Uncontested Divorce Lawyer New York

Not every divorce requires a trial, witnesses, or a judge deciding how a marriage’s assets get divided. When spouses agree on the terms, an uncontested divorce allows a marriage to be dissolved without a contested court proceeding, often using the no-fault ground available under New York law. Domestic Relations Law § 170(7) permits a divorce where the marriage has broken down irretrievably for at least six months, based on one spouse’s sworn statement, without requiring proof of fault by either party. This ground has become the most common path to an uncontested divorce in New York, though the statute requires that all of the case’s ancillary issues, including equitable distribution, spousal support, child support, and custody and visitation, be resolved by agreement or court determination before a judgment can actually be entered. Mr. Sris and the firm’s Of Counsel attorneys help spouses prepare the agreement and paperwork an uncontested divorce requires, working to see that every issue the judgment needs to address is actually resolved before the case is submitted to the court. Spouses who agree on the major terms of their divorce, or who are close to an agreement and want help finalizing it, can request a consultation to discuss their situation. Call (888) 437-7747 to request a consultation.

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What Uncontested Divorce Means in New York

An uncontested divorce is one in which the spouses agree on the ground for divorce and on all of the case’s related issues, allowing the divorce to proceed without a trial or contested hearings. The most commonly used ground for an uncontested divorce in New York is the no-fault ground under Domestic Relations Law § 170(7), which allows a divorce where the relationship has broken down irretrievably for a period of at least six months, based on one party’s sworn statement, without any need to prove fault such as cruelty, abandonment, or adultery. Because this ground requires only a sworn statement rather than evidence of wrongdoing, it removes one of the most contested elements many divorces used to involve.

Using the no-fault ground does not, by itself, make a divorce uncontested, and it does not allow a court to enter a final judgment on its own. The statute is explicit that no judgment of divorce may be granted under this ground until the case’s ancillary economic and custody issues, equitable distribution of marital property, spousal support, child support, counsel and expert fees, and custody and visitation of any children, have been resolved, either by agreement between the spouses or by determination of the court, and incorporated into the judgment. In an uncontested case, the spouses typically resolve these issues themselves, often through a written settlement agreement covering property division, support, and, when applicable, a parenting plan, and then submit that agreement along with the no-fault ground to the court for approval and entry of judgment. Because every one of these ancillary issues has to be addressed before judgment can be entered, even a divorce where both spouses agree on everything still requires careful attention to make sure the settlement agreement and supporting paperwork actually cover each issue the statute requires.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Uncontested Divorce Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys assist spouses pursuing an uncontested divorce under the no-fault ground in Domestic Relations Law § 170(7), working to see that every ancillary issue the statute requires, equitable distribution, support, and custody and visitation where children are involved, is actually addressed in the settlement agreement before it is submitted to the court. The firm’s Of Counsel attorneys contract directly with the firm and prepare or review the settlement agreement, verified pleadings, and supporting affidavits an uncontested divorce filing requires, working to identify gaps that could delay entry of judgment, such as a property issue left unaddressed or a support term that does not match the statutory framework. Because an uncontested divorce still requires the court to confirm that all ancillary issues have been resolved before signing the judgment, the firm reviews each settlement agreement with that requirement specifically in mind, rather than treating spousal agreement alone as sufficient. Where spouses have already reached an understanding on most issues but need help finalizing terms on property, support, or parenting arrangements, the firm works to bridge those remaining gaps so the case can proceed on an uncontested basis rather than becoming a litigated dispute.

Attorney Background

Mr. Sris founded the firm in 1997 after beginning his legal career as a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and uncontested and contested divorce matters both make up part of his practice. Mr. Sris and the firm’s Of Counsel attorneys handle uncontested divorce filings throughout New York. The firm’s Of Counsel attorneys contract directly with the firm rather than through any outside intermediary. The firm does not offer free consultations; prospective clients are instead invited to request a scheduled consultation to discuss an uncontested divorce. The intake line is staffed 24/7 for phone calls at (888) 437-7747, though attorney meetings themselves are by appointment. Spouses who agree on the major terms of ending their marriage can use a scheduled consultation to review whether their settlement agreement addresses every issue Domestic Relations Law § 170(7) requires before judgment can be entered, including property division, support, and any custody or visitation arrangements. That review often catches gaps that are easy to miss when spouses draft an agreement without counsel, helping to keep the case on an uncontested track rather than delaying entry of judgment or turning into a contested matter.

Frequently Asked Questions

What ground is most commonly used for an uncontested divorce in New York?

Most uncontested divorces in New York rely on the no-fault ground in Domestic Relations Law § 170(7), which allows a divorce where the marriage has broken down irretrievably for at least six months, based on one spouse’s sworn statement, without proving fault.

Does agreeing to a no-fault divorce mean the case is automatically uncontested?

Not by itself. Domestic Relations Law § 170(7) requires that all ancillary issues, including equitable distribution, spousal support, child support, and custody and visitation, be resolved by agreement or court determination before a judgment can be entered. A case only becomes truly uncontested once those issues are actually addressed.

What happens if spouses agree on the divorce but not on property or custody?

If any ancillary issue, such as property division, support, or custody, remains unresolved, the case cannot proceed to judgment under the no-fault ground until that issue is settled by agreement or decided by the court. This can turn what started as an uncontested case into a more contested proceeding on the unresolved issue.

Do both spouses need to sign the same paperwork for an uncontested divorce?

Yes. An uncontested divorce generally requires a settlement agreement signed by both spouses covering the required ancillary issues, along with verified pleadings and supporting affidavits submitted to the court for review and entry of judgment.

Can an uncontested divorce include children and custody arrangements?

Yes. Domestic Relations Law § 170(7) specifically requires custody and visitation of any children of the marriage to be resolved, whether by agreement between the spouses or by the court, before a judgment can be granted under the no-fault ground.

Is a lawyer necessary for an uncontested divorce?

New York law does not require either spouse to have a lawyer, but because the no-fault ground requires every ancillary issue to be properly resolved before judgment, many spouses use a lawyer to help prepare a settlement agreement and supporting paperwork that will not be rejected or delayed by the court.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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