Reviewed by Diana Szabo, Esq.
Key Takeaways
- New York has no mandatory separation period before a divorce is finalized.
- The six-month no-fault requirement looks back at your marriage. It is not a waiting period after filing.
- Only one of five residency paths must be met, and either spouse can satisfy it.
- Uncontested divorces average three to six months. Contested cases run far longer.
If you are considering a divorce, you may be concerned about how long the process is going to take. The truth is, this timeframe varies for each couple. Read on to discover approximately how long your divorce will take and how a seasoned Long Island contested divorce lawyer at Barrows Levy PLLC can work on your behalf in expediting these proceedings.
How Long Does It Take to Get a Divorce in New York?
In New York State, most divorces are reported to take about a year to finalize. However, this process can take more or less time depending on the specifics of your situation. Factors that play into the timeline of your divorce include, but are not limited to, the following:
- Whether you and your spouse can reach an agreement easily.
- Whether you and your spouse are undergoing a contested or uncontested divorce.
- Whether you and your spouse share children and need to undergo child custody and child support agreements.
- Whether you and your spouse have high-value marital assets that need to undergo equitable distribution.
- Whether you and your spouse have an established prenuptial or postnuptial agreement.
- New York’s requirements for divorce.
In general, uncontested divorces are finalized within three to six months after filing, because the terms and conditions are decided by the spouses before the case is filed. Contested divorces, on the other hand, tend to run longer, as they typically require mediation, negotiation, or litigation to determine the outcome. As such, this process may take several months to a couple of years, depending on the complexity of the divorce.
How Might New York’s Requirements Impact How Long It Takes to Get a Divorce?
New York laws impose requirements that can impact the timeframe of your divorce proceedings.
What Are the New York Residency Requirements?
First and foremost, it’s important to understand that New York imposes residency requirements for couples looking to file for divorce under New York law. In accordance with Domestic Relations Law § 230, there are five paths to establish residency. Only one must be met, however, and either spouse may be the party who satisfies the requirement.
Two years of continuous residence is generally the fallback in the event neither spouse can fulfil any other option. If you do not yet meet this requirement, then you will have to wait until you do, which can further delay your proceedings. In this case, it may be best to consider filing in another state where you meet their requirement.
Is There a Mandatory Separation Period?
It is critical to understand, however, that New York does not impose mandatory separation periods before a divorce is finalized.
For a no-fault divorce, Domestic Relations Law § 170(7) only requires that a marriage has suffered an irretrievable breakdown for at least six months, as sworn by one spouse. New York courts do not require spouses to reside at separate addresses in order to file on this ground.
Alternatively, fault grounds, like adultery or cruelty, do not require spouses to live separately to file. In fact, living apart for six months is a ground in and of itself, and only available if you have a judgment of separation or a signed separation agreement.
The Importance of Preparation
Preparation is what you control. Gathering your bank statements, retirement account information, and insurance documents before you begin, and being willing to negotiate terms rather than litigate each one, are the two changes most likely to shorten your timeline.
Understandably, this is a painful process that you likely do not want to drag on. If you would like more information on how you can get through this process as quickly as possible, you must consult with one of the competent divorce attorneys in Long Island today.
Contact Our Experienced New York Firm
If you need a Long Island lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.
