The NYS court system announced on January 31, 2025, that the Uncontested Joint Divorce program, which began as a pilot project in only a handful of NY counties, is now available statewide.

The program is intended to streamline the divorce process, including by reducing the paperwork required to be submitted to the court in cases where couples (with or without children) agree on all aspects of their divorce and neither party has unilaterally initiated a divorce action against the other.  

Importantly, the basis for divorce must also be the irretrievable breakdown in the parties’ relationship for at least six (6) months (also known as a “no-fault” divorce).  Couples who choose to use this program will jointly sign and file the required paperwork and will petition the court together for a divorce.  

Participation in the Uncontested Joint Divorce program does not require that either spouse be represented by counsel.  However, couples would be well-advised to retain counsel for a variety of reasons, including to ensure that they each understand the relevant laws, rights, and obligations implicated by divorce, and to assist the couple in creating a written document to encompass the terms they have agreed upon (often referred to as a “separation agreement” or “stipulation of settlement”).  In addition, attorneys can help to complete the necessary forms for submission to the court.  Although the Uncontested Joint Divorce program is available to only a subset of divorcing couples in the state, as noted above, the hope is that it will make getting a divorce a little easier for them.

If you have questions about whether you qualify to participate in the new Uncontested Joint Divorce program or about divorce or family law in general, please click here reach out to the author Sarah Gersowitz or click here to connect with our Matrimonial and Family Law attorneys.