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Commonly Asked Questions about Divorce & Family Law

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.
How Long Does the Average Divorce Take in NYS? The average timeline for a divorce in New York is approximately 9.5 months. As compared to the national average of 11 months, New York generally has a fast process. The reason for the quicker timeline is New Yorks decision to forego a waiting period prior to a divorce.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
The no-fault uncontested divorce is the least costly way to get divorced. Fault based grounds for divorce in New York include: Cruel and Inhumane Treatment: The Court will assess whether one spouse abused the other either physically or mentally during the marriage.
Waiting Period in NYS: In New York State, the average duration for divorce is 9.5 months. The national average is 11 months. There is no official waiting period for New York State, but there are specific reasons why a court will not immediately hear your case.
New Yorks equitable distribution law specifies that you are entitled to a division of all marital property assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses income, purchases made with that income, and retirement benefits.
Though men can feel financially stressed after the divorce because they may have to pay alimony, child support, move out to another home, and generally spend more every month, many studies suggest that the economic impact of divorce adversely impacts women more than men.
The Filing Fee An index number costs $210. The index number is the number for your case and should be written on all papers filed. An uncontested divorce costs at least $335 in court filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.
The average cost of a divorce in New York State is $13,500. There is no need to panic: the final cost of divorce can depend on a wide range of circumstances, including: Whether the divorce is contested or uncontested. Filing fees costs in your state.
The average cost of a New York divorce is about $16,000. However, you know its a lot more complicated than that. An uncontested divorce will cost you about $5500 on average, while litigation costs a whopping $27,000.