Going through a divorce can present challenges, but a new initiative aims to ease the divorce process for New Yorkers.
With the statewide launch of the uncontested joint divorce program Jan. 31, 2025 by the New York State Unified Court System, New Yorkers who agree to an uncontested joint divorce on the grounds of "irretrievable breakdown in a relationship for at least six months" can now petition the court together, instead of one spouse filing for a divorce against the other. The goal is to reduce the amount of paperwork required by combining the many forms and pleadings and simplify the divorce process overall, according to the New York State Unified Court System.
The program, which allows for eligible spouses to file and sign their divorce papers jointly, aims to save divorcing couples time and money, with the goal of expediting the divorce and averting unnecessary strain.
"The Uncontested Joint Divorce program streamlines the paperwork required to obtain an uncontested divorce, will speed up the divorce process, further cooperation between the parties, and ease their path ahead as they and their families adjust to their new life circumstances," said First Deputy Chief Administrative Judge St. George.
Is Uncontested Joint Divorce Right for You?
Uncontested joint divorce may be right for you and your spouse if you both can agree on what will happen after the divorce regarding your finances, property, and custody (parenting time) and support of any children. This type of divorce is fairly quick to obtain, and you may file your papers together, requesting the court to approve what you agree should happen after your divorce, instead of one spouse filing for a divorce against the other.
Where most people get confused regarding divorce in New York, is in understanding that divorce on fault grounds, is not the same as an uncontested, or uncontested joint divorce. Since 2010, New York no longer requires that a party claim their spouse engaged in some kind of conduct that entitles them to a divorce (such as adultery, abuse, or abandonment). Simply pleading that
A marriage that has irretrievably broken down for at least the past six months is sufficient for uncontested joint divorce. However, if you cannot agree on all issues regarding your divorce (equitable distribution, custody, child support, maintenance), the divorce is still contested and you cannot get a Joint uncontested divorce. The uncontested joint divorce will have to include a legally binding settlement agreement of all marital issues that has first been properly prepared and signed and notarized by the couple.
The court's uncontested joint divorce packet, along with an informational guide, is available here.
Speak With a Lawyer Today
While drafting an agreement and even preparing the uncontested joint divorces documents may seem simple, they require careful attention to detail and adherence to legal requirements. Consulting a lawyer can make the process smoother and prevent potential issues.
Even in an uncontested joint divorce, consulting an experienced divorce attorney is a smart move. A lawyer can draft or review the settlement agreement, confirm that your arrangements comply with New York state divorce laws, and make sure you haven't overlooked any critical details. By seeking legal assistance, you can be confident that your uncontested joint divorce will proceed as smoothly as possible. Contact us to speak with one of our skilled and knowledgeable family lawyers today!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
