Uncontested Divorce in New York: No-Fault, Joint Filing and Default

Most New York divorces are uncontested: the spouses agree on everything, or one spouse never responds. New York handles them on paper. There's usually no trial and often no court appearance, but a judge still reviews the papers and must be satisfied before signing the judgment.

Which route fits your case?

The no-fault ground

Almost every uncontested divorce uses Domestic Relations Law § 170(7):

(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.

Your spouse doesn't have to agree that the marriage is over, and you don't have to have lived apart. But the same subdivision adds a condition: no judgment can be granted "unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce."

The court system's own instructions put it plainly: a no-fault divorce "is not automatic," whatever its popular name suggests.

Conversion grounds: six months, not one year

Two other grounds let spouses who are already living apart convert a separation into a divorce. Since February 17, 2026, for cases started on or after that date, the required period is six months:

• living apart for six months or more after a judgment of separation (§ 170(5)); or
• living separate and apart for six months or more under a written separation agreement, signed and acknowledged like a deed and filed with the county clerk (§ 170(6)).

Some court help pages still say one year. The statute was changed by Chapter 673 of the Laws of 2025.

Route 1: the Joint Divorce program

Since January 15, 2025, spouses anywhere in New York who agree on everything can file together, as "Spouse 1" and "Spouse 2," using the court system's Uncontested Joint Divorce forms. There's no summons and no service, because both spouses sign.

• It uses the no-fault ground only.
• You must use the court's approved forms, in the packet with or without children under 21.
• "At this time, if you have already commenced a divorce action by filing a Summons or Summons and Complaint, you cannot use the Joint Divorce Program."
• The fees are the same: $210 for the index number and $125 for the note of issue and request for judicial intervention. Only Spouse 1 can apply for a fee waiver.

See the forms page for the JD-1 booklet.

Route 2: the standard uncontested divorce

One spouse (the plaintiff) starts the case, and the other (the defendant) either signs papers agreeing to it or doesn't respond. The steps, from the court's Uncontested Divorce Instructions:

1. Buy an index number and file, in a county where either spouse or a minor child lives (CPLR 515), a Summons with Notice (UD-1), or a Summons (UD-1a) with a Verified Complaint (UD-2), with the county clerk. Filing starts the case. Include the Notice of Automatic Orders, the Notice of Guideline Maintenance and the Notice Concerning Continuation of Health Care Coverage.
2. Serve your spouse personally within 120 days of filing (CPLR 306-b). Someone 18 or over who isn't a party must hand-deliver the papers (CPLR 2103(a)); you can't serve them yourself. A divorce can't be granted on default without personal service or service the court has ordered (DRL § 232). Prove it with an Affirmation of Service (UD-3).
3. Your spouse's response. A spouse served in person in New York has 20 days to appear, or 30 days for other service (CPLR 320(a)). A spouse who agrees can sign the Affirmation of Defendant (UD-7), which also waives the waiting period below.
4. Wait 40 days if your spouse doesn't sign. "There is a 40-day waiting period from date of service to place the matter on the court's calendar. If the Defendant does not sign Form UD-7 to waive the 40 day period, you must wait the full 40 days."
5. Submit the rest of the packet: the Affirmation of Regularity (UD-5), your Sworn Affirmation (UD-6), the income, maintenance and child support worksheets (UD-8), the Note of Issue (UD-9), proposed Findings of Fact and Conclusions of Law (UD-10) and Judgment of Divorce (UD-11), and the Request for Judicial Intervention (UD-13), with the $125 fee.
6. The judge reviews the papers. If something is missing or wrong, the court sends them back for correction.
7. After the judge signs, the judgment is entered by the county clerk. Serve a copy with Notice of Entry (UD-14) on your spouse and file proof (UD-15).

If the marriage took place in a religious ceremony in New York, the plaintiff must also file a Sworn Statement of Removal of Barriers to Remarriage (UD-4) before the judgment (DRL § 253).

The free DIY program

For simpler cases, the court system's free online DIY Uncontested Divorce program prepares the papers. You can use it if both spouses are over 18, you have no children under 21, the marriage has been over for at least six months, and all property and debt issues are settled. "Commercial use is prohibited and no one may charge for using these programs."

Route 3: divorce on default

If your spouse is served and never responds, you can still get a divorce. Wait the 40 days, then submit the uncontested papers. But a default isn't automatic. Under DRL § 211, a judgment on default requires proof, given in writing or in person, and the court can't grant more than the papers ask for. Your Sworn Affirmation (UD-6) supplies the facts.

Move promptly. Under CPLR 3215(c), if a plaintiff doesn't seek a default judgment "within one year after the default," the court "shall dismiss the complaint as abandoned" unless there's sufficient cause.

If you can't find your spouse, ask the court for permission to serve another way. Publication requires a court order; in a divorce it can run in one English-language newspaper once a week for three weeks (CPLR 316).

Settlement agreements

Spouses who agree usually put the terms in a written stipulation of settlement or separation agreement. To be valid, it must be "in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded" (DRL § 236(B)(3)). That means signing in front of a notary in deed form; the newer rule letting ordinary affirmations replace notarized affidavits expressly doesn't apply to matrimonial agreements. Child support terms that differ from the guideline amount must state what the guideline amount would be and why the parents chose otherwise.

Where these sections live

• N.Y. Domestic Relations Law § 170 — Grounds for divorce
• N.Y. Domestic Relations Law § 211 — Proof required
• N.Y. Domestic Relations Law § 232 — Service and default
• CPLR 306-b — Time to serve
• CPLR 320 — Time to appear
• CPLR 3215 — Default judgment
• CPLR 316 — Service by publication
• NY Courts: uncontested divorce information and forms
• NY Courts: uncontested joint divorce