A pair of scissors resting on a marriage certificate

Practice Area

Brooklyn Divorce Attorney

Uncontested and contested divorce in New York — equitable distribution of the marital estate, custody, visitation, child support and maintenance.

Where People Usually Start

A divorce decides where you live, how much you keep, and how much time you spend with your children. It is a legal proceeding and a financial reorganisation at the same time, usually while both people are least able to think clearly about either. Settled or fought, the terms entered now are the terms you live with afterwards.

How we can help

Uncontested divorce

Marriage can be one of the biggest blessings a person experiences and it can bring great joy to many. Of course, making a “lifelong promise” to another person is a major decision, and while we all hope for the best, we cannot predict the future. Sometimes a marriage needs to come to an end. For many people, divorce becomes their chosen path, because separation is not “final”. Not all divorces are contested. Many can end in a more amicable manner.

Uncontested divorce is one such option many individuals pursue to handle their divorce in New York. The uncontested divorce process is generally less stressful and less complicated with the assistance of an experienced uncontested divorce lawyer in NYC.

What is an uncontested divorce in New York?

An uncontested divorce is one where you and your spouse can agree on all terms of a divorce. Both parties negotiate the terms of the divorce without undergoing any court proceedings. Your uncontested divorce attorney will handle the details, prepare the needed New York State forms and represent you.

If you and your spouse have no property, assets or debts which have been accumulated during the marriage and there is no minor aged child or children born to the parties, then the divorce process is relatively simple. By preparing and processing a variety of documents, your lawyer can file the package with the court, pay the filing fees and then, in due course, the attorney-prepared Findings and Judgment is signed by the Judge, filed with the County Clerk and available for release to the parties.

If there are assets and minor aged children, the parties must cooperate and agree on key issues with one another and avoid conflict. The attorney selected and retained may only represent one party and may not be allowed to give advice or counsel to the other party. This constitutes an uncontested divorce.

In order to qualify for an uncontested divorce, both parties must be in agreement on all issues, including child custody and support, division of property and spousal support. Additionally your spouse must not contest the divorce once served.

Contested divorce

When your marriage is no longer savable despite your efforts, you have to make a difficult choice. You are probably considering divorce as the best option for you and your children. A divorce can be achieved in different ways. If there are important issues that you and your soon-to-be-ex-spouse have not yet agreed upon, filing for a contested divorce in New York may be the best option. This type of divorce can be very lengthy, stressful and expensive, but may be necessary to ensure your rights are protected.

What is a contested divorce in New York?

A contested divorce is when you and your soon-to-be-ex-spouse are unable to come to an agreement about the essential divorce terms. This type of divorce requires a trial and the judge will base decisions on the facts of the case and the testimony of witnesses. It is recommended to seek legal advice from an experienced divorce attorney to make sure your rights are protected.

When should you consider filing for a contested divorce?

A contested divorce is an option when the parties cannot settle matters on their own. The court’s intervention establishes a process for resolving the issues that remain in dispute.

Why this needs a lawyer

New York is an equitable distribution state, which means marital property is divided fairly rather than automatically in half — and what counts as fair is argued, not assumed. Maintenance and child support run off statutory formulas with real room for dispute about income. Agreements reached without counsel are often silent on the things that later matter most: pensions, debt, the marital residence, and how the terms can be changed.

Where these matters are filed

Each borough files in a different court, and for property matters with a different recording office. The pages below set out what changes from one area to the next.

Divorce Law — common questions

What is the difference between an uncontested and a contested divorce?

An uncontested divorce is one where both spouses agree on every term — property, debts, custody, support and maintenance — and the terms are negotiated without court proceedings. A contested divorce is one where you cannot agree, which means the court decides the disputed issues. Contested cases take substantially longer and cost substantially more.

Which court handles a divorce in New York?

Divorce is filed in the Supreme Court of the county, not in Family Court. For Brooklyn and Bay Ridge that is Kings County Supreme Court at 360 Adams Street; for Staten Island it is Richmond County Supreme Court at 26 Central Avenue. Family Court handles custody, visitation and support, but it cannot grant a divorce.

How long does an uncontested divorce take?

Once a complete package has been filed, the judgment is typically signed some months later and then filed with the County Clerk before it can be released to the parties. The exact timing depends on the county's current backlog. Contested cases run on an entirely different timeline and cannot be estimated in advance.

Do I need grounds to get divorced in New York?

New York allows a no-fault divorce based on an irretrievable breakdown of the marriage for at least six months. Fault grounds still exist, but no-fault removed the need to prove wrongdoing in most cases. The economic issues still have to be resolved before a judgment can be entered.

What does equitable distribution mean?

New York divides marital property equitably, which means fairly under the circumstances — not automatically in half. What counts as marital property, what stays separate, the length of the marriage, each spouse's contributions and future circumstances all factor in.

Can one attorney represent both spouses in an uncontested divorce?

No. Even in a fully agreed divorce, the attorney represents one party only and cannot advise the other. That is a rule about conflicts of interest, not a formality. The other spouse is free to proceed without counsel or to retain their own.

Is an annulment the same as a divorce?

No. An annulment treats the marriage as never having been valid and requires a different set of procedures and filings, with its own grounds. It is not simply a faster divorce, and it is available in far fewer situations than people expect.

The answers above are general information about divorce law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.