Partner
Last Updated: August 26, 2024
Even under the most amicable of circumstances, divorce is difficult. It involves major changes to a person’s life, plus dealing with the legal system can be a headache in and of itself. This is why one of the most commonly asked questions in family law is, “How long is the divorce process in New York?” Most people are looking to get their divorce finalized as quickly as possible.
How Fast Can You Get a Divorce in New York?
In truth, the answer to this question is: it depends. Several factors can seriously impact the amount of time it takes to finalize a divorce in New York. Some of these factors include:
- Whether or not children are involved
- Whether there are substantial assets involved
- What the spouses agree upon
- What the spouses disagree upon
- The willingness of the spouses to work on coming to an agreement
- The court’s schedule
How Long Does an Uncontested Divorce in NY Take?
Whether the spouses agree on the issues is one of the biggest factors determining how long a divorce in New York takes. In an uncontested divorce, the spouses agree on all issues related to the divorce. On average, this will take approximately three months to finalize.
The process begins by filing the necessary forms with the clerk of the court’s office. The petition for divorce must be served to your spouse, and he or she has 20 days to respond. The spouse being served has 30 days to respond if he or she is served out of state. If your spouse fails to respond to the petition, you can file for a default divorce. You must wait for the court to review your request, which usually takes at least a month. If your spouse responds to the petition and you have a written agreement that settles all issues, your divorce should be finalized, depending on the court schedule and processing time, within a few months.
How Long Does a Contested Divorce in NY Take?
If your spouse responds to the petition and the two of you are unable to reach an agreement, then it becomes a contested divorce. A contested divorce in New York takes, on average, much more time than an uncontested divorce. In fact, it may take at least nine months to resolve. A contested divorce will move along much faster if the spouses are willing to cooperate and work together to reach mutually agreeable solutions to the issues they do not see eye to eye on. Without reaching an agreement on the issues, litigation will be necessary, which will cause the process to be even longer.
Contact Our Central New York & Syracuse Family Law Attorneys
Whether you are facing a contested or uncontested divorce, the dedicated family law attorneys at CDH Law are here to represent your best interests the entire way. We are here to support you, stand by your side, and walk you through the process. Contact us today.