Every divorce is unique. Based on the complexity of each case, the time period for the closure of a dissolution case can vary. For example, suppose you are going through a dissolution case. In that case, the very first doubt in your mind would be, “How long divorce take in New York?” the type of divorce you are opting for, the involvement of children, the number of properties and shared assets you possess – all of such factors go into determining how long divorce take in New York. The following post will explain the various factors affecting the timeline of a divorce case.
The Type of Divorce You Choose
Divorce can be categorized into two – Contested and Uncontested. If you are new to dissolution, you must understand the primary difference between the two.
A contested dissolution occurs when the spouses involved do not mutually agree over important elements associated with divorce. For example, child custody, asset distribution, alimony, and visitation rights. Since a lot of arguing and negotiation goes into a contested divorce type, determining how long divorce takes in New York might be tricky. Based on the complexity of the case and the value of the assets involved, a contentious issue could take years for the final decree to be passed.
An uncontested divorce is when both partners involved in dissolution agree on all important elements associated with the divorce. On a general note, uncontested divorces usually do not require court involvement. With little legal guidance, an uncontested divorce can be filed and resolved within a period of 6 months.
Improper data or late report filing are a few factors that could delay uncontested divorces by a few more months. Hence, consider retaining an experienced attorney like the ones at The Law Offices of SRIS, P.C., to help you with the initial paperwork and submission process.
Involvement of Children
The next factor determining how long divorce takes in New York is the involvement of children. Child custody, child support, and visitation rights are more complex than they sound. Negotiating over child custody and support can lengthen the divorce process by months. Towards the end of the day, the judge would favor the child’s interest alone, so whatever decision the parents take regarding child custody and support must be in their children’s best interest. Hire a highly efficient lawyer to assist you with the negotiation if you are worried about how long divorce takes in New York.
Shared Assets and Debts
If you and your spouse share a lot of assets in common, then the answer to “How long divorce take in New York?” would depend on the total value of assets and the complications involved in having the property distributed. Another element determining how long divorce takes in New York is the presence of debts. Division of debt and taking up financial responsibility can take up half of your negotiation timeframe.
Financial Dependence
How long a divorce takes in New York is also determined by how badly a spouse financially depends on the other partner. For example, is the spouse fit enough to start looking for employment? Did they have any previous source of income? How much spousal maintenance would be enough to support your spouse? All of these questions need to be answered to prepare an estimate of how long divorce take in New York.
No-Fault vs. Fault Divorce
Another vital element determining how long divorce take in New York is the type of ground you choose for your divorce. A no-fault ground is one in which you need not specify the mistake or fault of your spouse as the reason for the marital breakup. Instead, you need to mention that your marriage has broken irretrievably. On the other hand, a fault divorce may require you to state a valid reason for the divorce. In addition to stating the reason for divorce, you may also be required to provide proof.
A no-fault divorce is much easier and quicker to process than a fault-based divorce. So, if you have doubts about how long divorce takes in New York and want a quicker dissolution, consider opting for a no-fault divorce.
How long divorce take in New York?
If you are still wondering how long divorce takes in New York, talk to our lawyers at The Law Offices of SRIS, P.C. for better understanding. Our lawyers can give you a clear estimate of how long divorce take in New York and the elements that could help accelerate the process.
Do not delay any further; contact us for a quick divorce.