What has to be agreed?
- Division of marital property and marital debt
- Whether either spouse pays maintenance, how much, and for how long
- Custody and parenting time, if there are children
- Child support, including add-on expenses like health insurance and childcare
- Retirement accounts and pensions, including whether a QDRO is needed
If any one of these is open, the case is contested until it closes. Most contested divorces eventually settle and finish uncontested.
What does the process look like?
The agreement is negotiated and drafted first. Once signed, the divorce papers are filed with Supreme Court and the judgment is generally granted on the papers, without an appearance. Timing is driven mostly by court processing rather than by the parties.
Where uncontested divorces go wrong
Vagueness about the house. “The house will be sold” without who lists it, who sets the price, who pays the carrying costs until it closes, and what happens if it does not sell.
Silence on the retirement accounts. A pension divided in principle but with no QDRO ordered is a problem that surfaces at retirement.
A parenting schedule written for this year. Holidays, school breaks, transportation, and relocation are the four things that generate post-judgment litigation.
Waiving maintenance without understanding it. Maintenance can be waived, but it should be a decision made with the guideline number in front of you rather than in the abstract.
Can one lawyer represent both spouses?
No. A lawyer cannot represent both sides of a divorce. One spouse can retain counsel to draft the agreement while the other proceeds unrepresented or has independent counsel review it — but the drafting attorney represents one client only, and will say so in writing.
Where both spouses want counsel and want to stay out of court, collaborative divorce or mediation is the structure designed for that.
Frequently asked questions
How much does an uncontested divorce cost in New York?
Less than a contested one, and the range depends on how much drafting the assets require. Before any work begins you receive a written scope and fee structure.
How long does an uncontested divorce take?
Generally months rather than weeks once the agreement is signed, with most of the time being court processing.
Do I have to appear in court?
Usually not. Uncontested divorces are typically granted on the papers.
Can we file without lawyers?
It is possible. The risk is not the filing, it is the agreement — the terms bind you for years, and vague drafting is the most common source of post-judgment litigation.
Related: No-Fault Divorce · Collaborative Divorce · Equitable Distribution · back to Divorce
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539