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Commonly Asked Questions about Divorcee Legal Documents

A divorce case is started when a Summons With Notice or Summons and Complaint are filed with the County Clerks Office. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system.
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.
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.
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.
Although you can complete a divorce without your spouses consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
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.
Do I need a lawyer to get divorced? Because divorce law can be complicated, you should meet with a lawyer even if you think your divorce will be uncontested. If you and your spouse have resolved all financial and parenting issues, and you do not have a lawyer, you can use the free Uncontested Divorce Forms Packet.