FAQ
Common questions
What makes a divorce "uncontested"?+
Both spouses agree on the major issues (property, custody, parenting time, support) and neither plans to fight in court. If you agree, or can reach agreement, an uncontested divorce is almost always faster and cheaper than litigation.
Do we both need our own attorney?+
In an uncontested case, one attorney usually prepares the paperwork for the filing spouse, and the other spouse signs an acknowledgment. We recommend the non-filing spouse have their own attorney review the settlement agreement, and we can make that referral if you'd like.
How long does an uncontested divorce take?+
Typically 4 to 8 months from signed agreement to final judgment, depending on state and court backlog. We can usually prepare and file your paperwork within a few weeks of intake. The rest of the timeline is the court's.
Do we need to go to court?+
In almost all uncontested New York cases, no. New Jersey and Florida usually require a short final hearing, which is often held virtually.
What if I can't find my spouse to serve them?+
If your spouse can't be located, we first run a skip trace to find a current address (additional fee). If that doesn't turn one up, we file a motion for alternative (substitute) service, asking the court for permission to serve by publication, mail, email, or social media (additional fee). We always quote either cost up front before we proceed.
What if my spouse won't respond or sign?+
Once your spouse has been properly served and the time to answer passes with no response, we move the case forward with a motion for default judgment so your divorce can be finalized without their participation (additional fee). We confirm the cost before filing.
What if my spouse and I don't fully agree yet?+
We can mediate the open issues for a flat mediation fee, then convert the matter into an uncontested filing. If you still can't reach agreement, we can also handle a contested divorce — but that requires a separate retainer agreement and is billed hourly, since it is significantly more work. We'll do everything possible to keep your matter uncontested and save you money and stress, and we'll only recommend a contested case if there is genuinely no other path forward and no agreement is possible.
Is the flat fee really all I pay?+
Yes — your flat fee covers all of our attorney's fees for your uncontested divorce, from intake all the way through the final judgment. Two things sit outside that flat fee. First, the court filing fee is set by the court and paid directly to the court; it is the client's responsibility and is never part of our billing. Second, a small number of cases need optional court add-ons — such as a skip trace, a motion for alternative service, or a default motion — and we always tell you the cost up front and only bill one if your case actually needs it. In the rare event a matter becomes contested, we would execute a separate retainer for a contested divorce, which is billed hourly; that is uncommon, and we do everything possible to keep your case uncontested. For the overwhelming majority of clients, the flat fee really is all they pay us.