How Long Does the New York Divorce Process Take?
Getting a divorce can seem like a daunting task. The emotions involved in the decision itself can leave some people paralyzed. However, while the process can initially seem overwhelming, for residents of New York, getting a divorce through the New York court is not impossible.
What do you need to do to get divorced in New York?
In order to get a no-fault divorce in New York, you'll need to establish that there has been an irretrievable breakdown of the marriage. There is no waiting period like in some other states, but you'll still need to meet the residency requirements and file a petition for dissolution of marriage. This document opens your divorce court case. You'll also need to pay a fee.
You could also get a fault-based divorce in New York. Click here to read about fault-based grounds for divorce in New York.
Once your divorce case is open, you'll need to serve a copy of the petition and summons on your spouse. Even if your spouse agrees that divorce is the right decision, you'll need to serve the divorce papers or provide the court with a waiver.
When your spouse is served, you'll then need to file an affidavit of service with the court. This lets the court know your spouse has received the paperwork and now has a limited amount of time to respond. Depending on your spouse’s response, you may need to participate in hearings or mediation.
Finally, a judge will review the evidence presented by both parties and make a decision about your divorce. If no issues are contested, like marital property division or spousal support/alimony payments, then the divorce can be finalized with minimal court involvement. However, if disputes arise, you may need to attend more hearings or mediation sessions before receiving your judgment of divorce.
Read: How Child Support is Calculated in New York
Is there a way to speed things up for a faster divorce?
An uncontested divorce is a type of divorce in which both parties agree to the terms of the divorce, including issues such as property division, child custody and support, alimony, and debt division. In an uncontested divorce, there is no need to spend a great amount of time in court because all matters have been settled beforehand, possibly in mediation. While you may need to attend a final hearing for the judge to review your mediation agreement, this type of divorce usually takes less time and is more cost-effective than a contested divorce.
The advantages of an uncontested divorce are that it is less expensive, more straightforward, and generally has a shorter timeline than a contested divorce. An uncontested divorce gives the parties greater control over the outcome, as they can negotiate their own agreement without the court’s intervention and instead through mediation.
Hello Divorce can help
Hello Divorce can help you with your New York divorce, whether it’s uncontested or contested. If you have questions, please schedule a free 15-minute phone consultation with one of our account coordinators. Or, check out the online divorce plans and services we offer to learn about our flat-rate pricing and the benefits we provide.
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