Uncontested divorce · New York

Staying uncontested when there are children

Awards and recognition

  • Executive Committee, Family Law SectionBrooklyn Bar Association · 2016
  • MemberAmerican Immigration Lawyers Association
  • Attorney MemberBrooklyn Bar Association · 2021
  • 9.9, rated SuperbAvvo · 2026
  • ListedWho's Who Legal · 2021

Having children does not automatically make a divorce contested. It does mean there are more things you have to agree on, and the court looks harder at what you have agreed.

What has to be settled

Legal custody, meaning who makes decisions about school, medical care and religion. Physical custody and the actual parenting schedule, including holidays. Child support. Health insurance and unreimbursed medical costs. Often who claims the children on taxes.

All of it goes into the agreement in writing. Vague language is where problems start later, so the schedule is worth spelling out properly.

The court will not simply rubber-stamp it

A judge reviews arrangements for children against what is in the children's best interests, and that review is real even in an uncontested case.

Child support in particular follows New York's statutory formula. You can agree to a different number, but the agreement has to state the formula amount, state what you agreed instead, and give the reason. Skipping that is a common reason papers come back rejected.

This page is general information about how the process works in New York. It is not legal advice and it does not create an attorney-client relationship. Whether any of it applies to you depends on your situation, which is what a consultation is for.

Talk it through with someone

Every situation is different and this page is general information. Call and speak to the attorney handling your matter, in English, Español, or Русский.