailored to your situation.