Six quick questions based on New York's actual filing rules. No email required to see your result — answers stay in your browser.
A divorce is uncontested when both spouses agree to end the marriage and agree on every related issue — how property and debts are divided, spousal support, and anything involving children. When you agree on all of it, no judge has to decide a dispute, so you can file the paperwork yourselves without a trial or, in most cases, any court appearance.
The most common path is a no-fault divorce. Under New York's Domestic Relations Law, the no-fault ground is simply that the marriage has been broken beyond repair for at least six months, and that all economic and child-related issues have been settled.
At least one spouse must have a strong enough connection to New York. The rules (DRL §230) can be met several ways — most often by one spouse living in New York continuously for two years before filing, or for one year if you also married here, lived here as a couple, or the reason for the divorce happened here.
For an uncontested case, the practical ground is no-fault: the marriage has been irretrievably broken for six months or more. You don't have to prove who was at fault.
This is the part that actually makes it "uncontested." You and your spouse need to agree on property, finances, and — importantly — any children. New York handles cases with minor children differently and with extra steps.
Cases involving children you share who are under 21 carry added requirements around custody, support, and health insurance. Our self-file packet is built for couples with no shared children under 21. If you have shared children under 21, an uncontested divorce may still be possible — it's just a different, more involved process than what this checker and our DIY packet cover.