An uncontested divorce or “no fault” divorce is a type of divorce where both spouses agree to end their marriage and agree on all related issues, including property, finances, and, if necessary, custody and child support. These divorces are typically pursued by couples who have already worked out their differences privately and are seeking a faster, simpler way to finalize their separation without extensive court involvement.
In an uncontested divorce, there is no disagreement between the spouses about:
- Grounds for divorce (In an uncontested divorce, the ground for divorce is Irretrievable Breakdown of the Relationship for a Period of More than 6 Months)
- Maintenance (also referred to as Spousal Support or Alimony)
- Division of Assets/Debts (also referred to as Equitable Distribution)
The Supreme Court is the only court in New York that has the authority to grant a divorce.
The process for uncontested divorces includes filing initial papers, personally serving the other spouse, submitting proof of service and preparing final documents before a judge signs the divorce judgment.