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Commonly Asked Questions about Legal Paperwork for Divorce

Fault-Based Divorce Grounds Cruel and Inhuman Treatment: This ground pertains to physical or mental cruelty by one spouse to the other, making it unsafe or inappropriate for the spouses to continue living together. This may involve verbal abuse, physical violence, or psychological mistreatment.
The legal grounds for divorce in New York include cruel and inhuman treatment, imprisonment, separation, irretrievable breakdown, adultery, and abandonment. Though all of these reasons require proof in court, they allow couples to divorce right away.
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.
The first step in the divorce process is to file a divorce petition. Even if both spouses agree to a divorce, one must file a divorce petition with the court to begin the process of terminating the marriage. This person is known as the petitioner, and the other spouse is referred to as the respondent.
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.
What about living apart and separations? Living apart, without a formal written agreement of separation or a court judgment of separation, is not recognized as a ground for a New York State divorce, no matter how long you continue to live separately.
Theres a $435-$450 filing fee to file for a divorce. If you cant afford the fee, you can ask for a fee waiver.
There are seven grounds, legally acceptable reasons, for a divorce in New York State: Irretrievable breakdown in relationship for a period of at least 6 months. Cruel and inhuman treatment. Abandonment. Imprisonment. Adultery. Divorce after a legal separation agreement. Divorce after a judgment of separation.