Uncontested divorce in New York (2026)

New York grants a no-fault divorce once the relationship has broken down irretrievably for at least six months, and the case is filed, confusingly, in the Supreme Court, which is New York's trial court. There is no formal post-filing waiting period, so on paper an uncontested New York divorce can move quickly. The catch is the paperwork.

New York's uncontested divorce packet is one of the most form-heavy in the country, and county clerks reject filings for small errors, which is where most delays come from. First you have to satisfy one of the state's residency tests, which usually means one spouse has lived here for a continuous period, often one to two years depending on where you married and lived. Then you open the case with a summons under an index number, get your spouse's signed waiver, attach your settlement agreement, and submit the findings and judgment for a judge to sign. New York divides property by equitable distribution, so your agreement should spell out who gets what.