Rating 4, 3 (6, 22) By filing a no-fault and uncontested divorce with an agreement that an attorney has reviewed, you can get a divorce quickly. It's no surprise that the average time it takes to get divorced in New York is 9.5 months, which is less than the national average of 11 months. This difference is likely because New York law doesn't require couples to complete a waiting period before a judge approves a divorce. However, there are some factors that can delay 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 you with 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. While there is no waiting time required to file for divorce in New York, there is a residency requirement. Therefore, depending on when you moved to New York, you may have to wait up to two years before you can file for divorce. Couples who already meet the minimum residency requirements and whose divorce is not contested can finalize their divorce in as little as six weeks. However, some uncontested divorces, where both parties agree on everything, can take three to six months once the request is filed.
The process can drag on indefinitely if both parties don't agree. When spouses disagree, it can take longer to obtain the evidence, financial statements, and anything that the parties strive to submit to dissuade their spouse's requests. However, the truth is that when one of the parties fails to comply or does not show up when ordered, the process slows down for everyone and extends the time needed to complete the case. Failure to attend the divorce hearing only further delays the process.
In addition, there are another set of legal obstacles you must overcome to find your spouse if he has disappeared or is no longer present in your life. If you don't know where your spouse is, certain protocols must be followed to find him before a judge approves your divorce. This will undoubtedly lengthen the time before your divorce can be finalized. Another key factor in the time it takes to process your divorce is how busy the court is.
Depending on the county in which you file for a divorce, you could be waiting months for a hearing. Courts in the busiest counties receive support and sometimes this affects the hearings of divorce cases. A divorce case that requires lengthy deliberation over the division of property or litigation due to property disputes 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 only saves time if the parties can reach an agreement on time.
An experienced family lawyer who has successfully worked facilitating divorce mediation cases is ideal to help motivate the parties to reach an agreement and move forward at a faster pace in this situation. In high-risk divorce cases, there is sometimes no other option but to wait for the judge's final ruling to arrive. It may take longer for a judge to thoroughly evaluate 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 that the court's judgment is in the child's best interest.
This may mean that a little more time is needed to determine the ideal situation for children, including determining custody and visitation, as well as child support. You must be logged in to post a comment. New York Criminal Defense Attorney The information on this website is for general information purposes only. Nothing contained on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and its receipt or viewing does not constitute, an attorney-client relationship. The judge just has to review your documents, make sure they're in order, and then grant the divorce. New York courts have determined that, for the purposes of these residency requirements, the cause of your divorce relates to specific actions (such as a fault and adultery divorce), not to the breakdown of your marriage. A friendly relationship with your spouse, even after you've decided to separate, can lead to an easy divorce because it won't involve a trial.
Sometimes, attorneys who handle a large volume of divorces may charge you a fixed fee, meaning that you pay an amount for the entire process. To protect your assets from divorce, you'll need to take steps to ensure that your assets remain separate from marital property, for example, entering into a prenuptial or post-nuptial agreement. In an uncontested divorce, the parties mutually agree on the terms and usually don't require mediation. So is a self-made divorce the cheapest way to get a divorce? Yes, but it's also the most complicated for you.
This is largely because many couples can get through the divorce process unopposed without hiring attorneys to represent them, which represents a huge savings on the normal cost of divorce. Asking a neutral third party to help you reach a commitment agreement for some parts of your divorce agreement can help you end your marriage with less frictions. The divorce petition must include a reason, which could be adultery, substance use, extreme cruelty, neglect, or a serious crime. In most states, a no-fault divorce is achieved by declaring under oath in court or on documents that you and your spouse have irreconcilable differences or are incompatible.
However, if you have already met the residency requirements, you don't have to wait to apply nor do you have to wait for your divorce to be completed, aside from other factors, such as those described in the previous article.
