NY has a no fault divorce... you just file under irreconcilable differences
2006-08-04 02:24:31
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answer #1
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answered by Ms Fortune 7
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I don't think so. I've never heard of such a thing in all of New York and I worked in divorce court for 2 years in New York. If you want to divorce under terms such as that, you have to live separate and apart for a minimum of one year and have a legal, written, documented separation agreement filed with your local court during that time. The filing clause is then, living separate and apart for one year or more. It is generally uncontested (meaning, there are no disagreements between the parties) and complete in a months time, depending upon the law clerk and/or judge it is assigned to. The court assumes that you do not get along and that is why you are not living together. They assume no other grounds unless you stipulate them. If there are children involved, you will both have to agree to and sign additional information regarding the care of the child(ren). Child support, medical coverage, shared or sole custody, visitation, additional expenses for education, day care or special care. Depending on how long you were married, you may also have to agree to certain spousal support terms. If you own things together and do not agree on who gets what, you will need to provide a list of those things and how it should be divided. In the case of real property or cars, boats, additional larger purchases, it can get more complicated. If you have no combined assets, or you have already stipulated to each other and agreed, verbally (the court assumes you have done this because you are supposed to have been living separate and apart) you can say that all common items have been equitably dispersed among the parties and both parties agree. Point is, I am almost absolutely positive this is the only way in New York to get a fast, "no fault" divorce.
You can call Legal Aid in NYC or try calling the court's legal library. Below is a link I found that backs up some of what I said.
You can file yourself as a pro-se or pay an attorney as little as $300 to do it for you. If you go to your local clerks office, they should have something called a divorce packet that you can fill out yourself and file. As long as no one is disagreeing on the terms I stated above, it should be fairly easy and inexpensive. You should also be able to get free filing anywhere in New York if you fall under certain income guidelines. It is called a "poor man's application". This, of course, requires an additional piece of paper work, but it's fairly easy to follow and may take an additional 30 days. It depends on the temperament of the guy behind the counter, I guess.
Good luck! Hope this helps.
2006-08-04 09:52:26
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answer #2
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answered by 0000000 3
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New York City does not have divorce laws, it is governed by New York State law.
In New York there is NO no-fault divorce. You must allege one of six grounds for divorce:
Abandonment
Cruel and Inhumane treatment
Imprisonment
Adultery
Conversion of a Judgment of Separation
Conversion of a written Agreement of Separation
The closest thing to no-fault is the written Agreement of Separation. You enter into the agreement and separate for a period of one year and then can convert the agreement to a divorce.
Review the following for information and forms for uncontested divorce.
http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml
2006-08-04 10:11:53
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answer #3
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answered by Steve Wood 3
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You could always try an "agreement of separation" or something like that
2006-08-04 10:27:42
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answer #4
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answered by Anonymous
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