Free Legal Divorce Forms

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Commonly Asked Questions about Free Legal Divorce Forms

What is a wife entitled to in a divorce in New York?

New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.

How much does it cost to file for divorce in NY?

The total court fees for an uncontested divorce will be a minimum of $335.00. This includes the $210.00 index # filing fee required to commence the divorce, and the $125.00 Note of Issue fee. In addition, if any motions are made, there is a $45.00 fee for each motion.

How long does an uncontested divorce take in NY?

Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.

How long do you have to be separated before you can file for divorce in NY?

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.

Can I file my own divorce papers in NY?

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.

Can I file for divorce online in NY?

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.

How much does a simple divorce cost in NY?

In this case, the parties can often file their divorce papers with the court and obtain a judgment without the need for a trial or other court appearances. The cost of an uncontested divorce in New York can range from several hundred to several thousand dollars, and the average cost is $5,500.

What is the fastest way to get a divorce in New York?

Negotiating a divorce agreement to submit to the court is an option that can accelerate the process docHubly. The court will have to verify that there are no issues with the agreement docHubed, but typically, this is not an issue when you have a New York divorce lawyer to work with.