Uncontested divorce in New York, explained simply

What "uncontested" means, who qualifies, and the papers involved.

Updated November 4, 2026 · Reviewed by Ettrick M. Campbell, Esq.

What "uncontested" means

An uncontested divorce means your spouse either agrees to everything or doesn't respond after being properly served. There's nothing for the judge to decide except signing the divorce. It's the fastest and cheapest kind of divorce in New York.

It's contested if your spouse files an Answer disagreeing, or if you can't agree about children, property, support or debts.

The legal reason ("grounds") most people use

New York allows no-fault divorce. You state under oath that the marriage has been irretrievably broken for at least six months. You don't have to prove anyone did anything wrong.

Do you fit?

An uncontested divorce is usually a good fit if:

  • Your spouse agrees or you expect them not to respond after being served.
  • There are no children under 21 of the marriage, or you have a full written agreement about custody and support.
  • Property, debts and support are already settled or not an issue.
  • One of you meets the residency rules: 2 years in New York, or 1 year plus a New York connection (married here, lived here as a couple, or the reason for the divorce happened here).

The papers involved

The New York courts publish a free Uncontested Divorce Packet at nycourts.gov/divorce. The main pieces are:

  • Summons with Notice or Summons and Complaint: starts the case.
  • Affidavit of Service: proves your spouse was served.
  • Affidavit of Plaintiff: your sworn statement.
  • Affidavit of Defendant: signed by your spouse if they agree (not needed on the default path).
  • Note of Issue, Request for Judicial Intervention, Findings of Fact, Judgment of Divorce.
  • Certificate of Dissolution (DOH-2168): a health department form.
  • Notices about health insurance and other required notices.

In 2026 New York also added joint uncontested divorce forms for couples who want to file together.

Where you file

You file in the Supreme Court (not Family Court) in a county where you or your spouse lives, with the County Clerk.

When to talk to a lawyer instead

  • You have children under 21 and no agreement.
  • There's a house, pension, business or significant savings to divide.
  • There's domestic violence or you feel unsafe.
  • Your spouse has a lawyer or is fighting the divorce.
  • You were served divorce papers and have a deadline.

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