How does an uncontested divorce work in New York?

What makes a divorce uncontested

The New York courts describe a divorce as uncontested when the defendant agrees to it in writing or does not answer the summons. The plaintiff is the spouse who starts the case. The defendant is the other spouse.

Agreement usually means the defendant signs the Affirmation of Defendant (form UD-7). If the defendant appears and objects, the case is no longer uncontested and the court packet cannot be used.

The no-fault ground is the one the court's DIY program is built for. It requires a sworn statement that the marriage has broken down for at least six months. Money, property, support and custody must also be settled before the judge can grant the divorce.

The forms the court uses

The court system publishes a free Uncontested Divorce Packet with numbered forms. Couples with no children under 21 can instead use the court's online DIY Uncontested Divorce Program.

• Starting the case. Summons with Notice (UD-1), or a Summons (UD-1a) with a Verified Complaint (UD-2).
• Required notices. Notice of Automatic Orders, Notice of Guideline Maintenance, and the notice about continuing health coverage.
• Consent or proof of service. Affirmation of Defendant (UD-7), or an Affirmation of Service (UD-3) from the person who served the papers.
• Sworn statements. Affirmation of Regularity (UD-5) and Affirmation of Plaintiff (UD-6).
• Financial worksheets. Income, maintenance and child support worksheets (UD-8 series), when they apply.
• Court forms. Note of Issue (UD-9), Findings of Fact (UD-10), Judgment of Divorce (UD-11), Part 130 Certification (UD-12) and Request for Judicial Intervention (UD-13).

Cases with children need extra forms, such as the RJI addendum and the Child Support Summary Form (UCS-111). A spouse married in a religious ceremony may also need the barriers-to-remarriage statement (UD-4).

The steps in order

• Buy an index number from the County Clerk and file the summons. The index number is the case number that goes on every paper.
• Get the defendant's signed UD-7, or have another adult serve the defendant in person within 120 days.
• If the defendant was served and did not sign UD-7, wait 40 days from service before the next step.
• Complete the remaining forms and file them with the Note of Issue and RJI.
• A judge reviews the papers. If they are in order, the judge signs the Judgment of Divorce.
• The judgment is entered by the County Clerk and served on the defendant with a Notice of Entry.

Some counties allow these papers to be filed online through NYSCEF, the state court e-filing system. The court's county list shows where it is available.

How long it takes

The court pages do not give a standard processing time once papers are filed. The fixed waiting periods are the 120 days to complete service and the 40-day wait after service when the defendant does not sign UD-7.

Timing after filing depends on the county and on whether the papers have errors. The court publishes a list of the 20 most common mistakes people make on the UD forms.

Where mediation fits

The court packet handles the paperwork. It does not settle who keeps the house, how support is paid, or how parenting time works. Mediation is one way spouses work out those terms together.

Once the terms are in a signed agreement, the case can usually proceed as uncontested. A judge still reviews the papers and must sign the judgment. The court recommends talking with a lawyer, especially when there are children, pensions or property.