An uncontested divorce provides an opportunity for couples who agree on all terms of their divorce. When both parties are aligned on crucial issues such as property division, child custody arrangements, and spousal support agreements, an uncontested divorce can be finalized without the need for contentious court battles. Our firm, which specializes in divorce mediation Long Island, offers a more collaborative and efficient alternative to the traditional divorce process, helping couples avoid the emotional and financial strain of litigation. Through private mediation, you and your spouse can resolve all matters with the assistance of a neutral third party, enabling you to move forward in a peaceful and cost-effective manner.
What Is An Uncontested Divorce?
An uncontested divorce occurs when the couple has come to an agreement that there will be a divorce and has agreed on all related issues, including custody, spousal support, child support and the division of marital property.
Simply, an uncontested divorce means that the spouses have agreed to divorce, and there is an agreement in place. At the conclusion of mediation, a couple can agree to file for an uncontested no-fault divorce. For couples in New York, this process is permitted under the New York Domestic Relations Law, specifically DRL 170(7), which allows for a no-fault divorce in NY.
To get a divorce on this ground, your relationship with your spouse must have broken down irretrievably (so that it is impossible to repair or reconcile) for a period of at least six months. One of the parties must swear under oath that the relationship has broken down irretrievably for a period of at least six months; AND you and your spouse have either resolved all the economic issues of distribution of property, spousal support, child support, and the custody and visitation with the minor children of the marriage.
Benefits of Uncontested Divorce
- Faster Divorce in New York: Mediation speeds up the process compared to traditional litigation.
- Lower Costs: Avoid costly divorce paperwork filing errors and additional legal expenses of two attorneys.
- Less Stressful: Resolve conflicts in a peaceful, private setting without the pressure of court appearances.
- No Court Required: Divorce without court in NY is entirely possible when both parties reach an agreement. The attorneys at Divorce Mediation Professionals will deal with the courts and all filings on your behalf.
- Collaborative Process: Maintain control over the terms of your marital settlement agreement by working together with the help of your neutral mediator.
- Confidential: The mediation process is private and confidential.
Is an Uncontested Divorce Right for You?
An uncontested divorce may be suitable for you if:
- Both parties reach agreement: You and your spouse have agreed on all critical aspects of your divorce, including child custody arrangements, property division, child support agreement and spousal support agreements. If there are disagreements on any issues, divorce agreement mediation can help resolve them
- You Meet the New York State Residency requirements: To file for a divorce in New York, you must meet the New York State residency requirement, which are as follows:
- Either you or your spouse has been living in New York State continuously for at least two years before the divorce case is started.
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and
- (1) you got married in New York State, or
- (2) you lived in New York State as a married couple, or
- (3) the grounds for your divorce happened in New York State;
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
- You file in the correct county: You must file in the county where at least one spouse resides. This is a recent change under the new law for filing within the New York State Unified Court System. You can no longer mutually select a different county to file in.
Common scenarios where uncontested divorce is a good option include couples who successfully conclude mediation and have reached an agreement on all issues from asset division to child custody arrangements. If no issues remain unresolved, couples can enter into a formal, written settlement agreement and proceed with an uncontested filing under the no-fault divorce in NY provision. At Divorce Mediation Professionals, we can assist you through this entire process. Call (516) 222-0101 to request your FREE consultation.
How to File for Uncontested Divorce in New York
The process of filing for an uncontested divorce in New York can seem complex, but with proper guidance, it can be straightforward. While you can file divorce paperwork filing yourself using forms from the court’s website, many people choose to seek professional assistance to avoid errors that lead to rejected papers. Our team at Divorce Mediation Professionals is here to help. We offer low-cost divorce mediation to ensure your paperwork is completed and filed correctly and efficiently through the court’s e-filing system. With our help, you don’t need to navigate this process alone.
What to Expect During Your Uncontested Divorce on Long Island, NY
Once all issues are agreed upon, including spousal support agreements and child custody arrangements, you can expect the following:
- No court appearances: If all matters are settled, you won’t need to appear in court.
- Documents required: Key documents like your final marital settlement agreement, separation agreement, financial disclosures, including information about medical insurance for children and social security numbers, will be needed.
- Commencing Action: To commence the action for divorce you and your spouse will determine who will be the plaintiff and who will be the defendant and an Index number, which is one of the NY Divorce Filing Fees, will be purchased. Although this understandably feels adversarial, there is no legal implication in which party is plaintiff or defendant, since the matter is uncontested. The courts have recently introduced a new method by which spouses can file an uncontested joint no-fault divorce together. The “Joint Divorce” is still brand new so it is unclear how, if at all, this will change the process of how we help our clients.
- Timeframe: The duration of the divorce process depends on the county where your case is filed. Counties in upstate New York, Westchester County and Suffolk County tend to have faster turnaround times compared to more congested areas like New York City and even Nassau County. Unfortunately, it is very hard to predict how long it will take the court to grant the divorce, as the timeline varies by the backlog in each county. For example, in Suffolk County, the process can take about 2-6 months, while in Nassau County, it may take around 4-9 months. In New York City it can take up to a year if not more.
- The Family Court in your County (e.g. the Suffolk County Family Court) does not have the authority to grant the divorce. The divorce will be filed in Supreme Court in the county where you reside.
- If you and your spouse decide to complete only the legal separation process by entering into a separation agreement, you can postpone filing for the uncontested divorce until a later time.
How Divorce Mediation Can Help
Mediation helps bridge gaps and resolve disagreements. A skilled mediator can facilitate communication between spouses, helping them find solutions to difficult issues like spousal support agreements or division of assets. Mediation ensures that both parties feel heard and respected, and the mediator will help guide you toward a mutually beneficial solution. With divorce mediation Long Island, you can resolve your divorce without the stress of going to court.
Schedule Your FREE Consultation with Divorce Mediation Professionals
Serving Nassau County and Suffolk County on Long Island, NY as well as New York City and Westchester County. Call (516) 222-0101 or Contact Us Online Here.
Why Choose Divorce Mediation Professionals?
- Expertise and Experience: Our experienced mediators specialize in uncontested divorce Long Island, offering a smooth and efficient process. We have been the premier Nassau County divorce mediation center for over forty years, and now serve all of Long Island, New York City and surrounding areas.
- Affordable: We provide affordable divorce services in Long Island, saving you money compared to traditional legal fees. We can take you through the entire process from beginning to end, streamlining the process.
- Personalized Attention: We tailor our mediation services to your specific needs and ensure both parties have a fair opportunity to express their concerns.
- Low-Cost Divorce Mediation: We believe that a low-cost divorce mediation option can work for almost every couple, regardless of their financial situation. Whether the issues are complex and involve couples with high net worth or are more straightforward, mediation provides opportunity to reach a settlement in a more efficient manner and therefore keeps the cost down.
- No Court: Divorce without court in NY is possible, and we help clients avoid lengthy court battles; maintain control over their decisions in a private, cooperative setting. This ultimately shelters their children and families from the adversarial nature of the court system.
QDRO Preparation Services
If your divorce settlement includes a pension, 401(k), 403(b), deferred compensation plan, or other employer-sponsored retirement account, you may need a properly drafted QDRO or Domestic Relations Order to complete the division. At Divorce Mediation Professionals, we assist clients, attorneys, and mediators with QDRO preparation services in NYC, Westchester, and Long Island, helping ensure retirement assets are divided accurately and in accordance with the terms of your agreement.
A settlement agreement may state how retirement benefits should be divided, but plans will not process the transfer without a court-approved order. Our QDRO services help avoid costly mistakes involving survivor benefits, pension language, plan loans, tax issues, and rejected orders. Learn more about our QDRO Preparation Services or call (516) 222-0101 to schedule your FREE consultation.
Client Testimonials
Divorce Mediation Professionals made everything so much easier. We resolved all issues quickly and without any court drama. A huge relief!” – Sarah D.
“The team helped us resolve everything without stepping foot in a courtroom. The process was seamless, and I highly recommend their services.” – Mark T.
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Frequently Asked Questions
What is an uncontested divorce in New York?
An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including property division, child custody, support, and any other important issues. Since both parties are on the same page, there is no need for a lengthy, adversarial court battle. Uncontested divorces are generally quicker, simpler, and less expensive than contested divorces. At the conclusion of mediation, after both parties have reached an agreement on all issues, they can also agree to process an uncontested divorce right away, or at a later date.
How long does an uncontested divorce take in New York?
The length of an uncontested divorce in New York depends on various factors, such as how quickly you and your spouse can reach agreements and the court’s current processing times in the county where you reside. On average, it can take anywhere from 2 to 6 months from filing for the final divorce to be granted, though some cases may be resolved even faster (e.g. in less populated counties upstate). Keep in mind that some cases can take even longer than 6 months (e.g. in the boroughs of New York City). Unfortunately, it is hard to predict the timing as it is very much dependent on the backlog in the particular court. Also, as of February 2025, you may only file for an uncontested divorce in a county where one of the parties resides.
Do I need an attorney for an uncontested divorce in New York?
While hiring an attorney is not required in an uncontested divorce, it can be extremely helpful to have legal guidance to ensure that all paperwork is completed and filed correctly. While the New York courts do publish “DYI” uncontested divorce papers on their website, it can be frustrating to adhere to all of the procedural requirements and many pro se litigants find it difficult to successfully file the papers without repeated kickbacks from the court. That is why many couples we work with choose to have us prepare and process the uncontested divorce on behalf of both of them after they have successfully concluded an agreement.
Can I still file for an uncontested divorce if we have children?
Yes! You can file for an uncontested divorce even if you have children, as long as both you and your spouse agree on custody, child support, and parenting arrangements. Having a clear parenting plan in place is essential, and mediation can help facilitate these discussions in a way that prioritizes the best interests of your children.
What are the benefits of choosing an uncontested divorce?
An uncontested divorce offers many advantages, including lower costs, a faster resolution, and less emotional strain. Since both spouses work together to reach a fair agreement, you maintain control over the outcome and can avoid the bitterness and stress often associated with contested litigation. Mediation can help guide you through this process in a calm and cooperative way.
Areas We Serve
We proudly offer our services to clients across Nassau County, Suffolk County, Westchester County, New York County, Queens County, Kings County and all other counties located in New York State. If you’re in towns like Plainview, Smithtown, Massapequa or surrounding areas, we’re here to help. Additionally, we provide virtual mediation services via Zoom, so we can assist clients in Westchester, Brooklyn, Manhattan and all boroughs of New York City and upstate New York as well. No matter where you are in New York State, Divorce Mediation Professionals are here to guide you through your uncontested divorce process, ensuring it’s as smooth and stress-free as possible.