When a couple decides to divorce, there can be a significant amount of fear and apprehension when thinking about the process and how long they may need to endure the process. While for many, a divorce is a painful time filled with frustration and animosity, others view it as a time to start over on a fresh path. No matter how you view divorce, the one lingering thought likely involves one question: how long does it take to divorce in New York?
The type of divorce and the circumstances surrounding it can all influence how long it will take to reach the final divorce settlement. There are several factors of divorce, and each can impact the final timeline.
New York is one of the few states without a wait time for divorce. In some states, this means that couples must separate for a specific amount of time before moving forward. However, in New York, the couple only needs to fulfill the residency requirement. If they just moved to New York, then the couple could be looking at two years before their divorce is finalized.
The type of divorce that you are filing can significantly affect the timeline. If you and your spouse can quickly agree on the terms of your divorce and that it should occur, then you likely will only need to wait for the court to confirm the agreement before your uncontested divorce is finalized, which could take place in as little as six months. If, however, your amicable conversations turn into disagreements and you cannot reach common ground, your divorce could take months to finalize.
When parties do not agree, the timeline really becomes unknown. As long as the couple argues and refuses to cooperate with one another, the final divorce could seemingly never end. In a divorce, each spouse has certain documents and evidence that they must produce. However, a spouse who is uncooperative can prolong the process. With each refusal, there are further steps that attorneys must take to get the person to comply under court order.
If your spouse has disappeared, there is a process for locating them, which must go through your attorney and the court system. If that is unsuccessful, there is another process to have a court ruling finalize the divorce without the other party. Each step adds more time for the spouses to engage in the process.
Unfortunately, many courts have a large backlog of cases. From the time you file, you are at the mercy of the court’s timeline. This could mean that you are waiting for months before your case is initially heard. Which county you live in could also impact the amount of time it takes the court. Busier counties may take even longer to process your filing.
If your case is dependent on litigation, this becomes an even bigger factor. If you are open to mediation, then you could bypass some of the court time and speed up the divorce process. This only works if both spouses are willing to engage and cooperate.
In addition to these factors, there are other considerations that can prolong your divorce proceedings. The complexity of your case, such as the involvement of children, extensive assets, or property ownership, could also add to your divorce timeline. If one or both spouses are engaged in their own business or a joint venture, then coming to terms with how that will be divided could be a source of contention.
Other aspects to consider in your divorce timeline include:
Each element of the divorce settlement becomes a factor in the final timeline. Ultimately, the more a couple can agree and work amicably, the quicker the divorce process can be. However, if one person is purposely uncooperative, it can prolong the process for months or even years.
A: The average timeline for a divorce in New York is approximately 9.5 months. As compared to the national average of 11 months, New York generally has a fast process. The reason for the quicker timeline is New York’s decision to forego a waiting period prior to a divorce. In other states, waiting periods allow couples time to work out the details of the divorce agreement or reconcile.
A: The quickest way to get a divorce in California is to file for an uncontested divorce. In some places, this process could take a total of 6 weeks after filing. In an uncontested divorce, the couple has already agreed to all the terms of the divorce and is simply looking for the agreement to be certified by a judge.
A: The first step is to hire an attorney who can help guide you through the remaining steps. They can then help you prepare the filing and submit it to the court. Once the court has reviewed the filing, the other spouse will be served with the filing and is then given time to respond to the order. If all parties agree to the terms, the finalization can begin. If, however, there is disagreement, the couple will enter into mediation, arbitration, or litigation.
A: The total amount that a divorce could cost in New York will vary, depending on the circumstances of the case. However, the average cost for a divorce is $17,000. An uncontested divorce, however, could cost significantly less because the couple does all the work and the attorneys simply review the information and file the necessary documents in court. Those with more assets or more complicated matters could cost significantly more.
Divorce can be a complicated process that can last for weeks, months, or years. Each divorce is different, and the circumstances of your divorce will determine the timeline that you could be facing. If you have questions about the length of time that your divorce could take, contact the team at Trotto Law Firm, P.C.
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