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What are the requirements for summary divorce?

The worst part of any divorce proceeding is the legal complexity that's involved. If they're not navigated strategically, divorces can last a long time, they can be costly, and they can be very stressful for the spouses before they are finalized. For this reason, New York couples may want to review different divorce strategies that will speed up the process and make it less expensive.

A summary divorce one way to pursue a faster and cheaper divorce in New York. The benefits of summary divorce include:

  • Reduced paperwork
  • Reduced court appearances
  • Reduced negotiations between the spouses

Some New York couples may be able to qualify for the cost-saving process of summary divorce. Generally, the qualifications that need to be met to proceed with a summary divorce are:

  • That the couple was married for a short period of time, preferably less than five years.
  • That the couple doesn't have any minor children.
  • That the couple doesn't have any shared real estate property together.
  • That the total amount of the marital estate is relatively small, perhaps between $25,000 and $35,000.
  • That each spouse's separate property is below a certain level.
  • That neither spouse wants to seek spousal support.

In the state of New York specifically, a summary divorce or "simplified" divorce needs to involve:

  • A couple who has been living separately for at least a year.
  • The submission of sufficient proof that the couple has performed the terms of its separation agreement.
  • A financial disclosure form also needs to be filed.

Have you decided to get a divorce? You and your spouse may want to consider the pursuit of a summary or "simplified" divorce as a way of saving money, time and stress during the dissolution of your married.

Source: FindLaw, "Eligibility for Summary Divorce," accessed Nov. 24, 2017

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