Uncontested Joint Divorce: The newly enacted divorce program for divorcing couples in New York State.
By: Frances DeThomas, Esq. and Julia Uriarte, J.D.
Since the enactment of “no-fault” divorce in New York State in 2010, our firm has represented clients who wish to obtain an uncontested divorce upon such grounds. This is an option for couples who wish to part ways on a “no-fault” basis. Essentially, either party would state under oath that there had been an “an irretrievable breakdown in their marital relationship for a period of at least six months”, rather than fault-based grounds such as abandonment or adultery. The uncontested, “no-fault” divorce typically involves both spouses retaining their own attorneys and attempting settlement of the related issues such as equitable distribution, and if applicable, child custody, child support and maintenance. If the parties and counsel are unsuccessful in negotiating an out of court settlement of the related issues as required to obtain an uncontested divorce, the parties would then proceed with traditional and adversarial litigation.
However, on January 31, 2025, the Chief Administrative Judge of the State of New York implemented a new “Uncontested Joint Divorce” program for couples who wish to forego the adversarial process utilizing separate attorneys and instead file joint divorce papers.
Similarly to a traditional uncontested divorce, the new Uncontested Joint Divorce program is also a divorce on “no-fault” grounds, based upon an irretrievable breakdown in their relationship for a period exceeding of six months or more. However, the new program is a divorce procedure where you and your spouse agree on what will happen after the divorce as to your finances, property, and custody (parenting time) and support of your children, if you have any, and you will file your papers together, instead of one spouse filing for a divorce against the other spouse.
If there is mutual agreement, opting for an Uncontested Joint Divorce can ease much of the hardships involved in the traditional divorce process, such as the significant financial burden and time spent in settlement negotiations, court appearances, etc. Additionally, the emotional toll of the divorce process may be lessened for both the couple themselves and their children by simplifying and expediting their divorce.
If you and your spouse are considering your options for divorce and are interested in pursuing the new Uncontested Joint Divorce program, a lawyer who knows New York’s divorce laws and represents your interests can give you legal advice that can help you to better understand your rights in a joint uncontested divorce.
Frances A. DeThomas, Esq., is the principal attorney at Tyre & DeThomas, P.C. in Rye, New York, where she has handled numerous matters in both Supreme and Family Court representing clients in all phases of matrimonial and family law. She is a former member of the Family Law Section of the Westchester County Bar Association, a former member of the Family Law Section of the New York State Bar Association and a former Co-Chair of the Matrimonial Committee of the Westchester Women’s Bar Association. She is a past President of the Rye YMCA and Rye Rotary Club. Frances is admitted to the New York Bar and the United States Supreme Court Bar. Her email is fdethomas@ryelaw.com. The firm website is www.ryelaw.com.
Julia Uriarte, J.D., is a 2024 graduate of Fordham University School of Law, awaiting admission to the New York State Bar. Julia is a full-time associate at Tyre & DeThomas, P.C., and currently assists firm counsel on a range of family law matters, including matrimonial and family law, wills trusts and estate planning and estate probate matters. Her email address is juriarte@ryelaw.com.
