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How long does a contested divorce take in NY? A contested divorce in NY lasts about 9 months to a year, on average.
Divorce in New York can be accomplished quickly if the two spouses can agree on distribution of property, custody of children, and support and visitation. If you meet the residency requirements, New York has a step-by-step procedure for uncontested divorces including forms and detailed instructions.
You must go to the New York State Supreme Court in your county. All divorces in New York State are handled in the county Supreme Courts. Family Court can order child support and/or child custody, but cannot grant a divorce.
The papers must be served within 120 days from the date the papers were filed with the County Clerks Office. The person who is serving the papers must be 18 years old or older. If the papers are being served somewhere in New York State, the person who is serving the papers must be a New York State resident.
If you have no children under 21 and your marriage has been over for at least 6 months, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
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Having an attorney will ensure you have the best outcome, especially if your spouse contests. But that does not mean you cant file for a divorce by yourself. The New York Unified Court System provides the resources you need to file for divorce without using an attorney.
On average, divorce in New York can cost around $17,000. However, an uncontested divorce can be as cheap as $5,500. Thats in vast contrast to a contested divorce, which can be as high as $50,000 on average. There are fees to consider in addition to those you pay to your attorney.
How Much Does the Average Divorce Cost in New York? 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.
In your uncontested divorce, the easiest way to speed your divorce through the court is for the defendant to waive service by signing an Affidavit of Defendant. If your spouse refuses to sign the affidavit, you will have to hire a process server to deliver a copy of the summons and complaint.
With an uncontested divorce, you typically dont have to attend a hearing in New York to get your final divorce judgment. The judge will simply review all of your paperwork and, if everything is in order, will sign the judgment.

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