New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
New York does not require a separation prior to filing for divorce.
It's a myth that your Florida divorce can't move forward if you don't sign divorce papers. Florida is a no-fault divorce state, which means a spouse can file for divorce without the other spouse's approval.
A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months. The amount of time varies ing to the judge, the county, and the will of the parties to speed things up or delay.
Once you've been served divorce papers, you have 20 days to respond. If you don't respond, the petitioning spouse can file a motion to default and the divorce can be finalized without your input.
Divorce proceedings in Florida don't require both parties to agree. Even if your spouse refuses to cooperate or sign divorce papers, you can still file for a no-fault divorce. In Florida, irretrievable breakdown of marriage is recognized as a valid reason for divorce.