Divorce is rarely easy, but not all divorces follow the same path. In New York, many couples choose an uncontested divorce as a way to end their marriage with less conflict, expense, and time in court. But one of the common questions from clients is: “How much is an uncontested divorce in New York?”
The answer depends on multiple factors. At Petroske Riezenman & Meyers, P.C., we are committed to providing client-centered representation for both contested and uncontested divorce cases. Our firm is exclusively focused on matrimonial and family law, which allows us to dedicate all of our experience and resources to this area.
What is an Uncontested Divorce in New York?
An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of the marriage. This includes property division, child custody, child support, spousal maintenance (alimony), and any other financial or family-related matters. Because there are no disputes for a judge to resolve, the process is faster, simpler, and less costly than contested divorce litigation.
Filing Fees and Court Costs in New York
Basic Court Costs
Every divorce in New York begins with court filing fees. As of 2025, filing for an uncontested divorce typically involves:
- Index Number Filing Fee: $210
- Note of Issue Fee: $30
- Request for Judicial Intervention (if needed): $95
- Additional Court Fees: May apply for motions or stipulations.
In total, the costs involved for state filing fees alone usually amount to around $335–$400. These are mandatory costs regardless of whether it is a no-fault divorce or whether you file divorce papers on your own without an attorney.
Other Possible Expenses
- Certified Copies of the Judgment: approximately $5-12 per copy, depending on the County and the number of pages
- Service of Papers: Fees vary depending on the process server used, generally $95-$150.
- Notary Fees: Nominal, but sometimes necessary for signed documents.
Attorney Fees for Uncontested Divorce Services
Flat-Fee vs. Hourly Representation
Attorney costs for uncontested divorces vary widely across New York. Some divorce lawyers may offer flat-fee packages for straightforward uncontested cases, while others bill hourly for divorce fees if additional negotiations or evaluations are required.
- Flat-Fee: Varies
- Hourly Billing: Varies
At Petroske Riezenman & Meyers, P.C., our local divorce lawyers evaluate your case individually and provide cost estimates upfront. This way, you know what to expect and can budget with confidence. We offer a range of hourly fees, from Paralegals and Associate Attorneys to the Managing Partner.
What Lawyer Fees Cover
Hiring an experienced divorce attorney for an uncontested case generally includes:
- Preparing a Statement of Net Worth.
- Drafting and reviewing the settlement agreement.
- Ensuring compliance with New York’s legal requirements.
- Preparing and filing all necessary paperwork.
- Addressing child support calculations under state guidelines.
- Drafting deeds or transfer documents if marital property is involved.
Factors That Influence the Uncontested Divorce Cost
Not all uncontested divorces cost the same. The following factors play a significant role in the overall legal fees:
Complexity of Assets and Debts
If a couple has a marital home, retirement accounts, business interests, or significant debts, then even an uncontested case requires analysis and detailed drafting to ensure all assets are divided correctly. Additional documentation and tax considerations may increase legal counsel time and cost.
Child Custody and Support Agreements
Agreements involving children must comply with strict New York statutes. Ensuring child support provisions comply with the Child Support Standards Act and that custody arrangements meet the child’s best interests requires precision. Attorneys usually spend more time drafting these sections, which can raise fees.
Spousal Maintenance
If spousal support (alimony) is part of the settlement, attorneys must calculate and structure the terms in accordance with New York’s maintenance guidelines. This can add to drafting time.
Need for Mediation or Negotiation
Even in an “uncontested” divorce, couples sometimes require mediation or negotiation to resolve lingering disagreements or fine tune the details. While far less expensive than contested litigation, mediation or negotiation costs add an additional expense to legal bills that couples should consider.
Cost-Effectiveness of Hiring a Divorce Attorney
It may seem counterintuitive, but retaining an experienced attorney for your uncontested divorce generally saves money in the long run. Here is why:
- Avoiding Mistakes: Incorrectly completed documents can cause delays or even dismissal of your case. Fixing errors later is more expensive.
- Enforceable Agreements: Properly drafted settlement agreements protect against future disputes. A poorly written agreement often leads to litigation down the road.
- Tax and Financial Considerations: Attorneys ensure property transfers, retirement distributions, and support payments are handled in a tax-efficient and legally compliant way.
- Peace of Mind: With legal guidance, you can be confident your divorce will be finalized smoothly without hidden costs later.
Our Approach to an Affordable Uncontested Divorce
Since 1992, our firm has focused exclusively on matrimonial and family law. With over 100 years of combined experience among our attorneys, we bring unmatched insight to every uncontested divorce we handle.
Why Clients Choose Us
- Exclusive Focus: We handle only family and matrimonial law, giving us deep expertise in the nuances of New York divorce statutes.
- Personalized Attention: With five support staff for seven attorneys, clients always have someone available to answer their questions.
- Proven Excellence: Our firm has earned Martindale-Hubbell’s AV Preeminent Rating, a 2025 Client Champion Gold award, a 10.0 Superb Avvo rating, and Super Lawyers recognition for the past ten years.
We Help Clients Save Money and Stress
Our attorneys carefully evaluate each case to streamline the uncontested divorce process. We draft enforceable agreements, minimize court appearances, and ensure that your divorce moves forward without unnecessary delays. By doing it right the first time, we protect you from the hidden costs of errors and disputes later.
Child Custody and Support in Uncontested Divorce
When children are involved, even an uncontested divorce requires additional attention to ensure their best interests are met.
Custody Agreements
Parents must agree on legal custody (decision-making authority) and physical custody (where the child resides). These agreements must be detailed and practical, avoiding vague language that could spark future conflict.
Child Support Calculations
New York uses a statutory formula to calculate child support, based on both parents’ income and the number of children. Even in uncontested divorces, courts review child support agreements to confirm compliance with the law. Attorneys ensure these agreements are correctly calculated and enforceable.
Property and Asset Division in an Uncontested Divorce
Equitable Distribution Standard
New York follows the principle of equitable distribution, meaning marital property is divided fairly, though not always equally. Couples must disclose all assets and debts, and then agree on how to divide them.
Types of Property Commonly Addressed
- Real estate (marital residence, vacation homes)
- Retirement accounts and pensions
- Business ownership interests
- Credit card and loan obligations
Even when both parties agree, attorneys must draft clear settlement language to ensure ownership transfers are legally binding and future disputes are avoided.
Frequently Asked Questions
Are uncontested divorces always faster?
Generally, yes, because there are no disputes to litigate. However, the timeline still depends on how quickly documents are prepared and how busy the court is.
Will the court review our settlement agreement?
Yes. Even in uncontested cases, the court ensures the agreement is fair and complies with New York law, particularly in cases involving children.
Can an uncontested divorce become contested?
Yes. If disputes arise before finalization, the case can shift to a contested divorce, increasing costs significantly.
Our NY Divorce Attorneys Can Protect Your Best Interests
Since 1992, clients across New York have trusted Petroske Riezenman & Meyers, P.C. for knowledgeable, personalized legal representation through life’s most difficult transitions. Recognized by Martindale-Hubbell, Super Lawyers, and Avvo, we are proud to deliver the highest level of professional excellence while keeping your best interests at the center of everything we do. To schedule your free consultation, call us at (631) 337-1977 or contact us online.
If you are contemplating an annulment, contact us to consult with an experienced matrimonial attorney who is well-versed in the nuances of New York State law to achieve your best outcome.