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Commonly Asked Questions about No Joint Property Divorce Forms

Do you need to be legally separated before a divorce in NY?

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.

Do you need a reason to get divorced in NY?

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.

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.

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.

Is emotional abuse grounds for divorce in NY?

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.

What are the 7 grounds for divorce in New York?

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.

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.