Many people ask if there is a waiting period before they can proceed with the divorce procedure when considering divorce in New York. Comprehending the legal prerequisites and waiting periods for divorce is crucial to successfully traversing this significant life adjustment.
In this extensive blog post, we will go into the subject and respond to frequently asked questions about divorce waiting periods in New York. The Law Offices of SRIS, P.C., offer insightful advice as you navigate this trying journey.
How SRIS Law Offices, P.C., Can Help You
Experienced Divorce Lawyers
Our team of competent divorce lawyers at the Law Offices of SRIS, P.C., has extensive knowledge of New York’s divorce laws. Our lawyers adhere to offering sympathetic and knowledgeable advice throughout the divorce process.
Individualized Legal Counsel
Since every divorce case differs, we customize our strategy to fit your particular needs and objectives. Whether your divorce is uncontested or contentious, we work to get the optimal result for your circumstances.
Comprehensive Divorce Services
Our lawyers offer all-inclusive divorce services, such as litigation, mediation, and legal representation. Our goal is to resolve conflicts while efficiently defending your rights and interests.
Comprehensive Legal Services
The Law Offices of SRIS, P.C., is prepared to address various legal issues thanks to its broad team of legal professionals. Our lawyers have experience across a range of practice areas, including:
- Defense against criminal charges: Our professional criminal defense lawyers are ready to represent clients accused of crimes such as DUI/DWI, drug offenses, violence, theft, and more. We will fight for your rights tenaciously, considering every defense tactic conceivable to save your freedom and reputation.
- Family law: Our sympathetic family law attorneys know the delicate and sensitive nature of family conflicts. We offer direction and support during these trying times, whether you require assistance with divorce, child custody, support, or domestic violence issues.
- Personal Injury: Our knowledgeable personal injury lawyers will fight for just compensation if you were hurt due to someone else’s carelessness. To ensure you obtain the justice and compensation you are entitled to, we handle cases including traffic accidents, slips & falls, medical negligence, and more.
- Traffic Law: Our traffic attorneys from the Law Offices of SRIS, P.C., have experience managing speeding tickets, reckless driving accusations, license suspensions, and other traffic-related matters. They are acquainted with the nuances of traffic regulations.
- Immigration Law: To help you realize your vision, our immigration lawyers are focused on aiding clients with visa applications, green card petitions, citizenship issues, and other immigration-related difficulties.
- Bankruptcy Law: If you are struggling with excessive debt, our bankruptcy attorneys can help you navigate the bankruptcy procedure and get a fresh start financially.
The Law Offices of SRIS, P.C., places the interests of its customers first in all of its operations. Understanding that every client’s circumstance is distinct, we approach every case with the highest care and attention it deserves. You will be welcomed into our offices with empathy, respect, and an effort to comprehend your unique requirements and objectives.
We think that building a successful attorney-client relationship requires open communication and forthright advice. Our lawyers will take the time to hear your worries, respond to your inquiries, and keep you updated on the status of your case.
Knowing New York Divorce Laws
Causes of Divorce:
To get a divorce in New York, a couple should have solid reasons for doing so. Both fault-based, and no-fault grounds for divorce are available in New York. An irretrievable marriage breakup lasting at least six months is one of the no-fault grounds. Adultery, brutal and inhuman treatment, abandonment, and incarceration are examples of fault-based grounds.
Requirements for residency:
Either spouse should have been a state resident for at least one year before filing for divorce in New York. Before starting the divorce procedure, you or your spouse should have lived in New York continuously for at least two years.
New York's Divorce Waiting Period
- Uncontested Divorce:
New York mandates a minimum six-month waiting period after the divorce papers are served on the other spouse if both parties consent to a no-fault divorce based on the irretrievable dissolution of the marriage.
During this time, couples can discuss issues like property partition, child custody, and support agreements.
- Divorce Based on Fault:
There is typically no set waiting period for fault-based divorces, in which one spouse accuses the other of misconduct. Yet, the divorce procedure may take longer if contested matters have to be settled through litigation or discussion.
- Possibility for a Speedy Divorce:
New York courts do not strictly enforce the six-month waiting time for no-fault divorces in some situations, such as those involving domestic violence or abandonment.
In New York, navigating the divorce waiting period can be emotionally and legally difficult. Our professional divorce attorneys at the Law Offices of SRIS, P.C., are passionate about helping you through this process with compassion and knowledge.
We will fight for your rights and work for a just outcome for your case, whether you want a fault-based or no-fault divorce. Take the first step towards a new chapter in your life by contacting us right now for a consultation.
Frequently Asked Questions
- Does the waiting period change if the divorce is contentious?
No, the waiting period in New York does not change whether the divorce is contentious. For all divorces based on the no-fault ground of an irretrievable collapse of the marriage, a six-month waiting period is required.
- Is it possible to waive the waiting period?
A court may allow a request to waive the waiting time in particular extraordinary circumstances, such as instances of domestic violence or extreme financial hardship. Yet, the court can grant such waivers on an individual basis.
- Does a legal divorce shorten the waiting period?
No, a legal separation has no impact on New York’s divorce waiting period. The six-month waiting period for a no-fault divorce still applies even if couples have been legally apart for a particular period of time.
- Can the waiting period for an urgent divorce be shortened?
Although emergency divorces are not permitted in New York, several circumstances can call for accelerated hearings, particularly in cases of domestic violence or severe poverty. To navigate such conditions successfully, seeking legal counsel from professional divorce attorneys from the Law Offices of SRIS, P.C. is essential.
- Is the waiting time able to be shortened?
The six-month waiting time for a no-fault divorce cannot typically be shortened. Yet, engaging with experienced divorce lawyers can hasten the process by ensuring all required paperwork is accurately prepared, and the case is handled quickly.
- What kind of residence is needed in New York to get a divorce?
Both parties have to meet the state’s residency requirements to file for divorce in New York, which include residing there for at least two years before the filing or for at least one year if the couple was married there, lived there as a married couple, or the divorce grounds were established there.
- How long does a contentious divorce take to complete in New York?
The length of a contentious divorce varies according to how complicated the problems are and how cooperative the parties are. Contested divorces can sometimes be settled quickly—within a few months—but can sometimes drag on for years.
- Am I allowed to represent myself in a divorce lawsuit in New York?
Although you can represent yourself in a divorce case, it is strongly advised that you hire a lawyer, particularly in disputed divorces. The Law Offices of SRIS, P.C., can offer professional direction and advocacy throughout this challenging procedure.
- Does the wait time impact when a divorce is finalized?
The waiting period does, in fact, affect the divorce process’s overall timeline. It is crucial to recognize that the waiting period is a step that has to be completed before moving on to the next one in the divorce procedure.
- Can I begin divorce planning while I’m still waiting?
Absolutely. You might acquire crucial papers such as financial records, property titles, and other pertinent information during the waiting period to prepare for the divorce proceedings. You can also speak with an attorney to learn more about your rights and alternatives.