Lofaro & Headley, LLC


What are the requirements for an uncontested divorce in New York?

On Behalf of | Aug 26, 2022 | Divorce

Deciding to dissolve your marriage was likely not an easy one. If you and your spouse are parting amicably, New York domestic relations law allows for uncontested, or no-fault, divorces.

Filing an uncontested divorce does not take as long as and costs less money than a contested divorce. However, the state has requirements you must meet to qualify.

You meet the residency requirement

Before you can file for a divorce in the state, you, your spouse or both must demonstrate that you meet the residency requirement. If you were married in the state, you must show that you lived in New York for one year before filing. If you were not married in N.Y., you need two consecutive years of residency.

Your marriage has irretrievably broken down

The law provides several grounds for divorce, but only one qualifies as uncontested. You have an irretrievably broken-down marriage. One party must testify under oath that the breakdown has lasted at least six months.

You both agree on settlement issues

The judicial system will not grant an uncontested divorce unless both parties agree on parenting and financial issues, such as:

  • Division of property
  • Division of debts
  • Terms of child custody and visitation
  • Alimony and child support

When you agree on all issues, you can submit the legal forms and fees to initiate the uncontested divorce.

Working through the process is never easy, but if you can meet the requirements for an uncontested divorce, you both can move on to new chapters in your lives.