New York Uncontested Divorce Package for Dissolution of Marriage for People with Minor Children
Description New York Uncontested Divorce Papers
How to fill out New York Uncontested Divorce Package For Dissolution Of Marriage For People With Minor Children?
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FAQ
At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.
You or your spouse meet the NYS residency requirements. You know where your spouse is located. Your spouse is cooperating with the process. You and your spouse are in agreement regarding the division of any property, assets or debt.
Depending upon how busy the local clerk's office is and also depending upon how busy the judge is, this process can take as little as three weeks or as much as 10 months.
Once your case is filed in New York, there's no formal waiting period before a judge can enter a decree of divorce (final order) in your case. Same-sex couples who married legally in another marriage-equality state can get divorced in New York as long as they meet the residency requirements.
With respect to the grounds of living separate and apart pursuant to a decree or judgment of separation, or pursuant to a written separation agreement of the parties, you must wait at least one year from the date of the decree or judgment, or the date the written separation agreement was signed by the husband and wife
An uncontested divorce costs at least $335 in total court and filing fees.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York doesn't have a waiting period, a divorce that both parties agree on takes roughly 3 months.
What Am I Entitled to in a Divorce in NY? Under New York's equitable distribution laws, only your marital property will be divided during a divorce. This means that you and your spouse will get to keep any separate property that was brought into the marriage.
Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.