Uncontested Divorce

An uncontested divorce is when the couple has amicably agreed upon and resolved all major issues, such as the division of property, custody of the children of the marriage, visitation and child support, and spousal support, if any.

Therefore, it is just a matter of both parties signing the divorce Affidavits, and other legal documents to be submitted to the court, and a court appearance is not required from either party in New York in this event. This is a typical no-fault divorce, and is the quickest and easiest way to obtain a divorce.

An uncontested divorce can also be granted when one party fails to appear in the divorce action.

Once the divorce application is filed, the length of time it takes to finalize an uncontested divorce varies from county to county, and depends on the backlog of cases before the judge assigned to consider the application. Typically, an uncontested divorce should be finalized within 3 to 6 months.

An uncontested divorce is much easier to obtain than a contested divorce because the spouses can end their marriage without protracted negotiations, legal posturing and court appearances, and therefore involves less stress and lower legal fees.