NY Separation & Settlement Agreement Requirements

Asked over 2 years ago - Staten Island, NY

In New York State, is a written Separation & Settlement Agreement required when filing for an uncontested divorce? We've been married for 5 and a half years and there are no children, no property, no joint credit/debit/accounts/debts/loans, no health insurance, no pension, no joint anything, and neither party wants spousal support? We are both aware of our rights and just wish to self-file for the divorce and move on with our lives as quickly and as amicably as possible. Thank you.

Attorney answers (3)

  1. Jody N. Gerber

    Contributor Level 8


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . A settlement agreement is not required, however be sure that there are no open issues which may arise in the future. A short agreement may be prudent wherein each party waives anything form the other in writing.

  2. Michael David Siegel


    Contributor Level 15

    Answered . No. There is a form of decree that you can get from the court clerk if you are doing this yourself. You just retype it for your case.

  3. Elazar Aryeh

    Contributor Level 12

    Answered . New York "no fault" statute will allow either one of you to file for divorce. In this case since it seems you and your spouse both want a divorce and there are no issues between you two, go to court and request an uncontested divorce package and fill it out. Once done correctly, file with court.

    For this or any other questions, please contact us at elaw@elazararyehpc.com or 718-261-0210.

    The author of this posting is licensed to practice law in the State of New York. This posting is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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