How Long Does a Divorce Take in New York?

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?

When most people have decided to get a divorce, there is little chance of reconsideration. By the time they’ve settled on a divorce, they’re ready to go through the process quickly and move on. Long, drawn-out divorces can be stressful, emotional, and difficult for spouses and their children. Therefore, one of the most frequent concerns brought to a New York divorce lawyer is the issue of the amount of time the divorce will take to be finalized.

How Long Does It Take to Get a Divorce in New York?

There’s no simple answer to how long it takes to get a divorce in New York. Every divorce is a bit different in that the many factors that influence the timeline will differ from divorce to divorce. Depending on the situation, a divorce could be finalized in just a few months or drag on for years. However, divorces in New York can often go more quickly than those in other states.

One of the most important elements in the timing of a divorce in New York is that there is no mandatory waiting period that needs to be observed before a divorce can proceed. In many states, there is a requirement that couples must live separately for around six months to one year, with at least one of them intending to divorce before they may legally divorce. New York does not have any requirement like this.

What Are New York Residency Requirements for Divorce?

Although New York’s lack of a waiting period can make divorces quicker for some, the state has complex residency requirements that can force others to wait. For those who have always lived in New York and were married here, these aren’t an issue. However, others must meet one of the following qualifications before they can divorce in the state:

• If the marriage didn’t take place in the state, one or both spouses have been living in New York for at least two years before the divorce.
• The reason for the divorce occurred in New York, and both spouses were residents at the time.
• The marriage ceremony was held in New York, and one spouse was a resident for a minimum of one year prior to filing for divorce.
• The couple was living together in New York with at least one as a resident for one year before the divorce.

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.

Factors Contributing to Divorce Timelines

As long as residency requirements are met, one of the biggest factors influencing timing is whether the divorce is contested or uncontested. The difference between these categories is whether or not couples can come to an agreement on the major elements of the divorce.

If things like child custody, property division, spousal maintenance, and other issues can be resolved quickly and are uncontested, a divorce could be finalized within two to six months in most cases. However, if a divorce is contested and there is significant conflict around these issues, it’s not uncommon for some divorces to take years to proceed.

Beyond these major elements, things like completing and filing paperwork promptly and the court’s current caseload can all have a minor effect on the timing. One of the most effective means of accelerating the process is working with a Rochester, NY divorce lawyer.

They can help with ensuring paperwork is filed properly, and a separation agreement is complete and meets all requirements. They can also be a tremendous help in negotiating the central elements of the divorce, minimizing conflict, and resolving things quickly.

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.

Spousal Disagreements

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.

The Availability of the Court

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.

Other Factors in Your Divorce Timeline

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:

• How complex each spouse’s assets are
• The financial dependency of one spouse versus the other
• The circumstances of your case, including whether it is filed as fault or no-fault

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.

FAQs About New York Divorce Timeline

How Long Does the Average Divorce Take in New York?

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.

What is the Fastest Way to Get a Divorce in New York?

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.

What Is the Divorce Process in New York?

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.

How Much Does Divorce Cost in New York?

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.

Can a Spouse Refuse to Divorce in New York?

In New York, there is no means by which a spouse can prevent a divorce from occurring, as the state allows for no-fault divorce. However, this does not mean they don’t have the ability to make the process difficult. When a divorce is contested, and there is significant conflict around important issues, such as child custody, property division, and spousal maintenance, it could cause the process to drag on for years.

How Long Must You Be Separated Before You Can Get a Divorce in New York?

Some states require a period of separation and living apart before a divorce can take place. New York, though, is not one of those states. There is no wait time for a divorce, so as long as you meet the residency requirements, you can file for divorce as soon as you decide that it is the right choice for you.

How Can a Divorce Lawyer Help With the Time It Takes to Get a Divorce?

A lawyer can accelerate the divorce process by using their knowledge and experience to smoothly and quickly negotiate a separation agreement, as long as the other side is willing. Trying to fill out paperwork and negotiate by yourself can make a divorce take much longer.

What Should I Look for in a New York Divorce Lawyer?

You want a lawyer with a depth of knowledge and experience in divorce and family law, but it’s also important that you find someone who you are comfortable with. You want to be sure you can trust your lawyer with such important matters. Your lawyer should also be transparent about costs before you begin working together.

Trotto Law Firm, P.C., Can Help Your Divorce Go More Quickly

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.

The pace of your divorce will be influenced by both you and the other spouse. This lack of control can leave people feeling frustrated, but as long as both sides are working with a New York divorce lawyer, the process will be much quicker.

Divorce lawyers have extensive experience in handling divorces and are familiar with the challenges that can arise throughout the process. We can also help with setting expectations that can reduce the likelihood of conflict and give you peace of mind.

At Trotto Law Firm, P.C., we work with our clients to make the divorce as smooth a process as we possibly can. Contact us for help with your divorce.