Legal Question in Family Law in New York

Begun separation today, how do I file for divorce in ny?

Just begun separation. I heard in ny that you need grounds to file for divorce. At least one year separation is a must to be granted. Is that true? Do I need to leave any document to state our separation to keep track of the days? Why can't incompatibility, an acceptable ground? Do I need a lawyer? How much is the cost to file divorce? We have no financial to split. We just want to get divorced. Thank you for your answer.


Asked on 12/02/04, 1:15 pm

5 Answers from Attorneys

Re: Begun separation today, how do I file for divorce in ny?

If both parties want a divorce and there is nothing to fight over, you can get an uncontested divorce. My partner handles these cases and it probably costs a few thousand dollars. Feel free to call my partner, Larry Carlin, if you wish to discuss it. Our number is 212-622-7180.

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Answered on 12/02/04, 1:22 pm
Daniel Clement Law Offices of Daniel Clement

Re: Begun separation today, how do I file for divorce in ny?

New York requires grounds for a divorce. In order to use a separation as grounds, you need either a written and properly executed agreement or a judgment of separation, neither of which may be necessary if you have no children or assets to equitably distribute.

I suggest you contact me or anyother lawyer to represent you in connection with this matter.

Daniel Clement

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Answered on 12/02/04, 1:36 pm
richard feldman richard d. feldman

Re: Begun separation today, how do I file for divorce in ny?

the time has not yet started to run on your separation. the time starts when an agreement is filed in court there are other ways to complete an uncontested divorce and it will cost about the same or less than a separation call me at 516 946 7100 for a free telephone consultation

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Answered on 12/02/04, 2:11 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Begun separation today, how do I file for divorce in ny?

Please be reassured: it is not that difficult to be divorced in New York State.

The requirement of a legally sufficient reason for divorce is not a challenge, especially if the other spouse does not contest the action. The court requires no/none/zero proof.

The most common grounds is "cruel treatment" and one example is sufficient. Another is refusal of one person to have marital relations for one year. Again, no proof is required by the court.

Beyond the required reason for the divorce, most of the issues can be taken care of in the 'defendant's affidavit'. There are four other documents beyond this, but all are 'pro forma'.

The court will charge 210 and 100 = 310 dollars total for the court fees.

I would charge 250 dollars for an uncontested divorce of this nature.

You are welcome to a consultation for no fee.

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Answered on 12/02/04, 5:11 pm
Robert Evans Robert S. Evans esq.

Re: Begun separation today, how do I file for divorce in ny?

Living separate for 1 year or being separated pursuant to a filed separation agreement are grounds for a no fault divorce in N.Y. . One may get a "fault" divorce much sooner especially when both parties agree. This would require one party to accept responsibility usually based on the grounds of cruel treatment.This will not turn out as bad as it sounds For more info you may call my office @718-834-0087 for a free phone consultation. An uncontested divorce is generally not too expensive.

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Answered on 12/02/04, 5:19 pm


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