Can I still get divorce even if it's contested and approximately how long does a contested divorce take? 3 Answers as of August 20, 2013

My spouse and I have been living separately for seven or more years. She wants my pension and medical coverage I say No! How long will this contested divorce take approximately in New York state?

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Kalil & Eisenhut, LLC | Michael N. Kalil
No easy answer. If you and your spouse don't agree on the terms of the divorce, it can be a lengthy process. Much also depends on where (which county) you bring the action. If you're in NYC (large metropolitan area) vs. St. Lawrence County (very rural), the rural area will proceed with your contested divorce much quicker. You really need to speak with a local attorney to get a better handle on time frames in your jurisdiction. A word of caution: even though you and your spouse have been separated for 7 or more years, as a starting principal, equitable distribution (the division of marital assets and debts) is measured by two dates, the date of of marriage and the date an action is commenced. What you've accumulated since the two of you separated is still marital.
Answer Applies to: New York
Replied: 8/20/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
New York is clear that any monies earned in a pension during the marriage is subject to equitable distribution (a fair share division). Medical coverage ends at divorce and your spouse has to be given the opportunity to purchase COBRA coverage, if it is available.
Answer Applies to: New Jersey
Replied: 8/20/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
That depends entirely upon how quickly agreement can be reached on a settlement and on the county in which you file.
Answer Applies to: New York
Replied: 8/20/2013
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