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New York is an equitable distribution state. This means, during a divorce in NY, property division is handled in a way deemed \u201cmost fair\u201d to both sides. This is not the same as a community property state, which divides marital property split 50/50 between spouses.
You can seek a no-fault divorce in New York if you and your spouse have been separated for at least one year or if there's been an "irretrievable breakdown of the marriage" for at least six months. Couples can also seek a divorce after entering into a separation agreement and living apart for at least one year.
Pensions, 401(k) accounts and other retirement benefits earned during the marriage are marital property and can be divided between the spouses at divorce. However, any money put into a 401(k) before the marriage, or after the separation, is separate property and stays with the spouse who earned it.
How does an uncontested divorce work? Under the no-fault divorce, there is no longer an option to contest a divorce. Uncontested divorces can be processed by courts on paper and there's no requirement for either party to make an appearance in court. This process takes a minimum of six six months to complete.
What Am I Entitled to in a Divorce in NY? Under New York's equitable distribution laws, only your \u201cmarital property\u201d will be divided during a divorce in NY. This means that you and your spouse will get to keep any separate property that was brought into the marriage.
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You can seek a no-fault divorce in New York if you and your spouse have been separated for at least one year or if there's been an "irretrievable breakdown of the marriage" for at least six months. Couples can also seek a divorce after entering into a separation agreement and living apart for at least one year.
An uncontested divorce is one in which there is not a disagreement on issues such as custody, child support, division of property, debt allocation and maintenance. Because these issues have been settled, there is no need to litigate them in court.
You are eligible for an "Express 60-Day Divorce" if the following requirements are met: You or your spouse meet the NYS residency requirements. You know where your spouse is located. Your spouse is cooperating with the process. You and your spouse are in agreement regarding the division of any property, assets or debt.
An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.
An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.

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