Reviewed August 2026
Uncontested Divorce Checklist in New York
A New York divorce is uncontested when both spouses agree the marriage is over, or the defendant does not contest it. Every other issue, property division, spousal maintenance, custody, and child support, must already be settled by agreement. New York has no separate abbreviated-grounds statute for a simplified divorce. Instead, the uncontested path runs through the same no-fault ground most filers use, DRL 170(7). The case is processed as a paperwork-only Uncontested Matrimonial Packet, not full litigation. That packet-based process is New York's real fast track. Courts handle it almost entirely through the e-filing system, NYSCEF. New York added true no-fault divorce only in 2010. Even now, a judge cannot sign the judgment on the no-fault ground until every other issue in the case is resolved. So an uncontested case still needs a complete settlement before it reaches the courthouse.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under New York law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New York paperwork. See how Virdix works for California divorces.
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What makes a New York divorce uncontested
A case is uncontested when both spouses agree the marriage should end. Most use the no-fault ground: the relationship has been broken beyond repair for at least six months. They also need a signed agreement covering equitable distribution of property and spousal maintenance. If there are children, it must also cover custody, parenting time, and child support. A court cannot enter judgment on the no-fault ground until all those issues are settled by agreement or already decided. So an uncontested filing is really a fully settled filing, not just an unopposed one. New York's residency rule offers five alternative paths. Which one applies depends on where the couple married, where they lived as spouses, and how long either party has lived in New York. Filers should check which specific path fits their situation.
No separate summary track, but a defined uncontested packet
New York's uncontested divorce is its simplified process. There is no separate short-marriage or low-asset statute. Any case where both spouses agree, or the defendant does not respond to a properly served complaint, moves through the same no-fault ground. It uses the Uncontested Divorce Packet. The packet bundles every required affidavit and form into one e-filed submission. That lets the case skip a trial and most in-person appearances.
Document checklist
A New York uncontested filing starts with a Summons with Notice or a Summons and Verified Complaint. First, buy an index number from the county clerk for a $210 fee. Once the other spouse is served, the case is completed by e-filing the Uncontested Matrimonial Packet. For cases involving children under 21, the packet must include a Child Support Worksheet, a Support Collection Unit Information Form or New York State Case Registry Form, and a UCS-111 Child Support Summary Form. A separate $125 fee applies when the Request for Judicial Intervention and Note of Issue are filed together at the end of the process. That brings the typical total to $335. New York has no single standardized fee-waiver form. Filers who cannot afford these costs can request a poor person's fee waiver at the courthouse Help Center, or file a motion under CPLR 1101 and 1102.
Is a hearing required
Generally, no. New York's uncontested divorce process runs on sworn affidavits and the e-filed packet, not live testimony. Most uncontested cases are resolved without either spouse appearing in court, once the packet is complete and accepted. The court reviews the papers and signs the Judgment of Divorce if everything is in order. A contested case is different: it proceeds through motions, discovery, and possibly trial before a judgment can be entered.
Sources: Domestic Relations Law Section 170, grounds for divorce, New York State Unified Court System, Uncontested Divorce Packet e-filing instructions, New York Courts, Starting a Divorce Case (CourtHelp)
Not independently confirmed
- nysenate.gov and nycourts.gov blocked automated curl verification with 403 responses this pass; both are official New York State sources reachable via ordinary browser and confirmed live via archive.org (200) as a fallback check
- Whether the 2025 statewide mandatory e-filing expansion to matrimonial cases (with Allegany and Erie counties reportedly excluded) is fully in effect; the current text of 22 NYCRR 202.16-c should be checked directly before publishing that detail as fact
Uncontested Divorce Checklist in New York: frequently asked questions
What qualifies a New York divorce as uncontested?+
Both spouses agree the marriage should end, usually under the no-fault ground of irretrievable breakdown for at least six months. They also need a signed agreement resolving property, maintenance, and any custody and child support issues. A court cannot enter judgment on the no-fault ground until all other issues are settled.
Does New York have a simplified divorce process for short marriages?+
No. New York has no separate summary dissolution statute tied to marriage length or assets. Its uncontested path is the standard no-fault ground, processed through the Uncontested Matrimonial Packet once both spouses agree, or the case is unopposed and fully settled.
Do we have to appear in court for an uncontested New York divorce?+
Usually not. New York's uncontested process runs on sworn affidavits filed as part of the Uncontested Matrimonial Packet. The judge typically reviews and signs the judgment without either spouse appearing in person, once the e-filed papers are complete and accepted.
How much does an uncontested New York divorce cost?+
About $335 total. A $210 fee buys the index number at the start of the case. Then $125 is paid when the Request for Judicial Intervention and Note of Issue are filed at the end of the process. This total does not include costs like serving the other spouse.
What forms go into New York's Uncontested Matrimonial Packet?+
The core packet includes the required affidavits. For cases with children under 21, it also needs a Child Support Worksheet, a Support Collection Unit Information Form or New York State Case Registry Form, and a UCS-111 Child Support Summary Form. All of these are filed together in one e-filed document.
What if we cannot afford the New York filing fees?+
New York has no single standardized fee-waiver form. You can request poor person's relief in person at the courthouse Help Center, or file a motion supported by a sworn affidavit under CPLR 1101 and 1102. Different judges may ask for different supporting details.
This page is general information about uncontested divorce checklist in New York, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New York's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New York. Virdix does not prepare or file New York divorce paperwork. It is not a substitute for an attorney licensed in New York.
More New York divorce guides
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