If you are a New York resident, you may be wondering how long it takes for a divorce in New York. The answer is that it depends. There is no set time for how long does it take for divorce in New York, but it is generally faster than in other states because New York only needs couples to wait 6 months or a year before a judge can grant a divorce.
If you are planning to get a divorce, you should consult with a divorce lawyer. The Law Offices of SRIS.P.C. has lawyers who can provide legal advice on how to proceed with your divorce.
How long Can a Divorce Take in New York?
Getting a divorce is not easy. It is a long and stressful process. It is also important to know that the longer the divorce takes, the more expensive it will be.
There are two types of divorces:
- Contested
- Uncontested
An uncontested divorce occurs when both spouses agree on the terms of the divorce. This type of divorce takes 2-3 months to complete.
A contested divorce occurs when the spouses do not agree on the terms of the divorce. This type of divorce can take nine months to a year or even longer, depending on the complexity of the case.
What is a Contested Divorce?
A contested divorce is when one spouse does not agree with the terms of the divorce and wants to change them or does not want to get divorced. In a contested divorce, the spouses will often fight over issues such as property division, child custody, and alimony.
If the spouses cannot agree on the terms of the divorce, their lawyers will gather information about their assets, income, and debts. Once the lawyers have gathered this information, they will file paperwork with the court and request a hearing. At the hearing, the judge will decide the terms of the divorce.
What is an uncontested divorce?
An uncontested divorce is when both spouses agree on the terms of the divorce and are willing to sign the paperwork without a fight. This type of divorce is much faster and less expensive than a contested divorce.
To get an uncontested divorce, the spouses must first file paperwork with the court. Once the paperwork is filed, the court will schedule a hearing to finish the divorce. At the hearing, the judge will review the paperwork and make sure that both spouses agree to the terms of the divorce.
What Factors Affect How Long a Divorce Takes in New York?
There are a lot of factors that affect how long a divorce can last. Take the time it takes to get a divorce in New York. The factors are:
- Inability to work together
- Court Availability
- Grounds for divorce
- Spouses are legally separated
- Child custody disputes
- One spouse is financially dependent on the other
- Property disputes
Inability to Work Together:
If spouses cannot agree on key issues, how long can a divorce take in New York? They will need to go through a judge to resolve the issues. This can be a time-consuming and costly process, as they will need to pay their lawyers and court fees.
If one spouse disagrees with something the other wants, they may try to gather financial statements, evidence, or other information to persuade the other spouse to agree. But, this can only prolong the divorce process, as it will take time to gather this information.
Sometimes, one spouse may not show up for a divorce hearing. This will need the other spouse to reschedule the hearing, which can also take time. If one spouse is not known or is no longer in contact with the other spouse, they will need to go through a different process to get a divorce, which can also take time.
Court Availability:
The court may also be a factor in how long a divorce take in New York Courts handle many cases each day, and spouses may need to wait until their case is called. If the court is busy, it may take days or even months for the chance to be heard. The county where the divorce is filed and the court’s workload can also affect the amount of time it takes.
Grounds for Divorce:
The time it takes to get a divorce can vary depending on the grounds for the divorce. The grounds are the acceptable reasons for the separation. There are two types of grounds for divorce:
- No-fault divorce
- Fault-based divorce
No-fault divorce:
The state of New York offers no-fault divorce. This is a divorce where both spouses agree that the marriage is no longer working. To get a no-fault divorce in New York, you must swear under oath that the relationship between the spouses has broken down for at least six months. In some states, this ground is also known as irreconcilable differences or incompatibility.
By choosing no-fault divorce, how long does it take for divorce in New york quickly and without much cost, as long as all economic issues, child support, spousal support, and other issues are resolved.
Fault-based divorce:
In New York, most divorces are fault-based divorces. To get a divorce based on fault, you must prove that your spouse’s bad behavior led to the end of the marriage. Some of the common grounds for fault-based divorce include:
- Abandonment for a specific period
- Adultery
- Cruelty (inflicting emotional or physical pain)
- Insanity
- Physical inability for sexual intercourse (only if the condition existed before marriage and the spouse did not disclose it)
- Imprisonment for a specific period of time
The reasons for choosing fault-based divorce vary from person to person. One of the main differences between fault-based and no-fault divorce is that fault-based divorce does not must the spouses to live separately for a period of time. Fault-based divorces are more expensive and take longer than no-fault divorces. It is also possible to get a larger share of the property and increased spousal support in a fault-based divorce.
Spouses who are Legally Separated:
Legal separation is a court-ordered arrangement in which a married couple lives apart and leads separate lives, but they are still legally married. The reasons for legal separation may include religious beliefs, uncertainty about the current state of the marriage, minor children, benefits, or other reasons.
To get a legal separation, you must decide on financial responsibilities, spousal support, child custody, and visitation arrangements. If the spouses are legally separated and then decide to finalize their divorce, how long divorce takes in new york process will be faster and less expensive because most of the issues will already have been decided.
Child Custody Disputes:
One of the most contentious and time-consuming aspects of a divorce is child custody. It is natural for parents to want their children to live with them, which is the root of the problem. Discussing child custody is always difficult for spouses.
There are two types of child custody:
- Physical custody means that the spouse will have the children and be responsible for their daily care.
- Legal custody means that the spouse will have the authority to make decisions about the child’s education, religion, medical care, and other matters.
It is important to remember that the court will consider the child’s best interests when making decisions about custody. Once child custody is resolved, you will also need to address visitation and child support issues before the divorce can be finalized.
Child support is generally determined based on state guidelines. The non-primary parent will be responsible for paying child support to the primary parent. Visitation is another issue that can be time-consuming to resolve.
Child custody disputes can be expensive and time-consuming. But, if one of the spouses has a history of child abuse, the other spouse is more likely to be awarded custody.
A Spouse Financially Dependent on the Other:
If one spouse has worked hard and sacrificed their career to care for the other spouse and children, they may be financially dependent on their spouse. The divorce process will need to address how the financially dependent spouse will be compensated for their years of hard work.
When determining alimony or spousal support, the court will consider factors such as the dependent spouse’s employment history, difficulty reentering the workforce, and other factors. Alimony determination can also be a time-consuming process.
Property Disputes:
If you want to know, property is one of the most sought-after things in a divorce. Both spouses won’t back down when determining property. To solve the issue, the property is divided into:
- Separate Property: It is the property owned by the spouse before the marriage and property that comes as an inheritance or gift during the marriage.
- Marital Property: It is the property bought by any spouse or both spouses during the marriage.
When dividing property, the problem comes with the marital property; it encompasses a wide range of things like real estate, vehicles, cash, financial securities, stocks, bonds, retirement accounts, gold, and more. So, dividing these properties between spouses is a long and expensive process. If your spouse can’t come to a decision, the only way is through court, where the judge will divide the property using fair distribution. It means the property will be divided as fairly as possible. So, hire a divorce lawyer from The Law Offices of SRIS.P.C. to help you with property distribution, as you need a lawyer to go anywhere.
What Are The Residency Requirements For Getting A Divorce In New York?
A few residency requirements need to be met before you can file for a divorce in New York. The requirements are:
- Both spouses were residents of New York on the day the divorce started, and the grounds for your divorce also happened in New York.
- Any one of the spouses must have been living in New York for two years before the case started.
- Either one of the spouses must have been living in New York continuously for a least 1 year before the case started and got married in New York, lived in New York as a married couple, or had grounds for the divorce happening in New York.
FAQ
- How Long Does It Take To Get The Fastest Uncontested Divorce In New York?
The fastest you can get an uncontested divorce in New York is within six weeks, and this is only possible if all the steps involved go well.
- How Long Does It Take For A Judge To Sign The Divorce Papers?
Although the hearing and signing of the divorce papers will take little time, the thing that takes the most time is the court date. After you file for a divorce, if there is no backlog, it can take at least 6 months; if there is a backlog, it can take a year or more.
- How Long Does It Take For Divorce In New York?
In New York, there is no waiting period to get a divorce. Getting a divorce in New York usually takes anywhere between 6 months to a year.