Uncontested Divorce Lawyer Brooklyn

Many Brooklyn couples assume that once both spouses agree the marriage is over, the divorce itself will move quickly through Kings County Supreme Court. New York law does allow for an uncontested divorce, but the statute that makes this possible, DRL §170(7), sets conditions that go beyond simple agreement to end the marriage. Under this no-fault ground, a party swears under oath that the marriage has broken down irretrievably for a period of at least six months, and no showing of fault by either spouse is required. What surprises many Kings County residents is that the statute does not stop there. A judgment of divorce cannot be granted under this ground until the economic issues in the case, including equitable distribution of marital property, spousal support, child support, and payment of counsel and expert fees, along with any custody and visitation arrangements for children of the marriage, have either been resolved by agreement between the parties or determined by the court and incorporated into the judgment. In practice, this means the parties typically need a settlement or separation agreement addressing every one of these issues before Kings County Supreme Court can enter a final judgment, even when neither spouse disputes that the marriage should end. Skipping this step is one of the most common reasons an uncontested filing stalls. Mr. Sris and the firm’s Of Counsel attorneys assist Brooklyn clients with preparing the agreements and documentation an uncontested divorce under §170(7) requires. To discuss an uncontested divorce filing in Kings County, call (888) 437-7747.

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What Uncontested Divorce Means in Brooklyn

New York’s uncontested divorce process relies on DRL §170(7), which allows a divorce to be granted where the marriage has broken down irretrievably for a period of at least six months, as sworn to by one party under oath. This ground is commonly described as a no-fault divorce because it requires no proof that either spouse did anything wrong, unlike the fault-based grounds that existed in New York divorce law before this subdivision was added. The statute’s language does not itself use the phrase “no-fault divorce,” but that description is widely and accurately used to refer to subdivision (7) specifically.

The part of the statute that most affects how an uncontested case actually proceeds at Kings County Supreme Court is its proviso on ancillary issues. The statute states that no judgment of divorce may be granted under this subdivision unless and until the economic issues in the case, meaning equitable distribution of marital property, payment or waiver of spousal support, payment of child support, and payment of counsel and expert fees and expenses, have been resolved by the parties or determined by the court and incorporated into the judgment. The same requirement applies to custody and visitation for any children of the marriage. This means the no-fault ground alone does not end a Brooklyn divorce case if these issues remain open between the spouses. In practice, couples pursuing an uncontested divorce generally need a comprehensive settlement or separation agreement that resolves property division, support, and any parenting issues before the court can incorporate that agreement into a final judgment. A case can still be filed and processed relatively efficiently once these terms are settled, since neither party is contesting the divorce itself, but the paperwork and drafting requirements to reach that point are often more involved than couples expect when they first decide the marriage should end.

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

For Brooklyn clients who have agreed the marriage should end, Mr. Sris and the firm’s Of Counsel attorneys focus first on identifying every economic and custody issue that DRL §170(7) requires to be resolved before judgment. This includes reviewing what marital property exists, how the spouses propose to divide it, whether either party is seeking spousal support, how child support will be calculated if children are involved, and how custody and visitation will be structured. The firm prepares or reviews the written settlement agreement that documents these terms, since this agreement is what allows Kings County Supreme Court to incorporate the resolved issues into the final judgment without further contested proceedings.

Because an uncontested filing can still be delayed or rejected if the settlement agreement omits a required issue or addresses it incompletely, the firm reviews draft agreements closely before they are submitted to the court, whether the agreement was drafted by the firm or by the other spouse’s counsel. Mr. Sris and the firm’s Of Counsel attorneys also prepare the required filing documents for submission to Kings County Supreme Court and coordinate the procedural steps needed to move an uncontested case toward judgment once the parties have reached agreement. For clients who believe their case is uncontested but have not yet resolved every economic or custody issue, the firm helps identify what remains open and works toward a written resolution so the case can proceed under §170(7) rather than stalling. This approach applies consistently to Brooklyn-based clients whose marital assets, support obligations, or parenting arrangements touch Kings County.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He earned his education at George Mason University, where he developed a background in accounting and information systems that he has applied to complex financial and technology-related cases, including matters involving marital property and asset documentation. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Uncontested divorce matters for Kings County clients are handled by Mr. Sris and the firm’s Of Counsel attorneys. The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Brooklyn. Clients throughout Kings County are served by appointment, with matters coordinated by phone and scheduled meetings. The firm does not offer free consultations; prospective clients who want to discuss an uncontested divorce can request a scheduled consultation by calling the number listed on this page.

Frequently Asked Questions

What makes a Brooklyn divorce “uncontested” under New York law?
A divorce is uncontested under DRL §170(7) when one party swears under oath that the marriage has broken down irretrievably for at least six months, and both spouses have resolved the economic and custody issues in the case, whether by agreement or court determination. Agreement that the marriage should end is only part of what the statute requires before Kings County Supreme Court can enter judgment.

Do both spouses need to sign a settlement agreement for an uncontested divorce?
DRL §170(7) requires that economic issues and any custody or visitation matters be resolved by the parties or determined by the court before judgment is granted. In practice, this typically means a written settlement or separation agreement signed by both spouses that addresses property division, support, and parenting terms, which the court then incorporates into the final judgment.

Can we still file as uncontested if we have not agreed on everything yet?
A case is not ready for judgment under §170(7) until the required economic and custody issues have been resolved, either by the parties’ agreement or by a court determination. Couples who have not yet reached agreement on all issues can still work toward one, and the firm can assist with negotiating and drafting the terms needed before the case is ready to proceed to judgment.

Is “no-fault divorce” the same thing as an uncontested divorce?
DRL §170(7) is the no-fault ground because it requires no proof of marital fault, and it is often used interchangeably with “uncontested divorce,” though the statute itself does not use either phrase. A divorce filed under this ground still is not complete, and the case is not truly finished, until the required economic and custody issues have been resolved and incorporated into the judgment.

What economic issues have to be resolved before judgment under §170(7)?
The statute lists equitable distribution of marital property, payment or waiver of spousal support, payment of child support, and payment of counsel and experts’ fees and expenses. Each of these must be resolved by the parties or determined by the court and incorporated into the judgment before a divorce can be granted under this ground.

Does an uncontested divorce still involve custody and visitation terms if we have children?
Yes. DRL §170(7) requires that custody and visitation with any children of the marriage be resolved by the parties or determined by the court, in the same way the economic issues must be resolved, before a judgment of divorce can be entered under this subdivision.

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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