So you’re about to call it quits or already have. Sorry to hear that. While its never good news, the numbers provide some solace. According to the CDC,the divorce rate in New York was 2.4 per 1,000 people as of 2023 —-well, slightly a little higher with you included.
Anyways, divorce can feel overwhelming, but in New York, many couples are able to proceed through the process in an uncontested manner. Uncontested divorces are often the fastest, least expensive, and least stressful way to dissolve a marriage. They give you control over the outcome rather than leaving it in the hands of a judge. Below are 3 common scenarios based on whether children/property are involved.
1. Divorce Without Children or Property
This is often the simplest path. If you and your spouse have no children together and no shared property to divide, the process can move quickly. Typical tasks include:
Analyze your unique situation and provide a strategic plan.
Draft a general separation agreement to protect both parties.
Prepare and file all divorce papers with the court.
Ensure a legally binding judgment of divorce is issued.
Calculation of spousal support/alimony (if applicable)
Because there are no children or property involved, this type of uncontested divorce is usually the most straightforward and affordable.
2. Divorce With Children, But No Property
When children are involved, even if property isn’t, the focus shifts to custody, visitation, and child support. Expect the following considerations:
Calculate child support and handle add-ons such as education, child care, and insurance.
Custody Agreement;
Visitation Agreement,
Health Coverage Agreement;
Calculation of spousal support/alimony (if applicable)
Establish legally binding enforcement mechanisms to protect both parents and children.
File all uncontested divorce paperwork and finalize the judgment.
3. Divorce With Children and Property
This is the most detailed uncontested scenario. When both children and marital property are involved, careful attention to custody, support, and asset division is required. Common considerations/tasks include:
Separation Agreement covering
Child Support
Custody
Visitation Rights
Analyze and divide marital assets, debts, personal property, retirement accounts, and tax responsibilities.
Calculation of spousal support/alimony (if applicable)
Assign responsibility for ongoing obligations like debts and insurance.
Prepare and file all necessary paperwork with the court and obtain a judgment of divorce.
4. Court Fees
Cost of filing fees if petitioning in New York.
$210.00 Index Number
$150.00 Process Server
$95.00 Request for Judicial Intervention
$45.00 Motion or Order to Show Cause Fees
$30.00 Note of Issue
$35.00 Fee to File Stipulation of Settlement, or any Agreement
*This is an estimate of court fees and does not include legal fees that may be charged by your attorney.
5. The Dreaded Alimony
In New York, alimony (also known as spousal support) is not automatically mandated. Rather, it is established by the court based on certain factors, including:
Each party’s income and assets
The duration of the marriage
The parties’ age and health
Each party’s capacity to support themselves.
Let this be a warning. Marry a deadbeat and you’ll be carrying deadweight beyond divorce.
