Legal Question in Family Law in New York
What is the best way to file for divorce in NY State? We both agree to the divorce and how to split our finances and property. Neither of us want alimony. There are no "grounds" for divorce such as abuse or adultery. Do we have to legally separate for a year?
2 Answers from Attorneys
No, it is no longer necessary to separate or to have grounds beyond that the marriage is irretrievably broken. One files by having certain paperwork prepared and filed with the County Clerk in your county.
Usually in these types of circumstances an attorney will draft a divorce agreement outlining all of the terms of your divorce, i.e. the children (if any), equitable distribution of the property, etc. Once this document is prepared and signed, the attorney will prepare the divorce packet which will be submitted to the court.
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