How Long Does a Divorce Take in New York?

How Long Does a Divorce Take in New York?

 

On average, an uncontested divorce will take 3 months, while a contested divorce may take 9 months or even longer. Generally, a longer, more complicated divorce is more expensive, while an uncontested divorce or a divorce handled through divorce mediation is shorter and less expensive. 

Usually, the duration of divorce is determined by the surrounding marital and divorce details, and the decisions you make as to your process. Explore the average NY divorce timeline and make the best choices to guarantee a fast and fruitful marriage termination for you.

Is There a Waiting Period for Divorce in New York? 

A good fact for New York divorcees is that their cases won’t be delayed due to a waiting period for divorce. The state legislature doesn’t require any. This implies that after filing you can easily move on to the following steps in your marriage termination timeline and come to an end quickly. So, in New York, it depends largely on your desire to cooperate and the effort invested in how quickly your case is finalized. 

The only two factors that can prevent you from fast processing are residency requirements and the reason for divorce. For the first one, you have to reside in your state and county for a stipulated time before filing. And then you have to define whether you choose one of the seven official faults to ruin your marriage or define your relationships as irretrievably broken. After that, you can file for divorce and process to the further step without any postponing.  

Uncontested Divorce Timeline 

If you target getting a divorce in New York quickly and beneficially, uncontested divorce is the right option for you. Putting in thorough efforts and handling the process amicably will help you end your marriage in as fast as six weeks. Still, an average timeline of uncontested divorce of 3 months will look like this: 

  1. Filing – you need to collect the required docs, fill out the forms with your attorney, via online services, or by yourself, pay the filing fees, and hand everything to the local court. If you have come to an agreement with your spouse on major divorce issues already, you can complement your divorce pack with your settlement agreement as well.  
  1. Serving – serve your spouse to announce your marriage termination officially no later than 120 days once divorce papers are filed 
  1. Getting a response – wait for your spouse to hand in the official answer and agree on the divorce conditions.  
  1. Calendaring – as soon as your spouse has agreed to the divorce terms you can file all the remaining docs and get your case handed to the judge. 
  1. Getting a judgment – if your agreement meets the local legislature and all your papers are accurate, the judge will approve your divorce and grant you the Judgment of Divorce.  

Despite the fact that you terminate your marriage without any disputes, it is always recommended to consult relevant specialists and decide what is best for you and your family. A team of professionals will also get the process optimized and bring it to the end quickly and without any delays.  

How Long Does a Contested Divorce Take In NY? 

In addition to all the mentioned steps above, the average contested divorce in NY includes several more complicated procedures that drag out the case up to between 9 months and a year on average. The contested process will also include a preliminary conference to collect the info on the disputes to solve in the court later; discovery to review the details on the contested issues; a trial or several trials to find the best solutions to your marital and divorce disagreements.  

If you fail to commit to the process and cooperate with your attorney and other related experts, expect your case to last over a year and waste your money and time as a result. 

When Divorce is Final in New York? 

As soon as you settle all the disagreements and document the possible solutions for your divorce issues, you can bring your marriage termination to the final stage. The NYC divorce process will be considered final once the court approves your divorce agreement to meet the local law and a sense of fairness and equitability. Then the Judgment of Divorce will be passed to you and your case will be finalized. If the judge you choose is available, the procedure is performed with no delay as long as all the requirements are fulfilled on your side.  

Divorce in the NY State can be fast and optimized if you wish it. Explore the local legislature to fit all the requirements. Do your best to prepare thoroughly. Opt for an uncontested divorce if you have such an opportunity. Follow the stipulated procedure and get your case to the end in 3 months or even faster without complications.

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