Every year, thousands of couples across New York choose to end their marriages without the chaos of courtroom drama. If you and your spouse are able to reach agreements on your own, an uncontested divorce might be the fastest, most affordable, and least stressful option available. But “simple” doesn’t always mean “easy.”
Here are 7 tips from our Brooklyn divorce attorneys to help you navigate an uncontested divorce the smart way.
1. Make Sure You Meet the Legal Requirements
Before filing, you need to satisfy two key criteria:
- Residency: At least one spouse must meet New York’s residency rules (such as living in the state for at least one year if you were married here).
- Grounds: The most common is the “irretrievable breakdown of the marriage” for six months or more—a no-fault ground that doesn’t require placing blame.
💡 Tip: Even uncontested divorces can be delayed or dismissed if these basic requirements aren’t met. Consult a lawyer to be sure.
2. Agree on Everything
To qualify as uncontested, both parties must agree on all terms, including:
- Division of marital property and debts
- Spousal support (if applicable)
- Child custody, visitation, and child support (if you have minor children)
If even one issue is unresolved, the divorce becomes contested—leading to longer timelines, higher costs, and potential court involvement.
3. Don’t Skip the Settlement Agreement
The Settlement Agreement is the foundation of an uncontested divorce. It should clearly outline all terms, including asset division, parenting plans, and financial obligations.
Think of it as your divorce “blueprint”—the judge will review this before signing off on your divorce.
💡 Tip: Ambiguous or incomplete agreements are a major reason courts reject uncontested divorce filings.
4. Protect Yourself with a Divorce Attorney
Even if things are amicable, legal paperwork can be complex—and one mistake could cost you time, money, or custody rights.
An attorney can:
- Draft or review your settlement agreement
- Ensure legal accuracy in your filings
- Help you avoid being taken advantage of
💡 Tip: Hiring a family lawyer doesn’t mean you’re being aggressive—it means you’re being smart.
5. File and Serve Properly
The uncontested divorce process begins when the plaintiff (the filing spouse) submits a “Summons with Notice” or “Summons and Complaint.” These must then be served in person to the defendant (your spouse) within 120 days.
Your spouse must either:
- Sign an Affidavit of Defendant agreeing to the divorce
- Do nothing (a default may still allow the divorce to proceed)
💡 Tip: You cannot serve the papers yourself. Use a process server or an adult over age 18 who is not involved in the case.
6. Keep the Peace—Even When It’s Hard
Uncontested doesn’t mean “free of emotion.” Breakups can stir up resentment, especially when discussing money or parenting. But keeping things respectful and cooperative benefits both parties in the long run.
💡 Tip: Mediation or collaborative divorce may help if tensions are rising but both sides still want to avoid court.
7. Follow Through After Judgment
Once the judge signs the Judgment of Divorce, it must be:
- Filed with the County Clerk
- Served to your spouse with proof of service
You’ll also want to update legal documents like wills, insurance beneficiaries, and powers of attorney—especially if your ex is still listed.
💡 Tip: Ask your attorney for a post-divorce checklist to avoid missing important legal and financial steps.
Uncontested Doesn’t Mean You’re Alone
Divorce—even an amicable one—is a major life transition. The fewer mistakes you make now, the easier it will be to move forward with confidence.
Hire a Divorce Attorney in New York City
At Brian D. Perskin & Associates P.C., we’ve helped thousands of New Yorkers complete uncontested divorces efficiently and affordably. Our experienced team will guide you through every step, from drafting agreements to final court filing—without unnecessary stress or expense.
📞 Call us today at 718-875-7584 for a free consultation and learn how we can help you close this chapter with clarity and dignity.