Uncontested Divorce Attorney in Westchester County
A Calmer Path To Ending Your Marriage—Call Riebling & Payton, PLLC
If you and your spouse agree that the marriage should end and want to avoid a drawn-out court battle, an uncontested divorce can provide a more private and efficient path. Even when both of you are cooperative, you still face important decisions about money, parenting, and your future.
At Riebling & Payton, PLLC, we help clients choose and navigate uncontested divorce in a way that protects their rights and keeps conflict as low as possible. Our attorneys have nearly 50 years of combined legal experience, and we maintain offices in Mount Kisco and White Plains, so it is easier to meet in person when needed.
We know that this is a major life change, not just a legal case. Our role is to guide you through each step, explain your options in plain language, and work with you to complete the process as smoothly as your situation allows.
Ready to move forward with an amicable split? Contact an uncontested divorce attorney in Westchester County at Riebling & Payton, PLLC today. We are available 24/7 and offer free consultations to help you finalize your case. Call us at (914) 712-6878 or reach out online.
Understanding Uncontested Divorce Laws in New York
An uncontested divorce occurs when both spouses agree on the grounds for the divorce and every single collateral issue, including property division, debt allocation, and—most importantly—matters involving children. Since 2010, New York has been a "no-fault" state, allowing couples to file based on the "irretrievable breakdown of the relationship for a period of at least six months." This is the primary ground used in modern filings, as it removes the need to prove "fault" such as adultery or abandonment.
Furthermore, the 2026 Matrimonial Rules have introduced revised "Short Form Financial Statements" for couples with limited assets, aimed at speeding up the review process in the Supreme Court. A Westchester County uncontested divorce lawyer is vital to ensure your agreement complies with these new forms, as using outdated templates can lead to your papers being rejected by the clerk’s office.
Is Uncontested Divorce Right For You?
Many people come to us asking whether an uncontested divorce is truly safe and appropriate for their family. In New York, an uncontested divorce generally means both spouses agree that the marriage should end, and they also agree on all the major terms, such as parenting time, support, and division of property and debts.
Some signs that an uncontested divorce may be appropriate include:
- Both spouses agree that the marriage is over and want to avoid a courtroom fight.
- There is general agreement about parenting schedules and important decisions for children.
- Each person is prepared to share honest information about income, assets, and debts.
- There is no ongoing domestic violence or serious fear of retaliation.
- Both spouses are willing to compromise to reach a written agreement.
There are situations where an uncontested divorce may not be the best fit. If one person is hiding assets, refusing to provide information, or pressuring the other into unfair terms, it can be risky to move forward as if the case is cooperative. Complex business ownership, high conflict over parenting, or serious safety concerns can also point toward a different approach.
Our divorce attorneys review your circumstances carefully and give candid feedback about whether an uncontested path makes sense. We work to help you choose a process that lines up with your goals, your safety, and your long-term financial stability.
Key Elements for a Successful Uncontested Filing
To obtain a Judgment of Divorce without a trial, the court must be satisfied that all statutory requirements have been met. Even when you agree, the judge must review the following:
- Residency Requirements: Under DRL § 230, you must meet specific residency thresholds. Usually, this means one spouse has lived in New York for at least two continuous years, or one year if the marriage occurred in the state or you lived here as a married couple.
- Settlement Agreement (The "Stipulation"): This is the heart of your case. It must be a written contract, signed by both parties and acknowledged before a notary, detailing the equitable distribution of all marital property.
- Financial Disclosure: New York law requires a full exchange of financial information, including the newly revised 2026 Net Worth Statements. Even in an uncontested matter, you cannot waive the requirement to provide an honest picture of your finances to the court.
- Removal of Barriers to Remarriage: If the marriage was performed in a religious ceremony, the Plaintiff must file a sworn statement that they have taken all steps to remove any religious barriers to the other spouse's remarriage.
How We Guide The Uncontested Process in Westchester County
We typically start with a detailed consultation, either in our Mount Kisco or White Plains office, or by phone or video if that is easier. During this meeting, we listen to your goals, gather background information, and identify the main issues that must be resolved. We also discuss how uncontested divorce works under New York law and what filing in this county generally involves.
After that first meeting, we help you organize the information needed to move forward. This usually includes financial documents, any existing agreements between you and your spouse, and schedules or concerns related to your children. Our attorneys then work with you to shape proposed terms that reflect your priorities and are consistent with New York requirements.
When you and your spouse are ready, we prepare the necessary paperwork for an uncontested divorce and guide you through reviewing it carefully before anything is signed or filed. Our familiarity with Supreme Court procedures in this area helps us avoid common filing mistakes that can cause delays. Courts control their own timelines, but having accurate and complete documents typically helps the process move more smoothly.
A typical uncontested divorce process with our firm may involve:
- Initial consultation to review your situation and options.
- Gathering financial and parenting information and clarifying your goals.
- Developing and refining proposed terms for agreement with your spouse.
- Preparing and reviewing the required New York divorce documents.
- Filing the paperwork with the appropriate Supreme Court and monitoring for updates.
- Finalizing the judgment of divorce once the court has completed its review.
Practical Steps To Prepare For Divorce
Good preparation can make an uncontested divorce more efficient and less stressful. Even before you meet with an attorney, there are practical steps you can take to put yourself in a better position.
First, gather basic financial information. This usually includes recent pay stubs, tax returns, bank and retirement account statements, mortgage or lease documents, and information about loans or credit card balances. Having this material ready helps us understand the financial picture and prepare documents that comply with New York disclosure requirements.
If you have children, it can be helpful to think through a realistic parenting schedule that fits their needs as well as each parent’s work and other commitments. Consider school routines, extracurricular activities, holidays, and transportation. You do not need to solve everything in advance, but having ideas can make negotiations more focused.
It is also wise to think about how you want to approach conversations with your spouse. Many people find it easier to keep discussions calm when they focus on shared goals, such as stability for children or staying out of court, rather than past grievances. We can help you prepare for talks that keep the process on track.
Finally, try to write down your questions in advance of your meeting with us. This small step often makes the consultation more productive and ensures that your main worries, such as cost or timing, are addressed.
Why Choose Our Westchester Divorce Firm
At Riebling & Payton, PLLC, you work directly with attorneys Stephen Riebling and Marcia Payton. Together, they bring nearly 50 years of combined legal experience to each matter. That depth allows us to spot potential problems in agreements that might not be obvious at first, such as unclear parenting provisions or incomplete treatment of retirement accounts.
Our background includes significant courtroom and litigation experience, including work as a former Manhattan prosecutor. While uncontested divorce is meant to stay out of active courtroom conflict, the same attention to detail and knowledge of how judges view agreements can be helpful in drafting documents that are clear and enforceable.
Accessibility also matters. With offices in Mount Kisco and White Plains, we are well-positioned for clients throughout this county who may be juggling work, school schedules, and childcare. We schedule meetings in ways that respect your time and aim to keep your visits focused and productive.
Talk With Our Divorce Attorneys in Westchester County
Uncontested divorce can offer a more respectful and efficient way to end a marriage, especially when you have experienced guidance. Our uncontested divorce attorneys work to protect your rights, keep you informed, and move you through the process with as little added stress as possible.
With nearly 50 years of combined experience, direct access to attorneys Stephen Riebling and Marcia Payton, and offices in Mount Kisco and White Plains, we are prepared to help clients throughout this county consider and complete an uncontested divorce. Your first step is simply a conversation about your situation and goals.
To schedule a consultation with our uncontested divorce attorneys in Westchester County, call (914) 712-6878 or reach out online now.
What Sets Us Apart
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Award-Winning & Peer Recognized
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Experience, Insight, and Results over a Combined 5 Decades of Practice
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Former NYC Narcotics Prosecutor
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After Hours Appointments with 24/7 Availability
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Free Initial Consultations
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Westchester's Foremost Criminal Defense Trial Attorney