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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.
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
How long do you have to be separated before you can file for divorce in NY? The grounds in which you file for divorce in New York determine how long you have to be separated from your spouse before filing. For a \u201cno-fault\u201d divorce, you must be separated from your spouse for at least one year.
Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a "ground" for the divorce; a legally acceptable reason for the divorce.
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.

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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.
Abandonment: Your spouse "abandons" you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return. Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
Under New York's divorce laws, courts only divide marital property, and spouses gets to keep their separate property. Marital property includes all property acquired by either or both spouses during the marriage, regardless of who bought it.
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.
Overall, the average cost of a New York divorce is about $17,100. However, you know it's a lot more complicated than that. An uncontested divorce will run you about $5500 on average, while litigation costs average a whopping $50,000!

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