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Q: We are a married couple since 5 years. Got married in india but currently residing in New York for the past 1 year. I’m a US citizen and she is a GC holder. We have been having irretrievable differences for the last 1 year and we decided to end this so mostly, would be a no-fault ground for divorce. Hence, we are exploring the divorce option under state of NY. Need to know:
1) What are the documents required to file (apart from residency requirements – like state of NY DL, lease copy of current address etc)?
2) Length/timeframe to obtain the divorce (for uncontested case)?
3) Is it mandatory for either of us to move out of the house immediately as soon as the divorce is filed in the Supreme Court of the State of New York?
A: You don’t need any specific documents in order to file for divorce. The expected time frame varies depending on several factors, such as whether its uncontested v. contested. That said, an uncontested divorce in most counties may take roughly 3-6 months. And no, it’s not mandatory for you to separate prior to filing. You’re best advised to schedule a consult with a Bronx Divorce Attorney for a full assessment.