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If your spouse doesn't file an answer in time, you may then request a default divorce. State and local rules on default divorces vary, but the process typically goes like this: After the time for responding has passed without an answer, you'll file a request to enter a default along with a proposed divorce judgment.
New York is not community property or a \u201c50/50\u201d state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the state's equitable distribution laws.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
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.
On average the divorce usually takes between six and nine months. It is however very common to delay applying for the Decree Absolute until the financial issues have been resolved.
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On average, New York divorce lawyers charge between $305 and $380 per hour. Average total costs for divorce lawyers range from $13,000 to $16,000 but tend to be lower in cases with no contested issues and no trial.
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 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.
As mentioned, the average divorce process in New York state typically lasts 3 months if uncontested, and 9 months if it is contested.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.

nys divorce form ud 1