Uncontested Divorce & Separation

At least one spouse must meet New York's residency rules (DRL § 230). Generally:

• either spouse has lived in New York continuously for two years before filing; or
• either spouse has lived in New York for one year, and the couple married in New York, lived here as a married couple, or the grounds for divorce arose here; or
• the grounds arose in New York and both spouses live here when the case is filed.

• Settlement agreement. The spouses sign a written agreement resolving every issue, signed and acknowledged before a notary.
• Filing. The case is started in the Supreme Court in the county where either spouse lives.
• Service and required notices. The other spouse is served with the papers and required notices, including:
• the notice of automatic orders (opens in a new tab), which restricts transfers of marital assets during the case;
• a notice about health insurance coverage; and
• a notice about the maintenance guidelines.
• Defendant's affidavit. The other spouse usually signs an affidavit agreeing to the divorce.
• Final paperwork. The court requires findings of fact, a proposed judgment, child support worksheets if there are children, and, when the marriage was performed in a religious ceremony, an affidavit confirming the removal of barriers to remarriage.
• Judgment of divorce. Once the judge signs the judgment and it is entered, the divorce is final. The judgment can also restore a spouse's former name.

In most uncontested divorces, neither spouse needs to appear in court. Processing times vary by county, and many cases are completed within a few months after the final papers are submitted. (Learn more: NY Courts: CourtHelp (opens in a new tab))

Some couples aren't ready to divorce, or prefer to remain married for religious, financial, or health insurance reasons. New York offers two forms of legal separation:

• Separation agreement: a written contract signed by both spouses and acknowledged in the same manner as a deed. It can cover property, support, custody, and other issues, and it should be filed with the county clerk.
• Judgment of separation: a court order obtained through a court case.

After living apart for six months under a separation agreement or judgment and complying with its terms, either spouse can seek a divorce under the current version of DRL § 170 (opens in a new tab).

When one spouse's immigration status is connected to the marriage, such as a conditional green card (opens in a new tab), a divorce can affect their case. Our combined family and immigration practice allows us to plan for both.