NEW YORK, NY – August 26, 2026 – Couples in Manhattan seeking to end their marriage efficiently and respectfully often turn to the uncontested divorce process, which offers a faster and less adversarial path when both spouses agree on the key terms of their separation. Manhattan uncontested divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/manhattan-uncontested-divorce-lawyer/) is providing guidance on how the process works, who qualifies, and what a valid settlement agreement must contain under New York law.

An uncontested divorce means there are no disagreements over financial or legal issues, including property division, spousal maintenance, child custody, and child support. According to Manhattan uncontested divorce attorney Richard Roman Shum, New York’s no-fault divorce law under DRL §170(7) allows couples to cite an irretrievable breakdown of the marriage lasting at least six months, provided one spouse states it under oath. This removes the need to prove marital wrongdoing, though the court cannot grant the divorce until the required economic, support, custody, and visitation issues are resolved.

Manhattan uncontested divorce attorney Richard Roman Shum notes that even when both spouses agree, the divorce still requires a legally binding settlement agreement that is complete, accurate, and ready for court review. “Many people don’t realize that agreement alone is not enough,” explains Shum. “The court needs a carefully drafted marital settlement agreement that addresses every material issue, and if a required provision is missing or a form is completed incorrectly, the court may reject the papers and add expense.”

To file in New York, at least one spouse must meet the state’s residency requirements under DRL §230, which include a two-year continuous residency, a one-year residency combined with certain connections to the state, or both spouses being New York residents when the grounds arose in the state. For a settlement-based uncontested divorce, both spouses must resolve every material issue before the final divorce package is submitted for court approval.

Shum explains that the settlement agreement must address the division of marital property and debt, spousal maintenance, child custody and parenting time, and child support that complies with the Child Support Standards Act under DRL §240. New York follows an equitable distribution standard under DRL §236(B), which means property is divided in a way the court considers fair rather than strictly equal. “Equitable does not mean equal,” Shum notes. “The agreement must clearly account for real estate, bank accounts, retirement accounts, and the allocation of all marital debt before the papers reach the court.”

The Manhattan uncontested divorce process follows a defined sequence handled through the New York Supreme Court, New York County. It begins with drafting and signing the marital settlement agreement, followed by preparing and filing the required court forms, serving the spouse and filing proof of service, and finally submitting the complete divorce package for judicial review. In most cases, no court appearance is required, and a judge reviews the package and signs the Judgment of Divorce if everything is in order.

Attorney Shum points out that timing depends largely on court volume and whether the papers are accepted on the first submission. Common issues that cause delay include incomplete or incorrectly completed court forms, child support terms that do not comply with the Child Support Standards Act, improper service of process under CPLR §308, and missing financial disclosure documents. “Avoidable paperwork errors are one of the most common reasons uncontested divorces take longer than expected,” he adds.

Regarding cost, an uncontested divorce involves at least $335 in filing fees under the New York State Unified Court System, which generally includes the $210 index number fee and a $125 fee to place an uncontested matrimonial case on the calendar in New York County. This does not include attorney fees, process server fees, or certified copies. Shum observes that attorney fees for uncontested cases are often lower than for contested matters because agreed-upon terms usually require less attorney time, though costs may increase when the settlement involves business interests, retirement accounts requiring a Qualified Domestic Relations Order, or multiple properties.

A valid prenuptial or postnuptial agreement can also affect the process. Shum explains that under DRL §236(B)(3), such agreements are generally enforceable when properly executed and can simplify the process by pre-determining how assets and support will be handled. However, terms regarding child support and custody cannot be predetermined by a marital agreement, and an improperly executed agreement may create new disputes.

While New York law permits individuals to complete an uncontested divorce without legal representation, Shum advises that working with an attorney is strongly recommended because a divorce can affect long-term rights involving property, debt, custody, support, and maintenance. The firm represents clients throughout Manhattan, including Lower Manhattan, Midtown, the Upper East Side, Harlem, and the Financial District, as well as Brooklyn, Queens, the Bronx, and Staten Island.

For couples considering an uncontested divorce in Manhattan, consulting an experienced matrimonial attorney may help ensure the settlement agreement is complete, the required forms are accurate, and the case moves toward a signed Judgment of Divorce without unnecessary delay.

About Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a Manhattan-based family law firm focused on helping New York City couples reach clean, enforceable divorce resolutions while minimizing conflict and expense. Led by attorney Richard Roman Shum, the firm serves clients throughout New York County, Kings County, and the surrounding boroughs from its office at 20 Clinton St FRNT 5D, New York, NY 10002. For consultations, call (646) 259-3416.

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Company Name: Law Office of Richard Roman Shum, Esq PLLC
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Phone: (646) 259-3416
Address:20 Clinton St FRNT
City: New York
State: New York 10002
Country: United States
Website: https://www.romanshum.com/