How Long Does a Divorce Take in New York

May 5, 2023 Amanda

How Long Does a Divorce Take in New York

Grounds for Divorce	Minimum Timeframe	Average Timeframe	Maximum Timeframe
No-Fault Divorce	6 months	9 months	12 months
Uncontested Divorce	3 months	4 months	6 months
Contested Divorce	6 months	12 months	24 months

Introduction

The length of time it takes to complete a divorce case in New York can vary widely depending on several factors:

The type of divorce (contested or uncontested)
The complexity of issues involved (such as child custody, property division, spousal support)
Whether both parties are willing to negotiate and compromise
The workload and backlog of the court handling your case

In general, an uncontested divorce tends to move more quickly through the courts than a contested one. An uncontested divorce means that both spouses agree on all key aspects of their separation such as division of assets and debts, alimony payments if any etc.. In contrast, when couples have disagreements about key issues like child custody or spousal support they might need to go through mediation or court hearings which could slow down the process considerably.

Understanding Divorce in New York

During the course of your case there might be several steps that need to be taken such as:

Discovery: This refers to gathering evidence about each party’s assets, debts, income and any other relevant information necessary for settlement negotiations or court proceedings
Negotiation/Settlement: If both parties are willing to negotiate an agreement on key issues like child custody/visitation rights/support payments/alimony/spousal support then it will save time & money by avoiding trial & hearing processes where lawyers’ fees could quickly add up.
Trial/Hearing:If parties cannot reach an agreement on key issues through negotiation/settlement then court hearings/trials may become necessary. It is generally best to avoid this stage because it is costly (attorney fees), emotionally exhausting/stressful/time-consuming etc..

An experienced attorney can guide you through each stage of the divorce process and help you understand your legal rights and options.

Types of Divorce

Besides these two main types of divorces in New York state law recognizes some other special categories too which include :

No-Fault Divorce: A no-fault divorce is granted if either spouse has been living apart for at least one year or if there’s proof that the marriage has irretrievably broken down due to cruel & inhuman treatment/abandonment/adultery/imprisonment
Simplified Divorce: This type of divorce only applies when couples have been married for less than five years and do not have children or significant assets/debts.

An experienced attorney can help you determine which type of divorce will be best suited for your situation depending on several factors such as time/money/emotions etc.

Uncontested Divorce

If both spouses can come to an agreement on these matters, then it is possible to get a divorce without going through lengthy court proceedings. Instead, they can file a joint petition for an uncontested divorce.

In order to qualify for an uncontested divorce in New York, there are some requirements that must be met:

The couple must have been married for at least six months before filing for divorce.
The couple must have resolved all issues related to the divorce, including child custody and support, spousal support or alimony, division of property and assets etc..

An experienced attorney can help guide you through the process of obtaining an uncontested divorce in New York. They will ensure that all legal requirements are met and help you negotiate favorable terms with your spouse so that you can move forward with your life as quickly as possible.

Contested Divorce

Here are some important things to know about a contested divorce in New York:

Lawsuit: The process starts with one spouse filing a legal complaint or lawsuit against the other
Response: The other spouse must respond within 20 days by filing an answer & counterclaim if they want to dispute any claims made by their partner
Discovery: This stage involves gathering evidence & information from both sides through depositions/interrogatories/subpoenas
Negotiation/Settlement:If possible, the lawyers may try to negotiate a settlement agreement on behalf of their clients before going to trial/hearing.

An experienced attorney can help you navigate this complicated process and protect your rights while fighting for what’s best for you and your family.

Default Divorce

This type of divorce is typically faster than other types since there’s no need for negotiation/settlement processes or trials/hearings; however, it is crucial that all necessary steps are followed correctly and in accordance with state law. An experienced attorney can help guide you through this process.

Grounds for Divorce

It’s important to keep in mind that proving fault-based grounds such as cruelty or adultery requires evidence and could prolong proceedings leading to higher legal fees. That’s why many couples opt to file under “no-fault” ground which is relatively quicker & cheaper way of getting divorced instead of filing under traditional “fault”-based reasons (such as cruel treatment etc..).

No-Fault Grounds

No-fault divorces tend to be simpler and less expensive than contested ones because they do not involve proving fault or blame on either party’s part. However, it’s always advisable to consult an experienced attorney who can help guide you through the process and ensure your rights are protected throughout every stage of your case.

Fault Grounds

If you plan to seek a divorce based on fault grounds, it’s important to have evidence to support your claim. An experienced attorney can help you gather evidence and build a strong case.

It’s worth noting that seeking a divorce on fault grounds can make the process longer and more expensive than a no-fault divorce. Additionally, it may not necessarily result in a better outcome in terms of property division, alimony payments or child custody arrangements.

The Process of Divorce in New York

An experienced attorney can help guide you through each stage of your case so that you can make informed decisions about your legal rights and options. Working with an attorney can also help ensure that all necessary paperwork is properly filed so that your case moves smoothly through the court system as quickly as possible.

Filing for Divorce

When filing for divorce in New York, there are certain steps you should follow:

Meet the residency requirement: In order to file for a divorce in New York, either spouse must have lived in the state continuously for at least two years prior to filing or have been married and living with their spouse in New York on the day of filing.
Gather necessary documents: You will need several documents including your marriage certificate, financial statements, tax returns etc. to help your attorney build a strong case and represent you better
Hire an experienced attorney: Filing paperwork can be complicated & confusing. Therefore it’s always advisable to work with an experienced attorney who is familiar with local court rules & procedures as well as various legal options available under NY state law.

An experienced attorney can guide you through each step of the process and help ensure that all forms are filed correctly so that your divorce proceedings move forward smoothly.

Residency Requirements

In addition, if there are any children involved in the case then it is important to keep their best interests at heart while making decisions regarding custody/visitation/support payments etc. It’s a good idea to consult with an experienced family law attorney who can help you navigate through this complex legal process as smoothly as possible

Filing the Forms

All these documents must be filed in the county where you live. After filing, you will have to serve copies on your spouse within 120 days if they live in New York State. If not, then extra time may be allowed. Your attorney can help ensure all necessary paperwork is completed correctly and filed on time.

In addition to submitting these initial forms, you may also need to file additional documents during discovery or settlement negotiations depending on specific circumstances like:

The complexity of issues involved
Your personal goals/objectives

An experienced family law attorney can assist with determining which forms need to be filed based on individual circumstances and provide guidance through each step of this often-complicated process.

Serving the Papers

Your attorney will assist you in preparing and filing all necessary legal documents including the Summons & Complaint which formally initiates the case. Once served, your spouse has 20-30 days (depending on how they are served) to respond and file their own response known as an Answer. If no answer is filed within this time period then a default judgment might be granted against them depending upon certain circumstances.

Discovery

Discovery is an essential part of the divorce process in New York. It involves both parties disclosing all relevant information to each other and their attorneys. This step helps ensure that each spouse has a clear understanding of the financial situation, assets, debts, and any other relevant information necessary for settlement negotiations or court proceedings.

The discovery process can include:

Interrogatories: Written questions that must be answered under oath by the opposing party
Requests for production of documents: A request asking for specific documents like bank statements, tax returns etc..
Depositions:A deposition is a formal interview conducted under oath where one party answers questions from an attorney representing the other side.

An experienced attorney will help you through this stage by advising you on what documents/information are needed and how to respond to requests made by your spouse’s lawyer during this phase.

Exchange of Information

During the process of a divorce case, both parties are required to provide financial information and other documentation as part of the discovery process. This is known as exchange of information.

Financial Disclosure: Both parties must disclose their income, assets, liabilities and expenses by submitting documents like tax returns, bank statements etc. This helps in determining equitable division of property & support payments for children or spouses
Discovery Demands:The parties can ask each other to answer written questions about finances/assets/liabilities/income/expenses under oath through interrogatories or request documents such as emails/phone records/bank account statements/tax returns etc..

If either party fails to comply with these requests or provides false information, it could lead to legal consequences including fines & penalties, loss of credibility in court hearings/trials and even criminal charges in some cases. Therefore it is important that you consult an experienced attorney who will guide you through this process efficiently.

Interrogatories

The answers provided by interrogatories can be used as evidence during settlement negotiations or trial proceedings. It is important to answer these questions truthfully and accurately as lying under oath could result in serious consequences like perjury charges.

If you receive interrogatories from your spouse’s attorney it is important to consult with an experienced family law attorney who can help you understand what information needs to be disclosed, how best to respond etc.. This will ensure that you avoid any missteps that could jeopardize your case.

Depositions

Depositions are a part of the discovery process in which both parties’ attorneys get to ask questions of witnesses under oath. This is done outside of court and with no judge present. Depositions are useful for:

Gathering evidence
Evaluating the strength of each party’s case
Preparing testimony for trial or hearing.

If you have been asked to give a deposition, it is important that you prepare carefully by reviewing relevant documents and practicing answering potential questions.

An experienced attorney can help guide you through this process and ensure that your rights are protected during the deposition.

Subpoenas

One of the legal tools that may be used during a divorce case is a subpoena. A subpoena is an order from the court that requires a person to appear in court or produce documents/records relevant to the case. The following are some important points about subpoenas:

Who can issue subpoenas? Subpoenas can be issued by either party’s attorney or by the court clerk
What types of information can be requested through subpoenas?Subpoenas might request financial records, medical records, employment records, tax returns etc., depending on what information might be relevant for your specific case.
What happens if someone ignores a subpoena?If someone fails to respond to a subpoena then they could face penalties such as fines/jail time/contempt charges and it could also affect their credibility in future proceedings too.

An experienced attorney can help you determine when and how subpoenas should be used in your particular situation.

Negotiations and Settlements

In general, it is best to avoid court hearings/trials if possible because they are expensive (lawyer fees), time-consuming & emotionally draining/stressful etc.. By coming up with an amicable agreement through negotiation/settlement couples may save themselves money/time/and emotional distress while maintaining control over their situation rather than letting a judge decide what happens next.

Mediation

Mediation is a process where both parties work together with a neutral third-party mediator to negotiate and come up with an agreement for the terms of their divorce. Here are some key things you should know about mediation:

Voluntary: Mediation is voluntary, meaning that both parties have to agree to participate in the process.
Neutral Third-Party: The mediator is a neutral third-party who does not represent either party but rather helps facilitate negotiations between them.
No Court Hearing Required: If the couple comes to an agreement during mediation, they can avoid having to go through court hearings or trials which could save time and money.

If you are considering mediation as an option, it is important that you consult with an experienced attorney first so that you fully understand your legal rights and options before entering into any agreements.

Collaborative Divorce

In a collaborative divorce, all parties sign an agreement committing them to work together towards an amicable resolution. This means that if either party decides to go to court then their lawyers must withdraw from the case. Collaborative divorces tend to be less contentious than other types of divorces as they focus more on problem-solving rather than arguing over rights/entitlements etc..

If you’re considering getting divorced it’s important to explore all your options including collaborative divorce before making any decisions about how best to proceed forward with your life post-divorce.

Settlement Agreement

The settlement agreement can be reached through negotiation or mediation before going to court for a hearing/trial. An experienced attorney can help you draft an agreement that takes into account all relevant factors while ensuring that it complies with New York state law.

If both parties are able to agree on key issues like division of assets, child custody/visitation rights/support payments then it will save time & money by avoiding trial/hearing processes where lawyers’ fees could quickly add up. However, even if both parties have agreed in principle on key issues, it’s important to have an experienced attorney review the final settlement agreement before submitting it to the court.

Trial

If a couple cannot reach an agreement on key issues through negotiation or settlement, then trial may become necessary. Here’s what you need to know about the trial process:

Presentation of Evidence: During the trial, each party presents evidence and witnesses to support their case.
Judge’s Decision: After all evidence has been presented, the judge will make a decision on any outstanding issues such as property division, child custody/visitation rights/support payments/alimony/spousal support etc..

The length of a divorce trial in New York can vary widely depending on several factors including how many issues are contested and how complex those issues are. The cost can also add up quickly because lawyers’ fees could be high during this stage.

Pretrial Conference

If all issues are not resolved during the pretrial conference then either party may request a court date for a formal divorce hearing/trial which could take months or even years depending on factors like complexity of issues involved, backlog of courts etc.. An experienced attorney can help you prepare for this stage as well as guide you through each step of the process.

Motions

Motions are requests made to the court for a particular action or ruling. There are several types of motions that can be filed during a divorce case in New York:

Temporary Relief Motion: This is when one spouse asks the court for temporary relief before the final judgment is issued, such as requesting child custody or support.
Motion to Dismiss: This motion is used when one party believes that there is no legal basis for the divorce and wants it dismissed.
Motion for Summary Judgment: This motion is used by either party when they believe there are no issues left to resolve and want to end the case without going through a trial.

If you need assistance filing any type of motion, an experienced family law attorney can help you navigate this process smoothly while protecting your legal rights.

Trial

Going through a trial can be stressful and time-consuming, but it may be necessary if you cannot settle your case out of court. An experienced attorney can guide you through each stage of the divorce process including preparing you for trial so that you feel confident about presenting your case in front of a judge or jury.

Factors Affecting the Length of Divorce Proceedings

In addition, there are some other factors that could potentially delay your divorce proceedings such as :

Filing Process:If you make errors while filing paperwork or if one party contests any aspect of the case it will further prolong the process
Negotiations/Agreements: If both parties cannot come to an agreement on major issues such as alimony/spousal support etc..then this would cause delays because multiple negotiation attempts would have to take place before going ahead with hearing/trial stages.

An experienced attorney can help you navigate these potential obstacles and provide guidance on minimizing delays during your divorce proceedings.

Complexity of the Case

The complexity of the case is one of the most important factors that determine how long a divorce will take to complete. The following are some issues that may make your divorce case more complex:

Child Custody: When there are disputes over child custody, it can prolong the process as both parties might be unwilling to compromise
Division of Property/Assets: If couples have significant assets or debts and cannot agree on how they should be divided then it can lead to a contested divorce with additional court hearings and trials.
Spousal Support:If one party wants spousal support/alimony payments from another party then it could become contentious and time-consuming.

An experienced attorney can help you navigate through these complexities, gather evidence, negotiate settlements, represent you in court (if necessary), and ultimately achieve an outcome favorable for you.

Cooperation between Parties

If both parties can work together cooperatively, it’s possible to complete a divorce case more quickly with less stress and expense. However, even if cooperation seems impossible at first, an experienced attorney can help guide you through negotiations or court proceedings so that you achieve the best possible outcome.

Court Schedule and Backlog

If you want to avoid lengthy court backlogs/schedules then an uncontested divorce might be your best option because they tend to move through the system faster. However, if you do need a trial/hearing in front of a judge then make sure you work with an experienced attorney who can help expedite your case as much as possible while still protecting your interests.

How Long Does a Divorce Take in New York?

If you have an uncontested divorce, meaning that there are no disagreements between spouses about key issues like alimony payments or child custody arrangements then you may be able to get divorced relatively quickly with little hassle. In some cases this could take as little as a few months.

On the other hand, if you have a contested divorce where spouses cannot reach an agreement on one or more key issues such as spousal support/alimony/child custody etc.. then it will likely take much longer due to additional legal proceedings needed such as mediation sessions/court hearings/trials. These types of divorces could take anywhere from six months up to several years depending on how complex they become.

Average Timeframe for Uncontested Divorce

If there are no complications and both parties cooperate throughout the process then a typical timeframe for an uncontested divorce in New York is:

4-6 weeks if there are no children involved
3-4 months if there are children involved since court requires additional paperwork including parenting plans & schedules

Please note that these estimates may vary depending upon individual circumstances. An experienced attorney can help streamline the process and ensure that all necessary steps are taken to expedite your case.

Average Timeframe for Contested Divorce

It’s important to remember that every divorce is unique, so there’s no one-size-fits-all answer when it comes to predicting how long a contested divorce will take. An experienced attorney can help you navigate through the entire process by providing legal counsel/representation at every step along with emotional support/counseling if required

Factors That Can Speed Up or Delay the Process

There are several factors that can speed up or delay the divorce process in New York:

Agreement on key issues: If both parties can agree on all aspects of their separation including child custody/visitation rights/support payments/alimony/spousal support etc., then it could speed up the process considerably.
Complexity of issues involved: If couples have disputes over assets, debts, income, property division or any other significant matter then it will delay the process as negotiation and mediation may take longer.
Court’s workload/backlog: The volume of cases pending before a court and its capacity to handle them also affect how quickly your case gets resolved. Some courts are busier than others depending on location/demand etc..

An experienced attorney can help you navigate through these factors and advise you how to proceed for achieving a quick resolution while protecting your legal rights.

Conclusion

If you’re considering filing for divorce in New York, speak with an experienced attorney who specializes in family law matters. They can help ensure that your interests are protected throughout the process so that you can move forward with confidence knowing that everything has been taken care of properly.

FAQ on ‘How Long Does a Divorce Take in New York’

Q: What is the average length of time for a divorce in New York?

A: The average length of time for a divorce in New York is around 12-18 months.

Q: Are there any requirements that must be met before filing for divorce in New York?

A: Yes, one spouse must have been living in New York for at least two years before filing for divorce.

Q: Can the length of a divorce be shortened?

A: Yes, if both parties can come to an agreement on all issues involved, they can file an uncontested divorce which can take as little as three months.

Q: What factors may prolong the length of a divorce in New York?

A: Factors that may prolong the length of a divorce include disputes over child custody and property division, complex financial situations, and disagreements over spousal support or alimony.