If you and your spouse cannot reach an agreement on issues relating to your divorce, such as property division, spousal support, child custody and visitation, and parenting matters, you will need to litigate those disputes in court. This process can take a considerable amount of time, depending on how complex or contentious the issues are. How long does a divorce take can also be affected by outside factors, which may impact the length of time it takes to resolve your case.
The fastest way to get a divorce in New York is to enter into an uncontested divorce. If both parties agree on all the major issues, you can complete an uncontested divorce in as little as six weeks. However, this is only possible if there are no outside factors that would delay the processing of your case. For example, if the courts are backed up, even uncontested divorces can take longer than usual to conclude. Thus, when considering how long does a divorce take, it's essential to account for court schedules and other external factors.
New York is a no-fault divorce state, but there are still fault-based grounds available that could potentially lead to a longer divorce proceeding. For example, adultery is a ground for divorce in this state. This means that you must prove that your spouse engaged in sexual intercourse with someone else during the course of your marriage. The act must involve penetration of the female organ by the male organ in order to constitute adultery. However, cunnilingus and fellatio, or sodomy, are not considered forms of adultery in New York. These complications can significantly affect how long does a divorce take when based on fault grounds.
Other fault-based grounds for divorce include cruelty and inhuman treatment, which is a requirement that you must prove your spouse subjected you to cruel or inhuman treatment during the course of the marriage. In addition, you can seek a divorce on the grounds of "irretrievable breakdown" by showing that your relationship has been broken down irretrievably for at least one year. These grounds can make a difference in how long does a divorce take to finalize.
Aside from fault-based and no-fault divorce, you can also obtain a divorce on the basis of living apart under a written separation agreement or a decree or judgment of separation given by the court. This option is less common than the other two options because it requires that you and your spouse live separately under the terms of the agreement or judgment for at least a year. The duration of this separation period will naturally affect how long does a divorce take.
When you have children, the custody, visitation, and parenting arrangements will be decided by the Court based on what it considers to be in the best interests of the child or children. If there are no children involved, then it is usually easier to reach an agreement on property division and spousal support or alimony with your spouse through Alternative Dispute Resolution (ADR) processes such as mediation and collaborative family law. Less than 5% of divorce cases actually go to trial. Therefore, most cases end with a signed Agreement setting forth the terms of property division, custody and access to children, responsibility for debts, spousal support, and many other items. It is important to have a skilled attorney to guide you through this process, as their experience can significantly impact how long does a divorce take.
Divorce is one of the most emotional and challenging experiences a person can go through, and it’s also a process that can be lengthy and expensive. The more issues that a couple has with each other, the longer it will take to resolve them through the courts, and the more legal fees will be incurred. However, there are things that affect how long does a divorce take. There are things that can be done to help speed up a divorce case and reduce expenses.
One of the most important aspects to consider is whether a couple has minor children, as this can significantly extend a divorce timeline. For instance, when spouses cannot agree on child custody or support arrangements, the process can become drawn out and costly due to lengthy litigation. In addition, if the spouses have substantial differences about how to divide their assets and property, this can add more time to the proceedings, affecting how long does a divorce take to finalize.
A spouse who wishes to obtain a divorce must first satisfy residency requirements and determine the grounds for divorce, as well as whether they want to pursue a fault or no-fault divorce. Fault divorces typically last longer than no-fault divorces because the petitioner must prove their spouse’s fault in the marriage breakdown, which can take more time to accomplish than simply demonstrating the irretrievable breakdown of the relationship. Understanding how long does a divorce take in these different scenarios is crucial for planning.
The next factor to consider is the extent to which the spouses can cooperate and reach an agreement on all issues related to the dissolution of their marriage. The more the spouses can collaborate and come up with mutually acceptable solutions, the quicker the divorce will be resolved. This can be achieved through mediation, where the services of a neutral third party are used to help parties reach an out-of-court settlement. Mediation can significantly impact how long does a divorce take by expediting the process.
Finally, it’s important to avoid any behaviors or actions that could complicate or prolong a divorce. For example, hiding or concealing assets can lead to serious legal consequences, and rash decisions made during divorce proceedings can be detrimental to the final outcome of the case. It’s also vital to keep in mind that not every divorce case is suitable for mediation, and some may require a Judge to resolve the matter, which influences how long does a divorce take.
Once a divorce action has been filed, the court will assign a “case index” number and schedule a preliminary conference. A request for judicial intervention (“RJI”) can be filed at the onset to expedite matters by getting the case in front of a Judge or a Court Attorney Referee. This is a good option for couples who believe they can reach an out-of-court settlement to all issues related to the divorce. Alternatively, a contested divorce can be resolved in court through the use of evidence, including witness testimony, trial transcripts, and financial documents. These steps all play a role in determining how long does a divorce take to be finalized.
Divorce is a difficult, time-consuming process. It’s essential to find a legal team with a thorough understanding of New York divorce laws and procedures to ensure you are filing the correct paperwork and handling all other legal matters in an efficient manner. The longer a divorce case goes on, the more costly it becomes for both parties. Therefore, it’s important to explore options like mediation and collaborative divorce, which can help streamline your NYC divorce to save you time and money and address the concern of how long does a divorce take.
Achieving a divorce requires completing various forms, and there are both mandatory and optional documents that you must submit to the court. If you make any mistakes completing these forms, it could result in significant penalties, so it’s important to work with an experienced lawyer who understands New York divorce law and knows what documents are required for your specific circumstances. Proper documentation can significantly affect how long does a divorce take.
The length of divorce proceedings depends on several factors, including whether your spouse agrees to the terms of your divorce or not. If you and your spouse share minimal assets, do not have children, and are completely on board with everything regarding the end of your marriage, your divorce may be uncontested and finalized within a few months. A contested divorce, on the other hand, can take much longer, especially if you and your spouse disagree on some or all issues related to property, finances, and child custody. Understanding these differences helps in estimating how long does a divorce take in your particular situation.
Contested divorces often require lengthy discovery periods to gather information and examine evidence, such as financial documents, income statements, bank accounts, investments, pension accounts, and tax returns. Once your lawyers are satisfied that they have all of the necessary documentation, they will schedule a trial date, which can take weeks or even months due to the court backlog. This process directly impacts how long does a divorce take.
During the trial, your attorney will argue your case before a judge, who will decide all disputed divorce issues like property distribution, alimony, and child custody. A divorce trial can also be lengthy, depending on the amount of evidence presented and how well your attorney presents it in court. This duration is a significant factor in how long does a divorce take.
Working with an experienced divorce and family law attorney can dramatically speed up your divorce in NYC. A skilled legal professional can help you avoid pitfalls that could lead to costly delays, and they can negotiate with your spouse on your behalf in order to expedite the process. They can also prepare all relevant divorce documents and provide guidance and support throughout the entire process. Understanding how long does a divorce take with professional help can alleviate some stress and uncertainty. Contact a legal professional today to learn more about how to complete your NY divorce quickly and affordably.
Law Office of Richard Roman Shum, Esq., PLLC
20 Clinton St #5d, New York, NY 10002, United States
(646) 259-3416