Divorce can become a long and tedious process for all parties involved. Each party wants to know, “How long does an uncontested divorce take in New York?” and come to a resolution as quickly as possible. The biggest factor in determining how long the divorce will last is whether the divorce is contested or uncontested. In either type of divorce, a New York divorce lawyer is valuable.
While there are numerous resources available to guide you through the process, an experienced New York divorce attorney can explain the steps for divorce proceedings in the state of New York, along with the New York divorce laws relevant to your case. Trotto Law Firm, P.C., can provide experienced guidance for your uncontested divorce.
Contested Divorce vs. Uncontested Divorce
In 2024, an average of 635,855 New York residents were divorced. The state had a divorce rate of 2.4 divorces per 1,000 residents in 2023.
It is important to understand the differences between a contested divorce and an uncontested divorce. A contested divorce happens when both parties cannot agree on the terms of the divorce agreement. This type of divorce will often require the involvement of attorneys, court hearings, witnesses, and a ruling from the judge. All these steps can lengthen the divorce process.
An uncontested divorce occurs when both parties can mutually agree on the terms of the divorce agreement. In these cases, it is often unnecessary to have a court hearing or witness testimonies. Engaging proper legal counsel can still be a benefit, as having an experienced family law attorney review the divorce agreement can be beneficial.
Process for an Uncontested Divorce
The typical uncontested divorce process includes the following steps:
- Filing. The first step is to file a summons at the county clerk’s office. This is where the initiating spouse, who is also known as the plaintiff, files the divorce. The other spouse, known as the defendant, is served the divorce papers.
- Serving. The defendant is served with the divorce papers, along with any other relevant information.
- Response. The defendant generally has twenty days to issue a response to the divorce papers. The three types of responses can be agreement, contesting, or no response. If there is no response, a default judgment could be made.
- Scheduling. In an uncontested divorce, the defendant will respond with an agreement to the divorce. Once the required documents are filled out, notarized, and submitted, the case is ready for the judge’s review.
- Judgment. Once all the required documents have been submitted, a judge will review the documents and sign a judgment of divorce document. The defendant will be served this document, finalizing the divorce.
Eligibility Checklist for an Uncontested Divorce in New York
To be eligible for an uncontested divorce, several requirements first need to be met. The residency requirements include several options, such as the following:
- One spouse has lived in New York continuously for the past two years before filing for divorce.
- One spouse has lived in New York continuously for the past year before filing for divorce, and the marriage has a connection to the state. This can include the marriage taking place in New York, both spouses living together in New York during the marriage, or the reason for the divorce occurring in New York.
- Both spouses are New York residents when they file for divorce, and the reason for the divorce occurred in New York.
To be eligible for a no-fault divorce, meaning that neither spouse is claiming a specific reason for the divorce, the marriage must have been over for at least six months before filing the divorce case. All legal issues must be agreed upon by the couple or through a court order, including:
- Whether to award spousal maintenance and how much will be paid
- How to divide property and debt between spouses
- How child custody, visitation, and child support will work if children are involved
If even one of these issues is disputed by either spouse, the divorce becomes contested, even if the spouses agree on all other aspects of their legal issues.
If the divorcing couple doesn’t have any children under 21 years old, the process for divorce is simpler, with fewer forms involved. However, if the couple has children under 21 years old, there are extra required forms, and parenting plans must be made, even if both parents agree on how to handle their children post-divorce.
The Timeline of an Uncontested Divorce
In general, an uncontested divorce can be finalized in several weeks to a few months. The timeline will largely depend on:
- How quickly divorce documents can be signed and notarized
- How quickly the spouses can coordinate and work together
- How long it takes to get the documents before a judge
Two Types of Uncontested Divorce Cases in New York
In New York, how the served spouse responds to your divorce papers can change the entire timeline of the case. If the served spouse signs and returns the Affidavit of Defendant, you can then file the remaining divorce papers and put your case on the court calendar right away.
However, if the served spouse doesn’t return the Affidavit of Defendant or try to contest the divorce, this is considered a defaulted divorce. In this situation, the filing spouse would then need to wait 40 days from the day they served the other spouse to file the rest of the divorce papers and put the divorce on the court calendar.
If the served spouse files a Notice of Appearance, the divorce is no longer considered uncontested. This can make the entire divorce process lengthy and full of disputes.
These three situations can drastically change the timeline of a divorce. It’s important to hire a divorce lawyer in every scenario, as they can explain your legal rights and what to expect during legal proceedings.
FAQs
Q: Do I Have to Go to Court for an Uncontested Divorce in New York?
A: For an uncontested divorce, it’s fairly unlikely that divorcing spouses will have to appear before the court. As long as spouses can settle on all terms of the divorce agreement, it’s unlikely that they will have to appear before the court. However, if children are involved, this may increase the likelihood of appearing before the court. A judge will always work to meet the best interests of the child in every divorce.
Q: What Is the Fastest Way to Get a Divorce in New York?
A: An uncontested divorce, in which both parties agree to all terms of the divorce agreement, can be finalized in a few weeks. This timeline can vary, depending on the details and complexity of the divorce. It can also depend on the time of the year, as courts are generally closed on holidays. In an uncontested divorce, both parties can get the necessary paperwork from the county clerk’s office and file it with the county clerk.
Q: How Much Does an Uncontested Divorce Cost in New York?
A: Generally, the only required cost involved in an uncontested divorce may be the court filing fee. If both parties agree to all the terms of the divorce agreement, there is no need to go to trial or before a court. There are instances in which parties cannot agree on the terms, and divorce attorneys become involved. Each case is unique, but if both parties come to a full agreement, the costs can be minimal.
Q: Do You Have to Be Separated for a Year to Get a Divorce in New York?
A: In New York, you may or may not have to be separated for a year before getting a divorce, depending on the type of divorce you’re filing for. If you’re filing for a no-fault divorce, then spouses typically have to be separated for at least a year beforehand. If one party seeks a divorce based on the fault of the other party, it’ll depend on the fault. The grounds for an at-fault divorce can include adultery, imprisonment, abandonment, and cruel treatment.
Hire a Divorce Lawyer to Get the Legal Help You Need
Filing for a divorce can be a long and tedious process. Generally, all parties want the divorce to be processed and finalized as quickly as possible so they can get on to the next stage of their lives. An uncontested divorce is usually smoother and quicker than a contested one, but questions and complexities can arise while working through the divorce process. You deserve to receive accurate answers to any questions you may have.
Trotto Law Firm, P.C., can answer those questions and explain how New York State family law functions. Our legal team can provide assistance, whether the divorce is contested or uncontested, and whether there are children involved or not. We are dedicated to serving clients in the state of New York. Contact our legal team to see how we can work to get your divorce finalized in a reasonable and timely manner.
