It’s not too surprising that the average time it takes to get a divorce in New York is 9.5 months, which is less than the national average of 11 months. This difference is likely because NY law does not require couples to complete a waiting period before a judge will sign off on a divorce. However, there are a few factors that can hold up a divorce case.
One way to expedite divorce proceedings in New York is to hire a professional divorce and family law attorney who has a deep understanding of state law. The Law Offices of Robert Tsigler, PLLC, can provide the legal advice you need to hear and offer guidance and support when you need it most, 24 hours a day, seven days a week.
Factors That Prolong Divorce
While there is no required wait time when you file for divorce in New York, there is a residency requirement. Therefore, depending on when you moved to New York, you may be waiting up to two years to be eligible to file for divorce. Couples who already meet the minimum residency requirements and whose divorce is uncontested can have a finalized divorce in as few as six weeks. However, some uncontested divorces, in which both parties agree to everything, can take from three to six months once you file.
Spouse Disagrees or Refuses To Comply
The process can be lengthened indefinitely if both parties are not in agreement. When spouses disagree, it can take longer to secure evidence, financial statements, and anything parties can drag their feet to produce to deter their spouse’s requests. The truth is, though, that when one party does not comply or show up when ordered, it slows down the process for everyone and extends the time it takes to complete the case. A divorce hearing no-show just delays the process even more. Additionally, there is another set of legal hoops to jump through to find your spouse if they have disappeared or are no longer present in your life. If you do not know where your spouse is, certain protocols must be met to find them before a judge will sign off on your divorce. This will undoubtedly lengthen the time before your divorce can be finalized.
Court Availability
Another key factor in the time it takes to process your divorce is how busy the court is. Depending on the county you file for divorce in, you could be waiting months for a hearing. Courts in busier counties get backed up, and sometimes, this affects divorce case hearings.
A divorce case that requires lengthy deliberation over the division of property or litigation due to disputes over property or other areas will depend on the cooperation of the opposing legal team to complete the case. Mediation can help speed up the process, but it is only a timesaver if the parties can come to an agreement in a timely fashion.
A New York Family Lawyer Can Help
An experienced family lawyer who has worked successfully facilitating divorce mediation cases is ideal for assisting in motivating the parties to compromise and move on at a faster pace in this situation. In high-net divorce cases, sometimes there is no other option than to wait out the judge’s final ruling. It can take longer for a judge to thoroughly assess all the information and make a final decision on a court order in complicated cases.
Finally, when children are involved in a divorce, the court has an obligation to ensure the ruling of the court is in the interest of the child. This can mean it takes a little extra time to ascertain an ideal situation for the children, including determination of custody and visitation, as well as child support.
FAQs
Q: Do You Have To Wait a Year To Get a Divorce in NY?
A: Yes and no. If you have just moved to NY, depending on how long your spouse has lived there, you might have to wait a year or more to file for divorce. However, if you have already met the residency requirements, you do not have to wait to file, nor do you have to wait for your divorce to be complete, outside of other factors such as those described in the article above.
Q: What Is the Fastest Way To Get a Divorce in New York?
A: The fastest divorce cases in New York are those that are uncontested and do not involve children. Therefore, if you and your spouse agree on every detail of the divorce, including division of property, spousal support, and other minor details, you can be divorced in as little as three months from the date you file, depending on the court’s ability to facilitate that date.
Q: Why Is My Uncontested Divorce Taking So Long in New York?
A: Uncontested divorces are the fastest divorce cases; however, outside factors that are beyond your or your attorney’s control can impact the timeline for a divorce case. The courts can get backed up, and even uncontested divorces can take longer. It may also be that your divorce includes a parenting plan that raises concerns.
Q: What Is the Quickest Divorce You Can Get in NY?
A: The quickest divorce you can get in New York is in six weeks. This means that if your divorce is uncontested, you can fill out the paperwork, file your case, and, if all goes well, be divorced in as little as six weeks. This applies if all the outside factors are in your favor and there are no extenuating circumstances to delay your case.
Contact the Law Offices of Robert Tsigler, PLLC
If you’re looking for a fast divorce, and you and your spouse have discussed the terms of your divorce, you’re in agreement, and your divorce is uncontested, you are likely to have a swift divorce. If there are still things to iron out, that’s okay. Call the Law Offices of Robert Tsigler, PLLC, 24 hours a day, seven days a week, to speak with a knowledgeable divorce attorney about the needs of your case. We can help you get started and move closer to a final court-ordered divorce decree.
