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Updated by Andrea Friedman on Jan 09, 2018
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5 Common Questions About NY Divorce

Live in New York? Have a question about divorce? Friedman & Friedman is here to help with a list of 5 common questions about divorce in New York! Contact their Westchester County family lawyers at (914) 873-4410 if you need further legal counsel.

Source: https://www.sarifriedman.com/faq/

1

Do I Need Grounds to File for Divorce in New York?

Do I Need Grounds to File for Divorce in New York?

In New York, you do not need grounds to file for #divorce (as of 2010). You need only state "irreconcilable differences." You may state your grounds for divorce, if you have any. These can include:

  • Adultery
  • Abandonment for at least 1 year
  • Cruel and inhuman treatment
  • Imprisonment for at least 3 years
  • Living apart by means of legal separation
2

How Much Does a Divorce Cost?

How Much Does a Divorce Cost?

Just as every divorce is different, so are the costs. The best way to get an initial estimate on how much divorce might cost you is by consulting a divorce attorney, but here are some factors that play into the cost of a divorce:

  • Filing fees
  • Court fees
  • Attorney fees
  • Temporary spousal and/or child support (when applicable)

Note that uncontested divorces are usually less costly than litigated divorces. Collaborative law or divorce mediation can also save you money on court fees, not to mention a lot of time and emotional stress.

3

Will I Have to Go to Divorce Court?

Will I Have to Go to Divorce Court?

This depends on the circumstances surrounding your divorce. If you and your spouse are in agreement about your divorce, then litigation may not be necessary. You may be able to negotiate the terms of your divorce without having to step into court. However, in cases where there are disagreements that cannot be resolved, you will need to go to court, where a family law judge will make the final decisions.

4

Can I Represent Myself in a Divorce?

Can I Represent Myself in a Divorce?

The short answer is "yes." You are not legally required to be represented by an attorney during the divorce process; however, divorce law is complex. It is strongly suggested that you place your case in the hands of a highly trained legal professional. Remember: the outcome of your divorce or separation will greatly affect your life for years to come. If you try to represent yourself and do not fully understand the law or your rights, then the results could be devastating. Call a divorce lawyer.

5

How Long Does a Divorce Take?

How Long Does a Divorce Take?

Every divorce case is unique, so there is no set length of time for any given divorce. Your divorce may take anywhere from 30 days for an uncontested case to 3 years or more for a highly contested case. The key to minimizing the length and cost of your divorce is to hire a skilled divorce attorney.