3 February 2021

Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York doesn't have a waiting period, a divorce that both parties agree on takes roughly 3 months. If there are issues that the parties do not agree on, this can lengthen the divorce process.

How much does a divorce cost in NY?

The Filing Fee The index number is the number for your case and should be put on all papers filed. 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.

What are grounds for divorce in NY?

The grounds for divorce in New York are: (1) Cruel & inhuman treatment; (2) the abandonment of the Plaintiff by the Defendant for a period of one or more years; (3) the confinement of the Defendant in prison for a period of three or more consecutive years after the marriage; (4) the commission of adultery voluntarily ...

Can you date while separated in NY?

Dating while separated may give your spouse the grounds to divorce you under New York law. In New York, only a signed and notarized “separation agreement” gives you the legal right to live separate and apart from your spouse. Therefore, dating as soon as you physically separate can give your spouse grounds for divorce.

How does adultery affect divorce in NY?

Does Adultery Impact Alimony in New York? Marital fault, which includes adultery, is not commonly considered by the court when awarding alimony and in dividing marital property. In particular, adultery will not automatically result in an award of alimony.

Is spousal support mandatory in NY?

Spousal support is awarded in family court. Because spouses have a legal duty to support each other, the Family Court Act allows a support proceeding to be commenced by a married person. There is no requirement that the parties be separated for a court to award spousal support.

Who gets the house in a divorce in New York?

Only marital property is subject to division in a divorce; therefore, each spouse gets to keep his or her separate property, which includes: Property acquired before the marriage. Inheritances and gifts received by one spouse alone.

How many years do you have to be married to get alimony in NY?

for marriages that lasted more than 15 years to 20 years, support should last 30%-40% of the length of the marriage, or. for marriages more than 20 years in duration, the court should order support to last between 35%-50% of the length of the marriage.

Is spouse entitled to 401k in divorce in NY?

In New York, the courts divide all marital assets---that is, all property acquired during the marriage, with some exceptions. Pensions, 401(k) accounts and other retirement benefits earned during the marriage are marital property and can be divided between the spouses at divorce.