At Resolve WNY, we understand that divorce can be overwhelming, emotionally draining, time-consuming, and expensive, especially when children are involved. However, if you and your spouse are able to come to an agreement on all terms of your divorce, an uncontested divorce can save you significant time, money, and stress.

Resolve WNY offers affordable document support services for clients pursuing a no-fault, uncontested divorce in New York State. From start to finish, we provide personalized one-on-one assistance to transcribe information you provide on court-approved generated forms ensuring that it is properly filed.

Take advantage of our FREE consultation! Virtual and/or remote services are offered.

UNDERSTANDING AN UNCONTESTED DIVORCE: An uncontested divorce means that you and your spouse agree on all terms of the divorce, including issues such as custody, visitation, child support, spousal support, and property division. Because both parties are in agreement, there are no court hearings or disputes to resolve. In most cases, an uncontested divorce is completed entirely on paper and neither spouse is required to appear in court. Typical timeframes range from 6 to 12 weeks depending on how quickly documents are signed and returned, and how busy the court is at the time of filing.

REQUIREMENTS FOR FILING IN NEW YORK: To qualify for an uncontested divorce in New York State, two conditions must be met:

(1) Residency: At least one spouse must meet New York’s residency requirements under Domestic Relations Law §230. (Examples: living in New York for the past two years, or one year if the marriage/cause for divorce occurred here).
(2) Grounds: The most common is “irretrievable breakdown of the marriage” for at least six months, also called no-fault or uncontested divorce.

Additional requirements: (1) a valid Social Security Number must be provided for both spouses and any children, and (2) you must provide your spouse’s physical address (not a P.O. Box).

SERVING DIVORCE PAPERS: Once the Summons with Notice is filed, you have 120 days to serve your spouse. If your spouse agrees and signs documents before a notary, the process is straightforward. If your spouse refuses to sign, they must be personally served with papers by a process server, sheriff, or qualified adult. After service, if they fail to respond after a certain amount of time, the case proceeds as uncontested by default. An Affidavit of Service must then be filed with the court to prove proper service. If the document must be served, the client bears the cost, which is $50.

DIVORCE WITH OR WITHOUT CHILDREN: No Children under 21: Flat rate document preparation starting at $865 (plus court filing fees of $335). With Children under 21: Flat rate document preparation starting at $965 (plus court filing fees of $335).

Both options require that (1) your spouse agrees and signs before a notary or you follow proper service procedures and (2) you have no contested property or support disputes. If property or special agreements are involved, additional documentation such as a Stipulation of Settlement may be required.

CHILD SUPPORT & CUSTODY: Child support is mandatory in all divorces involving children under 21. New York law requires a Child Support Worksheet to be completed and submitted, even if you and your spouse agree on a different support amount. If you and your spouse reach a private agreement that differs from the standard calculation, it must be documented in a Stipulation of Settlement signed before a notary. Existing custody, visitation, or support orders must be provided and referenced in your divorce paperwork.

PROPERTY & SPOUSAL SUPPORT: If you and your spouse own marital property (home, vehicles, bank accounts, etc.) or agree on spousal support, these terms must also be recorded in a Stipulation of Settlement. Spousal support (maintenance) is not mandatory in an uncontested divorce. It only applies if you and your spouse agree to include it.

ADDITIONAL DOCUMENTATION: Depending on your case, additional documents may be required such as (1) a Stipulation of Settlement outlining property, custody, or financial agreements, (2) an Affidavit, which is a sworn statement required by the court in certain situations, and/or (3) an Addendum to add missing or updated information to an agreement.

COURT FILING FEES / SERVICE OF PROCESS: Court fees are set by New York State and are separate from Resolve WNY’s document preparation fee:

$210 – Index Number (to begin the case)
$125 – Note of Issue/Request for Judicial Intervention
$50 – Service of Process (if necessary)

TIMELINE & COMPLETION: Once all documents are prepared, signed, and filed, the court will review your case. When finalized, the Judgment of Divorce (Divorce Decree) is signed by a judge and uploaded to the court’s electronic filing system. You will receive an email notification and may download/print your decree at any time.

IMPORTANT LIMITATIONS: Resolve WNY only assists with providing clerical services to transcribe information you provide on court-approved generated forms for an uncontested divorces. If your spouse contests any terms, you are encouraged to hire an attorney. We cannot represent you in court or communicate with your spouse’s attorney on your behalf. Our role is strictly to transcribe, organize, and file documents accurately and efficiently.

WHY CHOOSE RESOLVE WNY
(1) Flat-rate, affordable services saving you thousands compared to hiring an attorney.
(2) Step-by-step guidance through every requirement.
(3) All filings handled electronically for speed and convenience.
(4) No office visits required after an initial consultation (alternative accommodations can be made for virtual consultations so no in-person meeting is required). Everything can be processed online or by mail.
(5) Professional and accurate clerical document support.

Resolve WNY is not a law firm and does not provide legal advice or representation. All services are limited to non-legal support, coaching, documentation, and mediation assistance for educational purposes. Resolve WNY is not a clinical practice and does not provide therapeutic services. We recommend consulting attorneys, therapists, or financial professionals for advice in those areas.