When you are getting divorced in New York, you likely have a lot of confusion surrounding the process, your legal options, and what you can expect for the future. Our list of frequently asked questions below answers some of the most common concerns we encounter as a firm serving clients through divorce and mediation.
It’s important to know that every divorce case is unique. If you have questions about your specific case and your next steps, contact Sabra Law Group to schedule a free consultation and discuss the specifics of your divorce needs!
How much does divorce cost in New York?
The cost of divorce in New York can vary significantly depending on factors such as whether the divorce is contested or uncontested, the complexity of the issues involved (like asset division or child custody), and whether legal representation or mediation is required.
An uncontested divorce, where both parties agree on terms, can be relatively affordable, often ranging from a few hundred to a few thousand dollars for filing and attorney fees. On the other hand, a contested divorce, which involves negotiations or court hearings, can be much more expensive, with costs potentially reaching tens of thousands of dollars due to legal fees, expert witnesses, and court costs.
Mediation can offer a more cost-effective alternative, helping to resolve disputes outside of court and generally reducing overall expenses.
How long does it take to get divorced in New York?
The duration of a divorce in New York varies based on whether the case is uncontested or contested. An uncontested divorce, where both parties agree on all terms, typically takes about 3 to 6 months to finalize. This timeline includes preparing and filing necessary documents, serving the divorce papers, and obtaining a judgment from the court .
In contrast, a contested divorce, where parties disagree on key issues such as asset division, child custody, or spousal support, can take significantly longer. Contested divorces often involve multiple court hearings, discovery processes, and possibly a trial, extending the timeline to 12 to 18 months or more.
Factors influencing the duration include court backlogs, the complexity of the case, and the cooperation between spouses. Choosing mediation or collaborative divorce methods can sometimes expedite the process by resolving disputes outside of court. If you’re considering divorce in New York, it’s advisable to consult with a knowledgeable attorney to understand your options and the potential timeline for your specific situation.
Do I have to go to court to get divorced?
There are options for couples who want to avoid going to court for their divorce! Mediation is a notable option if you want a more collaborative process with your spouse that helps you maintain your privacy and does not necessitate going to court. Mediation also offers you the opportunity to make the process quicker, less expensive, and it helps you preserve a positive relationship with your ex-spouse.
Is New York an equitable distribution state and what does that mean?
Yes, New York is an equitable distribution state, which means that marital assets are divided based on what a judge determines is fair rather than an equal 50/50 split. Factors in your marriage such as the length of time you have been married, your respective ages, and the earning potential of each partner will help the court decide how your assets and debts should be divided.
What is no-fault divorce?
No-fault divorce does not seek to place blame on either party when one or both partners decide to seek divorce. Rather, a couple can cite “irreconcilable differences” or point to the fact that their marriage is “irretrievably broken” as reasons for why they are divorcing.
