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Patent Trademark File For Divorce In New York
State:
Multi-State
Control #:
US-003HB
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FAQ
As long as you have a complete separation agreement (more on that below), the quickest way to get an uncontested divorce in New York is to state on your paperwork (under oath) that your marriage has been broken "irretrievably" for six months.
The husband and wife must be living separate and apart for a period of at least one year after signing a separation agreement to use it for a divorce.
A: New York is one of a few states with no waiting period. Unlike places where you may have to wait between filing papers and a final ruling or where you must be separated before you can file, New York allows those who meet the residency rules to file for a divorce at any time.
An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce service. They do, though, also have the option of getting professional help.
Depending on the progress, including cooperation and a likelihood of settlement, this could take approximately 3 to 4 months to reach a final settlement. After a settlement is reached, the final divorce documents are prepared and sent to the court for signature.
The length of time it takes to finalize an uncontested divorce is based primarily on two factors: how busy the court is and how fast your spouse can return the necessary documents to you. Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.
Yes, if one party doesn't sign the mutual concern final decree, you will need to file a motion for default judgment. This motion will ask the court to enter a judgment against your spouse without hearing from them.
You may be able to file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.
Family law courts typically do not show favoritism based on who filed first. The proceedings and outcomes of the divorce differ based on various factors, including asset division, child custody arrangements and spousal support. These matters carry more weight than the question of who initiated the process.
As long as you have a complete separation agreement (more on that below), the quickest way to get an uncontested divorce in New York is to state on your paperwork (under oath) that your marriage has been broken "irretrievably" for six months.