NYC Uncontested Divorce Law

Frequently asked questions

Do I have to appear in court?
Usually no. Most uncontested matters are handled on papers. If a clerk requests a minor fix, we handle it in writing.
How long does this take?
Many cases complete 8–16 weeks after signatures. Timing varies by borough workload and how quickly you return documents.
What exactly does the $5,000 include?
Attorney time through Judgment, standard NYC filing fees (Index Number, Note of Issue equivalents), and routine personal service. Unusual items (publication, translations, international service) are quoted up front.
Are there refunds?
Yes—this practice uses staged work. Refunds are available before drafting begins (Stage 1), before filing occurs (Stage 2), and before judgment work begins (Stage 3).
Do both of us have to live in New York?
Not necessarily. DRL §230 has several residency paths (e.g., one spouse in NY for 2 years; or 1 year with ties). We’ll map your facts at intake.
What counts as “uncontested”?
Both spouses agree on all terms (parenting, support, property, debt, name change). There’s no dispute for the judge to decide.
Can we e‑file?
We use NYSCEF where allowed or EDDS when directed. When a court requires paper filing, we handle that instead.
What if we have children?
Your parenting plan must be workable and clear. We cover living arrangements, a schedule, decision‑making, holidays, travel, and communication.
How is child support calculated?
New York’s CSSA uses combined parental income and applies statutory percentages. We run the math and include required add‑ons.
Can I keep my home address private?
We can list a mailing address and keep your apartment number private where appropriate. We’ll discuss options at intake.
Can I restore my former name?
Yes. We include it in the pleadings and Judgment so you have one permanent document for agencies and accounts.
Do I need to be a NYC resident?
No, but a qualifying New York residency path must apply. We’ll confirm which one fits your facts.
Will a judge ever call me?
Highly unlikely in an uncontested matter. Most communication is through filings and clerk review.
How do notarizations work?
We’ll explain in‑person vs. remote options (RON) and line up what’s needed for your signatures.
Do we need financial disclosures?
If requested by the court or for clarity in property/support terms, we’ll include the simplest form that satisfies the requirement.
What are the filing fees?
They’re included in your $5,000 plan for a standard uncontested case. If the court requires something unusual, we quote before spending.
Can I sign everything electronically?
Often yes. We’ll use court‑accepted electronic signatures and RON where allowed.
What if I need my Judgment fast?
We’ll sequence steps and file as early as allowed. Some timing is court‑driven; we’ll give you a realistic range.
What if we own property together?
We’ll list major assets and debts with clear who‑gets‑what terms so clerks and agencies can process without questions.
What if we separated years ago?
That’s okay. We’ll confirm the grounds and reflect your current agreement.
Will this affect immigration?
Divorce can affect certain applications. If immigration is a concern, we’ll coordinate timing and documentation with your immigration counsel.
How do we start?
Click “Start your divorce” and complete the quick intake. We’ll reply with next steps and a draft engagement letter.
Can things become contested mid‑way?
If disagreements arise, we can pause and discuss options. The uncontested plan applies only to fully agreed matters.
Is mediation required?
No, not for uncontested cases. If you need help finalizing terms, we can refer you to neutral mediators.
What if my spouse is in another state or country?
Service abroad or by alternative means is possible. If required, we’ll quote the extra cost up front before doing the work.
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