Uncontested vs Contested Divorce in New York

New York offers two distinct paths to divorce: uncontested and contested. With no waiting period and streamlined processes, understanding the differences in cost, timeline, and complexity is critical to choosing the right approach for your situation. Learning about online versus traditional divorce options can help you make an informed decision.

Quick Comparison: Uncontested vs Contested Divorce in New York

What is an Uncontested Divorce in New York?

An uncontested divorce occurs when both spouses agree on all terms of the divorce, including property division, spousal maintenance (alimony), child custody, parenting time, and child support. New York introduced a new Joint Divorce option in 2025, allowing both spouses to file together using streamlined JD-series forms.

Uncontested divorces are ideal for couples with shorter marriages, minimal assets, no children, or those who can communicate effectively to reach agreements. The process typically requires no court appearances—the judge simply reviews the paperwork and signs the Judgment of Divorce if everything is in order.

What is a Contested Divorce in New York?

A contested divorce means the spouses disagree on one or more significant issues. Common areas of dispute include child custody and parenting schedules, division of marital property and debts, spousal maintenance amounts and duration, and child support calculations. Even a single unresolved issue makes a divorce contested.

New York's Presumptive ADR initiative refers most contested matrimonial cases to mediation early in the process (unless domestic violence or severe power imbalances are present). This encourages settlement without requiring it. If mediation fails, the case proceeds through discovery, possible trial, and a judge's decision.

Cost Comparison: Breaking Down the Numbers

Uncontested divorce costs: The minimum court filing fees total $335 ($210 index number fee + $125 Note of Issue fee). If you handle the divorce yourself (pro se), your total cost may be as low as $500-$1,000 including filing fees, notary, and service of process. With attorney assistance, total costs typically range from $1,500 to $5,500, with an average of $5,500.

Contested divorce costs: Attorney fees alone can range from $5,000 to $50,000 or more, depending on complexity and trial length. Hourly rates for experienced family law attorneys typically range from $200 to $800 per hour. Additional costs include expert witnesses (custody evaluators, property appraisers, forensic accountants), court fees for motions and hearings, and discovery expenses. The average contested divorce in New York costs $27,000, though high-conflict or high-asset cases can exceed $100,000.

If you cannot afford court filing fees, New York offers a fee waiver process based on financial hardship. Fee shifting provisions under DRL § 237 may allow a court to order one spouse to contribute to the other's attorney fees based on relative income and circumstances.

Timeline Comparison: How Long Does It Take?

Uncontested divorce timeline: New York has no waiting period for divorce, which is a significant advantage. Once you meet residency requirements and file your paperwork, an uncontested divorce can be finalized in as few as 6 weeks if all documents are completed correctly and the court's docket is current. More typically, the process takes 3 to 6 months from filing to final judgment. The timeline depends on how quickly spouses coordinate paperwork, notarization, and submission, and the specific county's processing speed.

Contested divorce timeline: Contested cases typically take 12 to 24 months or longer. The process includes filing and service (0-2 months), Preliminary Conference and financial disclosures (1-3 months), discovery and ADR/mediation (3-10 months), motion practice and trial preparation (2-6 months), and trial and final judgment (variable). New York's average divorce timeline of 9.5 months is below the national average of 11 months, partly due to the absence of a mandatory waiting period.

Paperwork and Process: What to Expect

Uncontested divorce paperwork: New York provides standardized UD-series forms for uncontested divorces and newer JD-series forms for Joint Divorce filings (effective 2025). Key forms include UD-1 or UD-1a (Summons), UD-2 (Verified Complaint), UD-6 (Affidavit of Plaintiff), UD-7 (Affidavit of Defendant), UD-8 worksheets (income, maintenance, child support), and UD-11 (Judgment of Divorce). You must also serve required notices with the Summons: Notice of Automatic Orders, Notice Concerning Continuation of Health Care Coverage, Notice of Guideline Maintenance, and (if minor children) Child Support Standards Chart. All forms and instructions are available free from the New York Courts website.

Contested divorce paperwork: Contested cases involve significantly more complex documentation. After filing the initial Summons and Complaint, you must file a Request for Judicial Intervention (RJI) ($95 fee) to have a judge assigned. You'll exchange Statements of Net Worth (official form), three years of tax returns, recent pay stubs, and documentation of assets, debts, income, and expenses. Discovery includes interrogatories, document demands, depositions, and subpoenas. Expert reports may be needed for business valuations, real estate appraisals, custody evaluations, or pension valuations. Motions for temporary orders (custody, support, maintenance, exclusive occupancy) require separate filings and appearances.

Service requirements: New York requires personal service of divorce papers within 120 days of filing, typically by a non-party adult. Unlike some states, you generally cannot serve by mail without court permission. Substituted service or service by publication requires a court order. Proof of service must be filed with the court using Form UD-3.

Which Path is Right for You?

Choose uncontested divorce if: You and your spouse can communicate civilly and reach agreements, you have relatively simple finances and minimal assets, you either have no children or can agree on custody and support, and you want to minimize cost and time. The new Joint Divorce process (2025) makes this even easier for cooperative couples.

Contested divorce may be necessary if: There is significant disagreement on custody, parenting time, or decision-making, one spouse is hiding assets or being financially deceptive, there are complex assets (businesses, real estate, retirement accounts, stock options), concerns about domestic violence or child safety exist, or one spouse refuses to negotiate in good faith.

Consider mediation or collaborative divorce: Many contested issues can be resolved through mediation or collaborative law before resorting to litigation. New York's Presumptive ADR program encourages this approach. Mediation costs are typically $200-$400 per hour (split between parties) and can save tens of thousands compared to trial. The New York Courts ADR page provides resources and court-approved mediator lists by Judicial District. Understanding the true costs of mediation versus litigation can help you choose the most cost-effective path.

Estimate Your New York Divorce Costs

Use our interactive calculator to estimate the potential costs of your New York divorce based on your specific circumstances:

Additional Resources

For more information about the divorce process in New York, visit these official resources:

• New York Courts - Divorce Forms and Instructions
• NY CourtHelp - Filing for Uncontested Divorce
• Maintenance and Child Support Calculators