How long does a divorce take in NY? It might differ, as when you and your spouse decide to divorce, you may experience a great deal of stress.
You know you’re strong enough to deal with it, but you also know you don’t want to be stuck in the divorce process indefinitely. Thus read this article to know your divorce timeline.
How Long Does a Divorce Take In NY?
Divorce in NY depends upon the type of divorce the couple is pursuing, but in general, it takes up to three months for a couple to get a divorce. Further, if the children or assets or custody are involved, this minimum length of three months could be extended.
Thus, before coming to a decision to get a divorce you must decide whether you want a contested or uncontested divorce because deciding the type of divorce beforehand will help your divorce process to go smoothly and will be less time-consuming.
What Is the Timeline for Consented Divorce?
Your divorce may take up to nine months if you and your spouse disagree on issues such as fault, child support, custody, spousal support (also known as spousal maintenance or alimony), and/or the division of marital assets and debts in a contested divorce.
Further, you could resolve these issues amicably or with the help of a divorce attorney. The method of resolving the issues could have a great impact on your divorce timeline. Thus the most time-effective method would be to get a mediator or a good divorce lawyer to resolve the issues which led to a contested divorce.
What Is the Timeline for Uncontested Divorce?
Your uncontested divorce may take up to nine months if you and your spouse can reach a divorce settlement without the intervention of the court. You might even be able to avoid hiring a divorce attorney entirely.
Continue reading for an in-depth look at the other components of a quick divorce. Because time is money and your attorney will inevitably bill by the hour, most of these considerations will also contribute to another major question: how much does a divorce cost in New York?
Factors Affecting the Divorce Timeline
– Fault Divorce vs. No-Fault Divorce
When a divorce action is filed in New York, the filing spouse (also known as the plaintiff) has the opportunity to allege fault on the part of the defendant and then prove it in court.
While a first may satisfy a spouse who has been wronged or even get them the better end of the financial deal, a second in New York typically takes much less time.
– Whether the Spouse was Previously Legally Divorced
You may be aware that couples who choose to legally separate must draught a separation agreement to address all of the issues commonly associated with divorce.
As a result, if you file for divorce after legal separation, you can expect a much shorter divorce process. After all, all you really need is a divorce decree from your local Supreme Court at this point.
– The Dispute Resolution Methods That You and Your Spouse Select
Most of us envision divorce proceedings taking place in court. Most couples, however, choose a method other than litigation.
One reason for this is that litigation takes much longer than other methods, but the advantages of alternative methods do not stop there.
For one thing, while confidentiality is guaranteed within the attorney-client relationship, anything you say or do in court has the potential to become a public record.
If you can settle your differences outside of court, your divorce certificate will be the only thing that becomes a public record.
Mediation or litigation
Consider divorce mediation or collaborative divorce if you want a professional to guide you through the negotiation process.
A DIY divorce can also be classified into two types: truly DIY divorce and DIY divorce aided by an online platform. In a true do-it-yourself divorce, you and your spouse are solely responsible for resolving any disagreements and completing and filing all New York divorce papers with the county clerk.
The good news is that your costs will start and end with a small filing fee, but the bad news is that filling out all of those divorce forms can be a real pain! If that sounds a little overwhelming, but you still want to save money and avoid going to court, consider online divorce instead.
Divorce platforms typically charge a low flat fee to complete each divorce document on your behalf. Some services will even handle your case until the divorce is finalized. Getting a divorce on the internet can be more difficult in some places than others, but in New York, the law does not require a single court appearance.
– Property Disputes in Marriage
Spousal and child support in New York are determined using guideline formulas that judges must follow. However, dividing assets can be a lot more complicated.
This is because New York law follows an equitable distribution model of property division. The court has a lot of leeway in this model; they are simply told to do their best to come up with a fair plan based on a list of factors outlined in state law.
Because of the uncertainty of the process, marital property disputes can become much more heated and take much longer than in other states. If you and your spouse can reach a majority agreement, your divorce will be much faster.
– Child Custody Disputes
As previously stated, child support disputes in New York are resolved using a specific formula that judges can use to issue a fair and consistent court order. Child custody, on the other hand, can be far more complicated.
Aside from the fact that custody is an extremely emotional topic for most parents, the law is actually much more granular than people who have never been through a divorce may realize.
There are two types of custody to consider: physical custody and legal custody. Physical custody refers to who has physical custody of the child, whereas legal custody refers to who makes decisions for the child on issues such as education, medical care, and religion.
Both must be resolved before your divorce case can be finalised, which can take a long time in some unfortunate cases.
As a result, unless your spouse has a history of abusing your child, you are extremely unlikely to become the sole custodial parent. That means you’re probably better off remaining flexible and working with your spouse to devise a plan that everyone can agree on.
The Seven Divorce Grounds in New York
– Irretrievable Breakdown
If the marriage has been irretrievably broken down for at least six months, which means it cannot be repaired. The judge cannot grant you a divorce on these grounds until the assets, children’s custody etc matters are not decided by the court.
– Cruel and Inhuman Treatment
Your spouse’s “cruel and inhuman treatment.” This means that if you continue to live together, your physical or mental health will be jeopardized. If the most recent abusive treatment occurred more than five years ago, you cannot divorce if your spouse objects.
For at least a year, your spouse “abandons” you. This means that your spouse has abandoned you or kicked you out and has no plans to return.
If your spouse is imprisoned for three years or more. You cannot, however, divorce if your spouse was released more than five years ago. Furthermore, the imprisonment must have begun after you married.
– Your Spouse Has Committed Adultery
This, however, is not grounds for divorce if you instigate or in any way force your spouse to commit adultery. Further, you are not eligible for divorce, if you discovered the adultery more than five years ago. Because you cannot testify to prove adultery, you must have a witness who can.
Frequently Asked Questions
– Is There a Divorce Waiting Period in New York?
Technically, there is no waiting period under New York divorce law.
– In New York, How Long Must You Be Separated Before Filing for Divorce?
No, you don’t! However, as previously stated, some divorce grounds include language about how long you and your spouse have been having marital problems before filing.
In conclusion, An uncontested divorce case is much faster than a contested divorce. If you want an expedited divorce, keep this in mind and strive to collaborate with your spouse. Further, we conclude the following:
- If you and your spouse are unable to resolve these issues amicably, you must each hire a divorce attorney and have a family court judge make the decisions on your behalf.
- A DIY divorce can also be classified into two types: truly DIY divorce and DIY divorce aided by an online platform.
- If your spouse is imprisoned for three years or more. You cannot, however, divorce if your spouse was released more than five years ago. Furthermore, the imprisonment must have begun after you married.
Divorce is a difficult phase, but reducing the timeline of your divorce by following the instructions in this article might give you some relief. Please follow this article for your reference keeping in mind the divorce laws.
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