What Are Requirements for Uncontested Divorce in NY?
Quick Answer: Must meet NY residency requirements (1-2 years), have legal grounds, both spouses agree on all terms including property, custody, and support.
Residency Requirements
Either: Both spouses NY residents for 2+ years, OR married in NY and either lived here 1+ year, OR grounds occurred in NY and either lived here 1+ year, OR plaintiff lived in NY 2+ years.
Agreement Requirements
Both must agree on: Property and debt division, child custody and visitation, child support amount, spousal maintenance if any, all divorce terms.
Legal Grounds
Most common: Irretrievable breakdown for 6+ months. Other grounds: Separation agreement, separation judgment, adultery, abandonment, imprisonment, cruel treatment.
What Disqualifies Uncontested
- Any disputed issues
- Spouse refuses to sign
- Cannot locate spouse initially
- Disagreement on custody or support