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NEW YORK DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in New York. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in New York Made Easy (See New York Divorce Help Center)
- Time Frame: The average time to receive an uncontested divorce in New York is 10 weeks.
- Where to File: Supreme Court. "Supreme Court of the State of New York, __________ County". (See New York Court Addresses)
- Statute Statutes: New York Domestic Relations Law, Article 1-15.
- Name of Action: Judgment of Divorce.
- Name of Parties: Plaintiff, the name of the filer, and Defendant, the name of the other party.
- No-Fault or Fault and No-Fault Only: Both no-fault and fault.
- Primary Documents Filed: Complaint for Divorce and Judgment of Divorce. (See NY Forms List With Explanations)
- Physical Separation Required: For no-fault, no.
- Separation Time to File: None.
- Legal Separation Permitted: Yes.
- Grounds: No fault: Irretrievable breakdown, which means the relationship between husband and wife has broken down irretrievably for a period of at least six months; fault: cruel and inhuman treatment, abandonment for a continuous period of one year or more, imprisonment for more than three years subsequent to the marriage, and adultery. (See New York Laws for Divorce)
- Residency Requirement: One spouse must be a resident of New York for one year, but if the spouses were married outside of the state, they must live in the state for two years before filing for divorce. There are circumstances that reduce the two-year requirement to one year.
- Mediation Required: There are no legal provisions in New York for divorce mediation.
- Counseling Required: There are no legal provisions exist in New York for divorce counseling.
- Parenting Classes Required: In general, parenting classes are only required when deemed necessary by a judge.
- Filing fee: An uncontested divorce costs at least $335 in total court and filing fees. (See NY Filing Fee Waiver Form)
- Where to File for Child Support: The Division of Child Support Enforcement (DCSE) - which operates through the Office of Temporary and Disability Assistance - can try to locate non-custodial parents who have slipped through the cracks in the system. Through New Hire Reporting Directories, credit bureaus, IRS data, and more, DCSE can help find the non-custodial parent in order to establish or enforce a child support order.
- Property Division: New York is an equitable distribution state that uses the dual classification routine.
- Appreciation of Separate Property: the appreciation of separate property is separate, but the increase in value of separate property that occurs during the marital period may be divided under the equitable distribution system.
- Attendance at Hearing: No, unless the action is grounded on adultery. If adultery is the grounds used, not only does the filing spouse need to go to Court, but he or she also needs to take a witness who can corroborate the allegation of adultery.
- Fault Considered in Property Division: The court does not consider marital misconduct, but economic misconduct - for example, the dissipation of assets in support of drug addiction or gambling or the secretion of assets or the maintenance of a paramour - may result in a compensatory property award to the victim spouse.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: Process may either be served in person or by mail. When a spouse is missing, service by publication allows for a constructive notice. Special conditions apply for service of process in New York City.
- In 2010, New York became the last of the jurisdictions to permit no-fault divorce, when it added a new ground -- Irretrievable breakdown for six months -- as a no-fault ground. In so doing, New York became the last jurisdiction to offer no-fault. California cut the path toward no-fault in 1969.
- Learn More About New York Divorce.
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