Taking on uncontested divorce matters is a staple of our pro bono practice in New York. Over the course of our work, one thing has become abundantly clear: there is no principled reason why New York’s system for obtaining an uncontested divorce must be so complicated and time-consuming.

A Large Percentage of Divorce Proceedings Go Uncontested

For the vast majority of couples seeking divorce, both spouses agree on all major issues (e.g., custody, child and spousal support, and other financial matters). According to the New York State Court Administration’s 2025 Annual Report, there were 37,536 uncontested matrimonial cases filed last year. That number represents 17.5 percent of all civil filings in the State Supreme Court, compared with just 4.5 percent for contested matrimonial cases. 

New York was one of the last states to adopt no-fault divorce in 2010. Until then, parties were required to provide “grounds” such as cruelty, abandonment, or adultery to obtain a divorce. Although no-fault divorce is now available, requiring only an “irretrievable breakdown” of the marriage for at least six months – thereby making a divorce easier to obtain – much of the procedural complexity unfortunately remains intact.  

New York’s Cumbersome Process

Uncontested divorce is meant to be the simplest path to dissolve a marriage. Yet parties must still complete a lengthy set of paperwork, with a submission involving at least 17 separate forms and a host of supplemental forms depending on the particular case. Once the forms are completed, they must be served and filed for review before a State Supreme Court Judge. (In New York State, the Family Court does not have jurisdiction to hear divorce cases, often requiring people with contested matters to bring parallel proceedings.) Litigants are frequently required to provide the same information across multiple forms, each with slightly different formatting or phrasing. Despite being an “uncontested” process, it generally takes several months from filing to judgment. Minor technical errors or inconsistencies can result in the court rejecting the papers, thereby adding to the delay.

Although New York offers electronic filing through the New York State Courts Electronic Filing (NYSCEF) system, its availability is not uniform across the state. This uneven implementation creates unnecessary barriers and delays for unrepresented litigants and undermines the efficiency that e-filing is intended to deliver.

Do It Yourself Forms

The DIY Form Program is a digital tool that simplifies the divorce process for low-income couples who meet certain criteria. To qualify, spouses must be separated for at least six months, have no children under 21, have resolved all marital property issues, and be without legal counsel. Those who do not qualify must use the paper uncontested divorce forms. The DIY Form Program is conducted through LawHelp Interactive, a free software platform that guides users through a series of questions in English. Spanish is the only option for language translation of the LawHelp Interactive questions. At the end of the process, users receive completed forms to file with the court along with filing instructions. Users must then file the completed forms in person with the court. While the software is free to use, users may still have to pay standard court filing fees unless they qualify for a fee waiver.

No Right to Counsel

As a general rule, according to the New York Court of Appeals, indigent individuals do not have the right to appointed counsel in divorce proceedings. For those who cannot afford a lawyer, some are lucky enough to find help through non-profit organizations like Her Justice, which matches clients with pro bono lawyers. Most people, however, proceed without counsel or simply avoid divorce altogether. That is especially disconcerting given the valuable social purpose divorce can serve. When states adopted no-fault divorce laws, according to one report, domestic violence rates fell by 30 percent, female suicide declined by up to 16 percent, and intimate partner homicide of women decreased by 10 percent.

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It is time for New York to take certain basic steps to make uncontested divorce more accessible. Although the DIY Form Program is an important first step, New York can implement several changes to better support residents navigating this challenging legal process. Some states not only allow no-fault divorce, but also do not impose any minimum separation period, unlike New York’s six-month rule. Similarly, some states require significantly fewer forms and have adopted more inclusive and accessible statewide e-filing systems. New Jersey’s eCourts platform, for example, allows users to upload documents, preview filings, and track case status entirely online. Likewise, Connecticut’s E-Services program enables individuals to electronically file completed and signed documents from anywhere. These systems reduce the need for in-person visits and make the divorce process more manageable and accessible for unrepresented litigants. New York could also expand the right to counsel in divorce proceedings or at the very least provide more assistance to unrepresented litigants. Finally, the approval process could be streamlined: without anything in dispute, couples should not have to wait months after submission of their paperwork to complete what should be a simple administrative process.

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Photo of William C. Silverman William C. Silverman

William C. Silverman is a partner responsible for leading Proskauer’s global pro bono efforts, which provide assistance to individual clients and nonprofit organizations in litigation as well as transactional matters. He focuses on identifying and securing pro bono opportunities and partnerships for Proskauer…

William C. Silverman is a partner responsible for leading Proskauer’s global pro bono efforts, which provide assistance to individual clients and nonprofit organizations in litigation as well as transactional matters. He focuses on identifying and securing pro bono opportunities and partnerships for Proskauer lawyers and ensuring widespread participation in these projects.

Bill has robust private and public sector experience and a strong criminal and civil background. He has worked extensively on government investigations and white collar criminal matters, as well as complex civil litigation in federal and state courts. He also served as an assistant U.S. attorney in the Southern District of New York, where he led criminal investigations, conducted trials and handled Second Circuit appeals.

Throughout his career, Bill has dedicated himself to the promotion of equal access to justice through pro bono service, particularly in the area of family court, anti-trafficking, and immigration.

Bill spearheaded a partnership among several law firms, corporations and the New York City Family Court to provide free legal advice to pro se litigants. The New York City Family Court Volunteer Attorney Program now has more than 400 volunteer attorneys from 40 major firms and corporations. Bill also helped build a coalition of organizations in a successful effort to secure additional Family Court judges in New York. He is now part of an effort spearheaded by Chief Judge Janet DiFiore to simplify the New York Court System from 11 trial courts to three.

Bill serves as counsel to the New York State Anti-Trafficking Coalition. In that capacity he has been a strong advocate for changes in the law and public policy to protect victims of human trafficking and bring perpetrators to justice. He also represents individual clients in this area, including a successful federal lawsuit brought on behalf of a trafficking victim against her traffickers. For his work, he was named by domestic violence nonprofit Sanctuary For Families as one of “New York’s New Abolitionists.”

Bill has spoken at numerous conferences and events, including New York Chief Judge Jonathan Lippman’s Hearings on Civil Legal Services and the American Bar Association’s Equal Justice Conference. In 2014, he attended a meeting at the White House with Vice President Joe Biden and other policymakers on the need for access to legal services in immigration proceedings.

Bill has been recognized for his public service with the Abely Pro Bono Leadership Award from Sanctuary For Families and Columbia Law School (2019); the Special Leadership Award for All-Around Excellence in Corporate Social Responsibility & the Law from City & State Reports (2015); the Commitment to Justice Award for Outstanding Partner from inMotion (2008); and the Matthew G. Leonard Award for Outstanding Pro Bono Achievement from MFY Legal Services (2007).

Outside of his work at the firm, Bill serves on various committees and non-profit boards. Bill is currently chairman of the Fund for Modern Courts, a non-partisan citizen organization devoted to improving New York State courts, and is formerly chairman of Legal Information For Families Today (LIFT), an organization devoted to unrepresented litigants in Family Court.