Some uncontested divorces resolve as soon as six weeks, while others may take six months or longer. Since New York does not have a waiting period, a divorce that both parties agree on takes approximately 3 months for the documents to be filed with the court. While all of this is sufficient as a legitimate answer, customers want a solid response, so I can only give averages that I have observed during my long and successful practice. On average in New York, if both parties agree to divorce, and I must emphasize that this is a rough average, an uncontested divorce usually takes about 3 months.
The average divorce in New York takes approximately 3 months for uncontested cases and 9 months for contested cases. It's hard to know how long your divorce will take to complete, especially if there are many issues contested. To start a divorce case, what legal requirements do I need to meet? If the parties agree to an agreement on their divorce issues, the final divorce documentation is prepared, the spouses sign it, and the documents are sent to the court for approval. Importantly, during any pre-filing divorce negotiation, New York City's best divorce lawyers know when to stop negotiating and take the divorce to court.
The complexity of divorce paperwork and the fact that the judge has to review everything to make sure everything complies with applicable divorce laws, and in the best interests of the children, increases the time required for the finalization of the divorce. The spouse who initiates the divorce is formally served the final divorce order to the non-initiating spouse. These include cruel %26 inhuman treatment, abandonment (one spouse simply disappears), incarceration (one spouse is convicted and sent to jail), adultery, divorce following a period of legal separation, and divorce following the initial judgment for legal separation. A contested divorce is a divorce in which the spouses cannot agree on certain issues, such as child custody, spousal support, and division of property.
Because divorce law can be complicated, you should meet with an attorney even if you think your divorce will not be contested. The request to be declared legally single in the midst of a divorce is called a divorce bifurcation. Given the amount of paperwork involved and the fact that the judge must review everything to confirm that they comply with the appropriate divorce laws and that the agreement is in the best interest of the children involved, the time for the conclusion of the divorce increases with each additional number. Because these and many other technical requirements for the contract to be considered a legal separation agreement, it is difficult to get a divorce using a separation agreement unless you have an attorney.
If you know you were divorced in New York but can't remember which county, contact the clerk of the county in which you lived at the time of the divorce or contact the county clerks in the surrounding counties. If you are considering a divorce and need the guidance of an experienced New York divorce lawyer, contact the Law Office of Juan Luciano Divorce Lawyer for an initial consultation. I have been involved in cases that have taken years before a divorce decree was signed, and some colleagues have even been involved in decade-long divorces. If divorcing spouses have agreed on most of the variables of asset division, child custody and support, spousal support, and other issues, an uncontested divorce is the next fastest option.
When I meet with a client for the first time, I unusually determine all the issues of the divorce and, if the client wishes, I will try to reach a divorce agreement prior to filing. .