Last Updated on: 22nd June 2025, 10:47 pm

Uncontested Divorce in Queens, New York: Everything You Need to Know About the Process

Divorce is exceedingly common in the United States, with the rate at around 50 percent for all couples that take a walk down the aisle. This includes the state of New York and the county of Queens, where a wedding doesn’t necessarily mean there won’t be a divorce in a couple’s future.

Although many couples have conflicts regarding the end of their relationship that can lead to a contested divorce, many couples agree to end their marriage. This is known as uncontested divorce. It’s important to understand the laws when there is an uncontested divorce on the horizon.

Benefits of Choosing an Uncontested Divorce in Queens

With an uncontested divorce, it makes things easier for both parties. The court procedures are more streamlined, which can help each party save money.

In addition, the larger issues in the divorce, such as:

• Child support arrangements
• Child custody
• Spousal support
• Division of property

are easier in an uncontested divorce because the parties tend to be more agreeable to the terms.

Eligibility for Uncontested Divorce in Queens, New York

In general, an uncontested divorce is available for couples who do not have any lingering disagreements on all of the basic issues that are dealt with during a divorce. Those issues include property division, spousal support, child custody and child support.

Just like a contested divorce, an uncontested divorce is started when one party files for the divorce. Paperwork in an uncontested divorce is typically streamlined and includes all information about property and children, as well as a statement regarding the grounds for divorce.

If the other spouse agrees to the divorce or fails to make an appearance in the court, the court may grant the divorce. On the flip side, if the other party doesn’t agree with the divorce and makes their own court filings and the uncontested divorce cannot be granted to the original filer.

What are the Benefits of an Uncontested Divorce?

One of the main benefits of getting an uncontested divorce in Queens, NY is that both parties can save a good deal of money. This is generally because they agree on the terms of the divorce and there is less time spent in court because they are not battling it out.

Even with our Spodek Law Group attorneys representing each party, the court costs associated with an uncontested divorce are lower and the lawyer’s bills may also be lower.

In addition, an uncontested divorce allows both parties to get their divorce granted more quickly. This is because there are fewer proceedings and less legal snags. When you have an uncontested divorce, you can dissolve your marriage faster, which can allow you to get on with your life much faster and with less drama.

Understanding the Conflict Minimization Benefits

Although all divorces generally have some type of conflict involved, with an uncontested divorce, it is kept to a minimum. Conflict is essentially minimized due to fewer demands and fewer problems are liable to arise.

It is normal for information involved in divorce proceedings to become open to the public unless one or both parties have it filed under seal. That means any information that becomes public record is generally less than in a divorce that was contested and messy.

There is less information filed with the court during uncontested divorce proceedings. This allows the parties to retain their sense of privacy.

What are the Disadvantages of an Uncontested Divorce?

Unfortunately, although there are many advantages of getting an uncontested divorce, there are also some disadvantages as well. In general, if the marriage resulted in children, there was a complex situation regarding property or disputes about the property or if there is a potential for a considerable disagreement, an uncontested divorce may not be the option for you.

Although an uncontested divorce is relatively simplistic and can save the former spouses a good deal of money, it may not be the right route to go if the two parties cannot satisfactorily agree to a variety of terms. Terms like property distribution, child custody and spousal support are often complex and emotional.

The Reality of Marriage and Divorce in Queens, NY

When couples are walking down the aisle in Queens, NY, the possibility of separation never comes into mind. The expectation is that they will live happily after until death separates them.

However, time moves and circumstances change. Several years later, the same couple may find their marriage unsustainable and consider a divorce. Are you in that situation? Your case is not isolated. On average, there were 2.7 divorces per 1000 residents in New York between 1990 and 2015.

Divorce is an emotionally-trying moment; a tough decision to make and a heavy step to take. Nevertheless, it is sometimes necessary, especially if efforts to save the marriage have not borne fruits.

To lessen the emotional burden on the divorcing couple, the actual divorce process, from filing for a divorce to the time of issuance of the judgment of divorce, needs to be as fast, facile, and seamless as possible. That can be achieved by ironing out any disagreements between the parties before filing a divorce. That brings us to uncontested divorce.

Uncontested Divorce Process in Queens, NY

Uncontested divorce is for couples who have already agreed on divorce issues that usually are resolved by the court. These issues include:

• Reasons for the divorce
• The agreement to divorce
• The divisions of debts and assets
• Child custody
• The amount of child and spousal support

The actual divorce does not start until one party files for the divorce. Since all the necessary issues have been resolved, the defendant either ignores court summons or agrees to the divorce.

The process is concluded when the divorce is approved and the judge signs a judgment of divorce. Simple as it sounds, the process involves a plethora of fine details, negotiations, and paperwork. This is why you need the help of Queens uncontested divorce lawyers when filing for the divorce.

Advantages of Uncontested Divorce

The divorce process is expedited

In contested divorces, a lot of time is consumed by courtroom battles. This is because divorce cases involve several weighty issues that must be resolved.

According to a recent survey, divorce cases that go to trial take around 18 months to resolve. On the contrary, for couples who resolved their issues out of court, it took around nine months, from the time of filing for the divorce to the time of issuance of the judgment of divorce, to settle the case. If you want a speedy resolution of your divorce, you should opt for uncontested divorce.

It is inexpensive

Uncontested divorce considerably reduces the time the divorce process takes. Also, compared to contested divorces, there is less work involved. This means less attorney fees, document processing fees, and other hidden expenses such as the cost of attending court sessions.

More Favorable Outcomes in Uncontested Cases

You are more likes to get outcomes that you agree with if your divorce is uncontested. This kind of divorce creates a conflict-free environment, which is conducive for negotiations.

Nobody understands your situation and needs better than yourselves; when the divorce settlement comes from you, it’s likely to be favorable for both parties. If the divorce goes to trial, the judge will make a determination based on the law and how the attorneys at Spodek Law Group argue out the case, and you’ll have no choice but to accept the outcome.

More privacy

Long and fierce debate battles are more likely to attract the attention of the public and the media. In contrast, when the divorce is peaceful and seamless, there are few newsworthy incidents.

Further, the fact that uncontested divorces are speedy reduces the window available for information to leak to the public. Uncontested divorce, therefore, gives the divorcing couple some degree of privacy.

Uncontested divorce lawyers in Queens, NY

Even though uncontested divorce is a simple process, you need a qualified divorce lawyer by your side to protect your interests and help you prepare the necessary legal documents. Such a lawyer understands divorce laws and will not cede your interests merely because they want to avoid a courtroom battle.

If you are considering filing for a divorce in Queens, enlist the services of divorce lawyers from Spodek Law Group. This is a renowned law firm with over 50 years of experience in family law. Once you bring a case to us, we first go through it to identify the best possible outcomes. We then make these outcomes our targets and start working towards them. We are available for free consultation 24/7.

How to Get an Uncontested Divorce in New York

When a couple in New York decides they want to divorce, they have two options. They can have a contested or uncontested divorce.

When a couple does not agree on issues involving their separation; and require a judge or jury to decide on these issues at a trial, this is a contested divorce. Should the couple agree on all issues involving the dissolution of their marriage, there will be no need for a judge or jury trial to decide them. This is called an uncontested divorce.

No-Fault

New York divorce laws were changed in 2010 to permit a no-fault option for divorce. This requires there be an irretrievable breakdown of a marriage for at least half a year before a couple can file for an uncontested divorce.

It is a legal statement by the couple that they do not want to be married anymore, and both believe they won’t ever become a married couple again.

Failure to Appear

One way for a couple in New York to be awarded an uncontested divorce is if one spouse properly files and serves the divorce paperwork to the other spouse. The other spouse receives the paperwork and fails to properly respond.

The other spouse will have 40 days from the day they received the paperwork to submit a response. When this doesn’t happen, the spouse filing the paperwork can ask a court to affirm their divorce request. This is done often as a judge will assume the absent spouse agrees with the terms set forth in the paperwork received by the court.

Key Issues to Resolve in Uncontested Divorce

A couple in New York will be able to file for an uncontested divorce if they can come to an agreement on certain issues. They must agree to:

• the divorce
• the payment of spousal support as well as amounts and who will be responsible
• The grounds for divorce as well as the amount of child support if children are involved

A couple needs to decide parenting time for each parent as well as the custody arraignment for each spouse. They also need to determine how marital assets, as well as debts, will be divided.

Residency Requirements

When a couple living in New York wants to file for any type of divorce, they will need to meet certain legal residency requirements. One of the spouses must have been residing in New York for a minimum of two continuous years.

This requirement must be met before filing for the divorce. Both spouses must have resided in New York for a minimum of twelve continuous months prior to filing for a divorce. The couple must have gotten married in New York, or the grounds for divorce occurred while they were residing in New York, and they lived in New York as a married couple.

Process

When couples want an uncontested divorce in New York, the first step is to prepare a Verified Complaint or Summons with Notice. Two copies of this must be taken to the County Clerk’s office, and the couple will purchase an index number.

Then a spouse will have to sign the Affidavit of Defendant. This must be completed and given back to the spouse who filed the paperwork. When this completed form is submitted, the couple’s divorce case will be placed on a court’s calendar.

This will require completing additional forms. If children are involved, an addendum form will need to be completed. A Certificate of Dissolution of Marriage must be completed as well as a Child Support Summary Form; if necessary.

Once all of these documents are completed, they can then be taken to the County Clerk’s Office where a filing fee must be paid. When there are no disputes over issues, it’s possible for a couple to file for an uncontested divorce without lawyers. Once the divorce is granted, there are forms that must be completed to obtain a final divorce decree from a New York court judge.

Benefits of Uncontested Divorce Process

There are many benefits couples experience when getting an uncontested divorce. Because the couple has agreed on all the major issues, there will be no need to let a judge or jury determine what will happen.

With not going to court, a couple can maintain their privacy and not have things they want to keep private on record. The process is much quicker and easier than a contested divorce.

When a couple wants to get an uncontested divorce, there is no requirement for them to talk it over with an attorney, but they may benefit from doing this. An experienced legal professional can tell a couple what to expect during the process and review all the paperwork they intend to provide the court. It is a good way to avoid experiencing mistakes that could be time-consuming as well as expensive.

Child Custody Considerations in New York

The custody situation is not so cut and dry anymore. Years ago, the court system used to feel as though a child’s place was with his or her mother as long as the mother was not abusing the child.

Nowadays, judges consider the male parents much more heavily. Both parents must have proper representation in court battles because nothing is certain anymore. Judges will consider the following factors in a custody hearing:

Financial Stability

Financial stability is something that the judges will explore before they make custody decisions. They want to ensure that the custodial parent has enough funds to pay for the child’s education, clothing, meals and other needs.

However, the parent who has more money will not automatically win custody in a just court. The judge may feel as though it is in the child’s best interest to leave the child with the parent who has the least amount of money and have the other parent pay child support. This part of the process is quite sensitive and will require both parties to submit financial documentation.

Criminal Records Impact on Custody

The criminal records of both parents are something that the judge will consider before he or she makes a final decision about custody. The court will want to review the arrest records to ensure that neither of the parents has domestic violence issues, drug charges or something else.

The judge will consider the nature of the crimes, the disposition and the amount of time that has passed since the crime occurred. The intention is to place the child in the safest environment while not stepping on anyone’s toes who may have been reformed since the crime occurred.

Emotional and Physical Health

Another determining factor in a custody case is the health of the both parents. The court will review the physical and emotional state of both parties to ensure that the child can receive adequate care in his main home.

For example, a parent who is confined to a wheelchair may be limited in the amount of care that he or she can give the child. However, that person will have the opportunity to produce medical records and proof of successful efforts before the court makes a final decision. The court will consider conditions that specialists place under the “mental health” umbrella, as well.

Cooperativeness

Cooperativeness plays a huge part in the judge’s decision. Both parents are supposed to try to foster a loving relationship with the other parent.

That does not always happen, however, because of some lingering pain and resentment that the parents sometimes have because of the divorce. The judge will side with the parent who cooperates the most and tries to involve the other parent in the child’s life. Parents should never try to interfere with visitation no matter how much they feel their actions are justified. Such acts will destroy the credibility of the parent who performs them.

The Testimony of the Child

In some states, the court considers the child’s testimony. They usually do not allow the testimony of children who are younger than 14 years old, but some rare cases may allow it.

It is important to hear how the child feels but not to give it too much weight because fights can be very nasty between parents. Manipulation can occur, and the child may just repeat what one of the parents impressed upon his or her mind. This category is a tricky one.

Divorcing parents should contact a reliable divorce attorney in NY and request representation today. The lawyers at Spodek Law Group will try his or her best to paint the client in a favorable light.

Understanding Uncontested Divorce Fundamentals

Divorces are quite common in the United States. In any given year, thousands of couples will choose to walk away from their existing marriage. A marriage that is no longer working can be unworkable due to many issues.

In many cases the partners have simply grown apart. In other instances, the person may have found someone else they wish to marry as soon as possible. A divorce is legally binding agreement that can be upheld in court.

In order to get a divorce, the parties to the marriage must agree to go through the divorce procedures. Only then can the marriage contract be considered no longer in effect.

The Uncontested Divorce

A divorce can be what is known as a contested divorce or an uncontested divorce. If the parties are not in agreement about what they want from the legal process, this is known as a contested divorce.

On the other hand, if both parties can agree to an easy, simple uncoupling process, this is a form of divorce known as the uncontested divorce. That means that neither party to the marriage has any kind of issues they wish the court to address on their behalf. This kind of divorce has many benefits for both parties and a handful of drawbacks.

This kind of procedure is typically a lot easier than other forms of divorce. It’s also likely to take up a lot time and cost less for both parties. That is why so many people find it a useful procedure to undergo once they begin thinking about divorce.

If you are someone who might fall into this category, it’s a good idea to know why this might work for you. It’s also a good idea to understand how you can qualify for the uncontested divorce in the courts system in your state.

Your Eligibility for Uncontested Divorce

While the uncontested divorce has a great many advantages, it’s good to bear in mind that not everyone can qualify for this kind of legal sanction. The fundamental point is simple. You need to have no disagreements about any form of your plans after the divorce is completed.

That includes all the details. If you have only been married for a short time such a few months, you might have few assets that must be divided up in the event of a separation. The same is true of many long standing marriages where the partners have simply lived together.

If you have issues such as child custody arrangements, these can be hard to work out before you get to the courts. The same is true of complicated assets. One party may have a pension that includes survivorship rights. A divorce can impact the other party’s ability to retire.

One party may also have lots of property that cannot be divided easily, especially in a down market. In that case, the parties are not eligible for this kind of divorce. They will have to seek a much more complicated process in order to get the marriage dissolved.

The Benefits

One of the reasons why so many parties choose to seek this form of divorce is because it is so much easier than a standard divorce. An uncontested divorce typically involves a much shorter time.

That means that both parties can move on. They can get married to someone else without waiting for months or even years for the divorce to finally go through legally. This kind of divorce also allows people to save money on legal fees. A contested divorce may require one party to hire someone to prove their claims such as the fact that they are more fit to assume primary custody of the children.

Keep in mind that divorce proceedings, like other legal matters, are entirely open to the public. People may not want to reveal exactly how much they have earned to the rest of the world. They might not wish to reveal other personal information in a binding forum.

The use of the uncontested divorce allows for both parties to continue to shield the most important details of their lives from the prying eyes of the public. That is a measure of privacy well worth it in many cases.

Some Disadvantages

While this kind of procedure is one that can offer many important benefits, it does have some drawbacks both parties should know about. In many cases, complicated issues need a lot of scrutiny and legal help.

The courts can help both parties figure out what is legally required when it comes to issues such as spousal support and caring for kids. One party may have lots of legal issues that cannot be worked out without intervention. In that case, it might make sense to think about a different form of divorce instead.