Does anyone know the process and how long it takes for a divorce in NY?

Answer 1

I heard its 2 yrs.with children and 1 yr without !

Answer 2

I m uncertain why you want a divorce, if this is for applications of having a marriage, then you extremely do no longer want the divorce, you may bypass forward and characteristic a marriage ceremony, there is something weired here, you reside in new york and he or she lives in ct, why are you no longer living mutually, you have been married in July, it extremely is July, so which July are you relating, no remember if that's this 12 months and you're no longer living mutually that's recommended to hire a criminal expert so which you have got the marriage annulled, in any different case a divorce in long island would take everywhere from 6 months to a 12 months, it might matter on which county you reside in too, westchester , queens and long island are quicker than Bronx, Brooklyn and huge apple, it can be a at the same time as till now you tie the knot lower back in case you opt to anticipate a divorce

Answer 3

It depends. I got an uncontested divorce within 5 mths. I didn't have any children, not much property. My ex and I pretty much talked everything out. He signed a waiver so we did not have to go to court. I filed & payed $125, $ 8 for a copy of the certified judgement. It was in the bronx. It gets complicated if you have children. You can look it up on the web.

Answer 4

Why divorce in N.y. thats a money pit for lawyers and etc.ect. Go to Domincan republic and get a quckie divorce as all the beautiful famous people do! it is very cheap and quick.

Answer 5

http://www.divorcepapers.com/newyork.html
RESIDENCY REQUIREMENTS AND WHERE TO FILE: If only one spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 230 and 231; and New York Civil Practice Laws and Rules, Rule 503].

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized. (Proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county; or (2) living separate and apart for 1 year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170]. General: (1) adultery; (2) abandonment for 1 year; (3) imprisonment for 3 or more consecutive years; and (4) cruel and inhuman treatment. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

LEGAL SEPARATION: The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment. If only one spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 200, 230, and 231].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: A summary divorce may be granted in New York if: (1) the spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement; and (2) satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement. There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 170 and 236].

MEDIATION OR COUNSELING REQUIREMENTS: There are no legal provisions in New York for divorce mediation.

PROPERTY DISTRIBUTION: New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's property at the time of the marriage and at the time of filing for divorce; (3) the probable future economic circumstances of each spouse; (4) the length of the marriage; (5) the age and health of the spouses; (6) the amount and sources of income of the spouses; (7) the present and potential earning capability of each spouse; (8) the potential loss of inheritance or pension rights upon dissolution of the marriage; (9) whether the property award is instead of or in addition to maintenance; (10) custodial provisions for the children and the need for a custodial parent to occupy the marital home; (11) the type of marital property in question (whether it is liquid or non-liquid); (12) the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse; (13) the tax consequences to each party; (14) the wasteful dissipation of assets; (15) any transfer of property made in anticipation of divorce; (16) any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and (17) any other factor necessary to do equity and justice between the spouses. Marital fault may be considered. Financial disclosure of assets and income are mandatory. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 236, Part B].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors: (1) the income and property of the spouses, including any marital property divided as a result of the dissolution of marriage; (2) any transfer of property made in anticipation of divorce; (3) the duration of the marriage; (4) the wasteful dissipation of marital property; (5) the contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, child care, education, and career building of the other spouse; (6) the tax consequences to each spouse; (7) any custodial and child support responsibilities; (8) the ability of the spouse seeking support to become self-supporting and the time and training necessary; (9) any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (10) whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse; and (11) any other factor the court deems just and equitable. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 236, Part B].

CHILD CUSTODY: Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 240 and New York Case Law].

CHILD SUPPORT: Either or both parents may be ordered to pay child support necessary for the support, maintenance, and education of the child. Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific child support guidelines which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered in determining the inappropriateness or justness of an award of support are: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional health of the child and any special needs or aptitudes of the child; (4) the financial resources, needs, and obligations of both the noncustodial and the custodial parent; (5) the tax consequences to each parent; (6) the non-monetary contributions that the parents will make towards the care and well-being of the child; (7) the educational needs of either parent; (8) whether one parent's income is substantially less than the other parent's; (8) the needs of other children of the non-custodial parent; (9) if the child does not receive public aid: any extraordinary expenses required for the non-custodial parent to exercise visitation rights; and (10) any other relevant factors. Security may be required for the payments. [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Sections 32, 33, 236-Part B, 240, and 243 and New York Case Law].

PREMARITAL AGREEMENT: New York does not have any statutes pertaining to premarital agreements

http://www.nydivorceonline.com/nypages/Divorce/divorcerequirements.asp#1
DIVORCE
Under New York Law, you have the right to represent yourself in all legal cases, including divorce.

The legal term for representing yourself is "pro se," pronounced "pro say") which is Latin for "on your own behalf." Representing yourself is not a good idea for everyone. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever.

Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above. This will give you an indication on how to proceed with the divorce.

The law limits the authority of the court to grant divorces (known as a question of jurisdiction-can this court hear this divorce?). The law also dictates when the court has jurisdiction over a divorce proceeding.

Your divorce action begins when you purchase an index number and file the summons with the County Clerk's office. Your spouse must then be served with a copy of the summons by being personally given the document. It is important to determine where your spouse is located. If he or she lives in New York State, the server must be a resident of New York State, over eighteen years of age, and CANNOT be a party to the action (that means you may not serve your spouse with the summons).

If your spouse is presently residing outside of New York State you must ensure that he or she is personally served with the summons. It is preferable to have this service accomplished by a New York resident, although this might be costly. If you use a non-New York resident to serve your spouse outside the State, the server must be a qualified attorney, solicitor or the equivalent in that state or nation. Otherwise the person must be authorized to serve papers pursuant to the laws of that state.

The person that serves the papers must fill out a notarized affidavit of service as proof that the server did indeed serve the papers.

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RESIDENCY REQUIREMENTS
In New York, you must first satisfy the residency requirements set forth in Domestic Relations Law §230. To file for a divorce in New York you must satisfy one of the following residency requirements:

The marriage ceremony was performed in New York State and either spouse was a resident of the state at the time of the commencement of the action and resided continuously in this state for one year immediately before the action began; or,
The couple lived as husband and wife in this state and either one is a resident thereof and resided in this state for a continuous period of one year immediately prior to the commencement of the action; or,
The grounds for divorce occurred in this state and either party is a resident thereof and lived in this state for a continuous period of one year prior to commencement of the action; or,
The grounds for divorce occurred in this state and both parties are New York residents at the time the action is commenced; or,
If you and your spouse were married outside of New York and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this case.
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SAME STATE, DIFFERENT ADDRESSES
You do not have to remain at the same address to fulfill your residency requirement. You can move anywhere within the state from which you are filing. The forms do not require you to list all addressees, but you should be prepared to prove where you lived during the separation in the final hearing.

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PROOF OF RESIDENCY
Your residency is substantiated by your sworn complaint. The testimony is all that most courts require to verify residency. But cases have been dismissed and even overturned because of improper proof of residency.

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RESIDENT VERSUS NONRESIDENT
A court may take on a divorce proceeding even if your spouse is not a resident of New York. If you or your spouse move to another state after the divorce has been filed, you may still have your case heard in New York.

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HOW TO ESTABLISH RESIDENCY
Register to vote. Get a driver's license. Get a job. Open charge accounts. Register your car. Take out a library card. The list is endless. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.

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COUNTY JURISDICTION
New York has counties that govern which court your divorce will take place in. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business. Divorce are filed in New York Supreme Court.

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DIVORCE: Fault and No-Fault: Conversion of a Separation Agreement.
In New York, the closet concept to a no-fault divorce is divorce by conversion of a separation agreement, pursuant to DRL § 170[6].

The Separation Agreement is an agreement between the husband and the wife which states the terms and conditions under which they will live apart. The agreement contains the names and addresses of the parties, the date of the marriage, the date of the agreement (when signed and when acknowledged) as well as the terms of the agreement. This agreement, signed by the parties and acknowledged before a notary, is filed with the Clerk of the County where either party resides.

If you have a separation agreement that has been properly executed, the agreement has been filed with the County Clerk's office and you and your spouse have lived apart according to the terms of this agreement for more than one year, then you have a ground for divorce.

Once you are sure that you meet the three requirements for filing-residency, jurisdiction of the defendant and a ground for a divorce-you can start your action and later, file your divorce papers. Remember, this is the way you file for an Uncontested Divorce. If your spouse appears and contests the divorce action, you should be prepared for the possibility of going to trial. And before the action is ready for trial, there are other preliminary matters to resolve, including (but not limited to) discovery proceedings, exchanging of pleadings and financial disclosure. Our forms are designed for an uncontested divorce based upon conversion of a Separation Agreement.

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Grounds
There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You cannot simply break up, saddle your charger, and ride off into the sunset. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years each state has enacted legislation that governs acceptable grounds.

There are different grounds for divorce. In New York, four of the "grounds" are based on the fault of one of the parties. The other two grounds, one year of living apart under a separation agreement, and one year of living apart under a separation decree granted by a court, afford New Yorkers a "no-fault" divorce, in which neither spouse is to be judged at fault.

The six grounds for divorce in New York are as follows:

cruel and inhuman treatment;
abandonment for one or more years;
imprisonment for three or more years;
adultery;
written contract of separation and living apart one or more years;
court judgment of separation and living apart one or more years.
Cruel and inhuman treatment can involve either physical or mental cruelty. To justify divorce, treatment must have such a serious effect on the physical or mental health of the divorce-seeking spouse that it is not safe or proper to continue the marriage. Mere incompatibility is not a qualifying reason for divorce in the state of New York. Reasonable examples of cruel and inhuman treatment include physical or verbal abuse; uncontrolled gambling that results in loss of household funds; staying away from the home without reasonable explanation; cheating; wrongly accusing the other spouse of adulterous relations. Alcoholism is inadequate unless accompanied by violence. Each case of divorce stands on its own merits and in general the acts or conduct on which the divorce is based must have occurred within the last five years.

In the case of a separation agreement, certain state specific rules must be followed or the written agreement will not qualify as grounds for divorce. The agreement must be filed with the clerk of the county where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce. All that must be proven is that an agreement was duly executed, acknowledged and properly filed; that the spouses have in fact been living apart during the period of the agreement, and that the plaintiff has substantially complied with the terms of the separation agreement.

Another form of separation is through a judgment of separation granted by the Supreme Court. This judgment is based on the same four "fault" grounds as for divorce. However, the abandonment may be for less than a year. One year after filing the court judgment of separation, either party may sue for a "no-fault" divorce, based upon one year of living apart. A divorce does not occur automatically, however. Court action must still be taken.

In New York annulment may be declared on one of several grounds. If either spouse is incapable of having sexual intercourse, the marriage may be annulled. Both parties may be over the age of 18 unless one party is between 16 and 18 years old and has parental consent to marry, or is under 16 years old and has parental consent and approval to marry. No person under the age of 14 may be married under any circumstances. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wants an annulment. Marriages may be annulled if, after marriage, either partner becomes incurably insane for 5 years or more. A marriage may be annulled if either spouse consents to marry as a result of force or if either spouse cannot understand the consequences of marriage. A marriage may be annulled if consent was obtained by fraud. Only the injured spouse, parent or relative may obtain the annulment based on lack of consent. However, cohabitation evidencing forgiveness is an absolute defense.

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ADULTERY
An action for divorce may be maintained based on adultery, which is defined as an act of sexual or deviate sexual intercourse, voluntarily performed by the Defendant, with a person other than his or her spouse during the course of the marriage. However, adultery can be difficult and expensive to prove because the testimony of the Plaintiff is not enough and other evidentiary requirements must be satisfied (the Defendant's admission is not enough). Thus, you should keep in mind that acts of adultery may qualify as acts of cruelty and entitle you to maintain a divorce action on the grounds of cruel and inhuman treatment.

Proof of adultery in New York is a difficult matter. A partner may not testify against his/her spouse and must have a witness ready to convince the court that the accused engaged in sexual relations with another person. Adultery is usually proven by circumstantial evidence. In addition, there are four defenses to adultery. Any of which, if proven, will result in the court denying the divorce. They are:

"Procurement" or "connivance". Procurement means that one spouse actively encouraged the other to commit adultery. Connivance is similar to "collusion" or "consent" by the spouse to the adultery.
"Condonation" or "forgiveness". Having sexual relations with your spouse after discovery of his/her adultery is an absolute defense to divorce action based on adultery.
"Recrimination". This defense means that you, too, were guilty of adultery. No matter how convinced the court is that adultery was committed by both parties, it is forbidden from granting a divorce on grounds of adultery.
Adultery is sexual intercourse between a married person and someone other than the spouse. In New York, neither cunnilingus nor fellatio, which the law defines as sodomy, is a ground for divorce and generally neither is considered adultery. The sexual intercourse must involve some penetration of the female organ by the male organ, but a "completion" of the sexual intercourse is not required.

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HOW TO PROVE ADULTERY
There probably is no such thing as a pleasant adultery case; because names, dates, places, paramours, and the like have to be brought out in the open. If your spouse no longer cares about what you know and is open about the affair, you're lucky. You can then catch your spouse flagrante delicto, which means you have your spouse in the flagrant wrong and may not have to worry about hiring detectives. However, you may still need a detective to prove your case in court. There is still a need for a corroborative witness, such as a mutual friend or neighbor, who has no stake in the matter except telling the court what he (she) witnessed.

Most adultery cases are proven by circumstantial evidence, which means that you have to establish that your spouse had the disposition and opportunity to commit adultery.

Public displays of affection, such as hand-holding, kissing, and hugging, between the guilty spouse and the paramour are generally sufficient evidence to indicate an adulterous disposition. Opportunity may be proven by showing that your spouse was seen entering the paramour's apartment at 11 P.M. and not coming out until 8 A.M. the following morning and that they were alone. If you can only prove disposition but not opportunity, the courts may not allow your divorce because the court may reason that it is just mere speculation. The same is true if you only show that there was opportunity, but cannot prove disposition. When you think about it, this seems to make sense.

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NAMING THE CO-RESPONDENT
Sometimes known as a paramour, the co-respondent is the person whom you charge as having committed adultery with your spouse. The co-respondent has the right to hire a lawyer and file an answer to your complaint. Naming co-respondents can get sticky, particularly if your facts are incorrect. You might be damaging the reputation of an innocent person.

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THE ADULTERERS
Adulterers are not equal under the blanket of the law. In New York, adultery may impact custody if the adultery is proven to have harmed or impaired the children. Adultery does not necessarily affect alimony awards in New York. It will, however, be a factor for consideration in awarding alimony.

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CONDONATION
Generally, if you knew your spouse committed adultery but continued to live and cohabit with your spouse, then adultery cannot be used as a ground. Once you resume marital relations, after you learned of the adulterous act, the courts feel that you have forgiven, or "condoned," the act. But, if your spouse starts having affairs again, you can then sue on grounds of adultery. Or, if your spouse has had several affairs and you knew of and condoned only one, you may file on adultery regarding the newly discovered affairs. In New York, however, condonation does not necessarily bar the action for divorce; it now only a "factor for consideration."

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CRIMES
An action for divorce may be maintained where the Defendant has been imprisoned for a period of at least three consecutive years. The imprisonment must have commenced after the date of the marriage.

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ABANDONMENT
An action for divorce may be maintained where the Defendant abandons the Plaintiff for a period of one or more years. Abandonment may take the form of your spouse physically departing your marital home without any intention of returning, without any good reason for doing so and without your consent. A second form of abandonment is where one spouse unjustifiably forces the other spouse out of the marital residence without the other spouse's consent. The third form of abandonment is called constructive abandonment, which involves one spouse's refusal to engage in sexual relations with the other spouse continuously for more than one year without consent, good cause or justification.

Abandonment occurs when the defendant, your spouse, leaves you and your marital home-without your consent or any good reason-and stays away for more than one year, even though you keep asking him or her to return. But there are other kinds of abandonment, such as "constructive abandonment" and "force outs."

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ACTUAL ABANDONMENT
When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.

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CONSTRUCTIVE ABANDONMENT
Constructive abandonment, involves one spouse's refusal to engage in sexual relations with the other spouse continuously for more than one year without consent, good cause or justification. If the parties separate, the constructive abandonment ends at the time of their separation.

Another kind of abandonment is called a "force-out." A force out is just what it sounds like; one spouse forces the other out of the home. If a spouse comes home, finds his personal belongings outside, the locks changed and access to the home denied, then the spouse has been forced out. If this situation continues for a period of more than one year, it is a ground for divorce.

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IF THE DESERTER RETURNS:CONSENT
Your spouse has left you, spent six months chasing butterflies, and suddenly wakes up one morning and decides that you are the one after all. In good faith, your spouse shows up at your doorstep and begs you to forgive and forget. In New York, if you say yes, then all is well. But if you say no and refuse to even see or listen to your spouse, then, strange but true, your spouse could sue you for abandonment. The waiting period would start all over again beginning with the time of your refusal. Keep in mind that "good faith" is the key. If, for example, your husband deserted you and then tried to return only after realizing what the high costs of his alimony and legal fees would be, his desire to return would not necessarily be considered "good faith".

Also be aware that an abandonment ends when a separation agreement is signed, if a defendant is incarcerated, or if a defendant is physically unable to return. If any of these events occurs less than one year from the commencement of the abandonment, you cannot use abandonment as a ground for divorce.

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INSANITY
Your spouse must be judged permanently and incurably insane and be confined in an institution or a hospital for a minimum of five years before filing. To prove insanity, two or more psychiatrists are needed to testify that your spouse is incurable and that there is no hope of recovery. The court will appoint an attorney to act in the defense of your spouse whom you purport to be insane. These costs are usually borne by you. In New York, you also must be a resident for two years before filing.

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BIGAMY
Knowingly entering into a bigamous marriage is also a ground for divorce.

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VOLUNTARY SEPARATION NO- FAULT DIVORCE IN NEW YORK
New York does not have no-fault divorce as such. Instead, New York's version of a no-fault divorce requires that the spouses live apart from one another for at least a year before a divorce can be filed. The parties must execute a Separation Agreement, which must be filed with the local County Clerk before the one-year period begins to run. The spouse suing for divorce must prove that he or she has substantially performed the terms of the Separation Agreement to obtain a divorce. If you obtain a divorce based on a written Separation Agreement, you don't have to sign any papers or give any testimony about reasons for the divorce. In other words, no personal allegations against either spouse are necessary. There are other grounds for divorce in New York which are explained below.

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SEPARATION WITHOUT COHABITATION
If your spouse wants a separation and you do not, it is still possible to file under this ground, but the wait is longer. New York requires two years of living apart. Whether the separation is voluntary or not so voluntary, it has to be continuous. This does not mean that you and your spouse can't meet for lunch or dinner on occasion, but it does mean that you cannot have sexual relations with each other. If a candlelight dinner intended to discuss your children's report cards ends up kindling your sexual desire for each other, and you follow your passions into bed, then your waiting period has to start all over again. It will begin the day after your bedroom encounter even if you've been on good behavior for 11 ½ months. Sex between you and your spouse is strictly forbidden during your waiting period. Sex with others can be a problem, too; the grounds for your divorce could change.

You must live in separate abodes. Even if one person were to live in the attic and the other in the basement, it won't count for "living separate and apart."

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GROUNDS FOR LEGAL SEPARATION
Many people who, for personal or religious reasons, do not wish to obtain a full divorce can get a "limited divorce" instead. New York has no legal separation. A "Limited Divorce" in New York is similar to what is called a "Legal Separation" on other states. Limited divorces are very much like an absolute divorce with the major difference being that the parties cannot remarry. You are, in effect, still legally married at the same time that you are legally separated.

In order to obtain a limited divorce in New York, you must meet residency requirements, grounds, and other legally prescribed laws just as you have to in a case for absolute divorce. Limited divorces can also can involve property settlements, alimony, and child support and custody.

The grounds for obtaining a limited divorce in New York are cruelty or excessively vicious conduct to complainant or minor child; desertion; and voluntary separation beyond any reasonable expectation of reconciliation. The court may require that the parties participate in reconciliation efforts.

The New York courts may grant a limited divorce even though you are seeking an absolute divorce. The courts also may decree these divorces forever or for a limited time only. And finally, New York's limited divorces may be revoked by the courts at any time upon the joint applications of the parties to be discharged. In such cases, you return to the state of being legally married.

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PROVING GROUNDS FOR LEGAL SEPARATION
In order to prove the grounds for a legal separation, you must go through the same processes of proof as you would in a case for an absolute divorce. The courts give the same serious weight to a legal separation as they do to absolute divorces.

This ground is not used often. It involves a judgment of separation signed by a Judge or Referee of the Supreme Court. To maintain a divorce action the parties are required to live separate and apart and satisfy the terms of the judgment for more than one year after the judgment was granted.

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FORMS REQUIRED FOR A DIVORCE IN NEW YORK
Marital Settlement Agreement (filed with the Court one year before filing divore papers).
Summons (Form UD-1) OR
Summons (served with Verified Complaint) (Form US-1a)
Verified Complaint (Form UD-2
Affidavit of Service (Form UD-3)
Sworn Statement of Removal of Barriers to Remarriage (Form UD-4)
Affirmation (Affidavit) of Regularity (Form JD-5)
Affidavit of Plaintiff (Form UD-6)
Affidavit of Defendant (Form UD-7)
Child Support Worksheet (Form UD-8)
Note of Issue (Form UD-9)
Findings of Fact/Conclusions of Law (Form UD-10)
Judgment of Divorce (Form UD-11)
Notice of Entry (Form UD-12)
Self-Addressed and Stamped postcard
Certificate of Dissolution
All of these forms are included in our Form Set powered by Rapidocs.


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Please note: When you get divorced you should have a new will, living will, and power of attorney.
To get your free will, living will and power of attorney
go to our affiliated web site at: http://www.smartlegalforms.com


http://www.courts.state.ny.us/litigants/divorce/index.shtml
Divorce The New York State Unified Court System offers free instruction booklets and forms for people starting a divorce.

Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be “uncontested” (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.)


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If you are unsure how to find a lawyer, these resources can help you:

Call the New York State Bar Association Lawyer Referral Service (toll free) at 1-800-342-3661;
Go to www.lawhelp/ny.org if you cannot afford a lawyer;
Go to www.nycourts.gov/courthelp/lawyers.html;
Go to www.nycourts.gov/attorneys/nybarassociations.shtml
Ask at any courthouse about lawyer referral services.

Hope this helps you out.
I cannot give you a specific time limit to a dovorce process in NY,
you'll have to read and study this out at your own pace and CONTACT AN ATTORNY. Its always best to have legal representation.