Uncontested Divorce in New York: Requirements, Process, and Timeline

An uncontested divorce in New York means both spouses agree on every issue — grounds, property division, support, and custody. No trial, no discovery, no drawn-out motions. The entire case is resolved through a standardized packet of court forms reviewed by a Supreme Court judge.

That doesn't make it simple. The packet contains roughly 30 distinct forms, and Supreme Court clerks reject submissions for errors as small as a misspelled middle name or a double-sided printout.

What Makes a Divorce "Uncontested" in New York

Two conditions must be true:

1. You have valid grounds. Nearly all uncontested divorces use the no-fault ground under DRL Section 170(7) — one spouse swears the marriage has been irretrievably broken for at least six months.
2. All issues are resolved. The court won't grant a no-fault divorce until property division, spousal maintenance, child support, custody, and visitation are all settled — either through a written separation agreement or the terms stated in your court filings.

If your spouse disagrees on any issue and files a formal Answer, the case becomes contested and leaves the uncontested track entirely.

Standard vs. Joint Uncontested Divorce

Standard uncontested: One spouse (the plaintiff) files the summons, serves the other spouse, and either gets their signed consent (Form UD-7) or waits for a 40-day default period. This is the more common path when spouses are cooperative but not filing together.

Joint uncontested: Both spouses file as co-petitioners using a joint summons. No formal service is required, no response window applies, and no 40-day default wait kicks in. The packet goes directly to a judge for review. This path is faster when both spouses are willing to appear as co-filers.

The Filing Sequence

1. Prepare initial papers — Summons with Notice (UD-1) or Summons and Verified Complaint (UD-1a/UD-2), plus mandatory notices (automatic orders, health care continuation, guideline maintenance)
2. Purchase an index number — $210 at the County Clerk. File in the county where either spouse resides (CPLR 515, effective February 2025)
3. Serve your spouse — Personal delivery by a non-party who is 18 or older, within 120 days of filing
4. Get consent or wait for default — Consent (Form UD-7) lets you proceed immediately. No response triggers a 40-day wait.
5. Submit the remaining packet — Note of Issue ($30), Request for Judicial Intervention ($95), proposed Findings of Fact, proposed Judgment of Divorce, financial worksheets
6. Judge reviews and signs — If approved, the Judgment of Divorce is entered
7. File and serve the judgment — File with the County Clerk, purchase certified copies ($8 each), serve with Notice of Entry (UD-14)

How Long Does an Uncontested Divorce Take?

Timelines vary by county and pathway:

• Joint uncontested with both spouses cooperating: 3 to 5 months from filing to signed judgment
• Standard with defendant consent (Form UD-7 signed): 3 to 6 months
• Standard with default (spouse doesn't respond): 4 to 8 months, including the mandatory 40-day waiting period

The biggest delays come from clerk rejections, not court backlogs. A single error in your packet — a date mismatch between the Summons and the Plaintiff's Affidavit, an incorrect child support calculation, forms printed double-sided — sends you back to the end of a processing queue that can stretch three to six months in busy counties.

Total Cost

The baseline court fees for an uncontested divorce in New York are $335: the $210 index number plus $95 for the Request for Judicial Intervention and $30 for the Note of Issue. Add $8 per certified copy of the judgment.

If you can't afford these fees, you can file a motion to seek a waiver of court costs under CPLR Article 11 (formerly called "poor person's relief," renamed by Chapter 589 of the Laws of 2024). You'll need to demonstrate income at or below the federal poverty guidelines.

The New York Divorce Filing Process Guide provides the complete uncontested divorce packet sequence, including clerk-specific packaging rules that prevent the rejection loop from adding months to your timeline.

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