Staten Island Uncontested Joint Divorce Services

An Uncontested Joint Divorce in New York allows both spouses to file together—agreeing on all major issues (property division, child custody, support, and maintenance)—without one spouse acting solely as plaintiff. The process uses specialized joint divorce packet forms (varying with whether children under 21 are involved). To qualify, both spouses must:

• Certify that their marriage has broken down irretrievably for at least six months.
• Fulfill New York’s residency requirement.
• Agree in writing on all terms—reduced to a legally binding settlement included in the joint filing.

This streamlined process avoids the traditional one-sided filing and is typically faster, provided that all paperwork is properly prepared and submitted. Hiring a knowledgeable attorney for an uncontested joint divorce ensures accuracy throughout the process and helps prevent costly mistakes.

The main difference lies in whether both spouses agree on the terms of the divorce. In uncontested divorces, both parties:

• Agree on all issues such as property, custody, support, and alimony.
• Work together to file a petition uncontested, often with help from a joint uncontested divorce lawyer.
• Complete a joint simplified process using a divorce packet.

In contested divorces:

• One spouse disputes terms like custody or asset division.
• Court hearings are often required.
• A judge may issue a divorce order to finalize unresolved matters.

A contested case takes longer and costs more, while an uncontested joint petition divorce is quicker, simpler, and more cooperative.

No, in most uncontested divorces in New York, neither spouse is required to appear in court. Once the divorce packet is completed, including the joint divorce application and all supporting divorce papers, the documents are submitted to the court for review.

The judge will review the paperwork and issue a divorce order if everything is correct. This process is known as a simplified dissolution and avoids unnecessary delays.

Hiring a joint divorce attorney ensures that all documents are correctly prepared and submitted. If there are no errors or disputes, the entire process can be completed without any court appearance.

Yes—many counties permit e-filing of uncontested divorce matters (including joint filings) through NYSCEF, reducing or eliminating the need for courthouse visits. To e-file:

1. Create a NYSCEF account by registering and obtaining your User ID and Password.
2. Check if your county allows e-filing for your specific divorce type (e.g., via the NYSCEF “Authorized Case Types” list).
3. Prepare and sign all required forms—like summons, petition, joint divorce affidavit, child support forms (if children under 21), etc.
4. Submit required notices (e.g., “Notice Regarding Availability of Electronic Filing”) with your initial papers to initiate the case.
5. Pay necessary fees such as the Index Number fee and calendar placement fee, depending on the county.
6. Upload documents through NYSCEF, then monitor acceptance and next steps online.

Not every county accepts e-filing for such matters, and some require paper filings or blended procedures. A divorce attorney can review eligibility and guide you through the process smoothly.

In an uncontested joint divorce, child support is calculated using the New York Child Support Standards Act (CSSA). The amount is based on the combined parental income and the number of children.

Key steps include:

• Completing the CSSA worksheet found in the divorce packet.
• Agreeing on child custody arrangements.
• Including the amount in your divorce papers and joint divorce application.

If both parties agree to an amount different from the guidelines, they must explain why. This helps ensure the family’s needs are met and the judge can approve the divorce order.

A joint uncontested divorce lawyer ensures child support terms comply with state law and are clearly outlined in the final agreement.

Filing for divorce in New York requires paying court fees, including the index number fee and motion filing fees, which typically total around $335–$350. If you cannot afford these fees, you may apply for Poor Person’s Relief—also known as a fee waiver—by submitting a sworn Affidavit in Support of Application to Proceed as a Poor Person.

The court will evaluate your income, public benefits status (e.g., SSI, public assistance), and financial obligations. If approved, the court may waive all or some of the filing costs.

At Soren Law Group, we believe that no one should be denied a fair divorce due to financial hardship. That’s why we help eligible clients apply for fee waivers by preparing the required affidavits and submitting them — along with supporting documents — to the County Clerk’s Office. Our goal is to ensure your paperwork is complete and accurate, giving you the best chance of approval.