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NY Uncontested Divorce Eligibility

In order to file for an Uncontested divorce in New York State you must meet the residency requirements, have grounds for divorce, and an agreement about the terms of your divorce with your spouse. If these three requirements are met, you can get divorced without having to appear in Court.

  • You or Your Spouse has Lived in New York State for the Last Two Years and Continues to Reside in NY -OR-
  • You and your Spouse are Living in New York at the Time You File for Divorce and the Grounds for Divorce Occurred in New York -OR-
  • You or Your Spouse has Lived in New York State for the Last One Year, AND a) The Two of You Were Married in NY, or b) The Two of You Lived in New York During Your Marriage, or c) The Grounds for Divorce Occurred in NY.

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The bottom line is that most people have grounds to get a divorce when both parties are in agreement that a divorce should take place. The party that brings the action must set forth the grounds for divorce in the papers.

Grounds for Divorce in New York State:

  • No Fault - Marrage is Irretrievably Broken.
  • Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.
  • Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.
  • Three Years Imprisonment - Spouse has been in jail for three consecutive years.
  • Adultery – Third Party Proof Required.
  • Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk or Judicial Order.
NY Uncontested Divorce Eligibility

Typically most people seeking an uncontested divorce have negotiated a basic agreement with their spouse regarding Custody, Visitation, Child Support, Maintenance and the Division of Marital Assets and Marital Debts. So long as you have a basic verbal agreement with your spouse you may proceed with the uncontested divorce. A written agreement will be drafted in a manner that complies with your wishes and New York State Law.

Compare Flat Fee Uncontested Divorce Plans

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1000+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Divide Our Property and Debts

$1250+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1350+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Divide Our Property and Debts

$1500+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.