The legal process of getting a divorce is often complex and overwhelming. Those who are seeking an uncontested divorce will generally have a quicker turnaround than others, but how long does it really take? Work with a Suffolk County uncontested divorce lawyer for more information and skilled representation during your case.
What is an Uncontested Divorce?
An uncontested divorce is ideal for the spouse filing. Once the formal complaint for divorce is submitted the divorce papers must be served to the other spouse. They will contain the petition as well as the details of how the filing spouse wishes to resolve certain issues. These documents will outline the plan for property division, alimony, child custody, and child support. An uncontested divorce occurs when the spouse receiving the divorce papers agrees to the terms immediately.
When both spouses agree on the major issues of a divorce it makes things easier for all relevant parties and can result in a quickly finalized divorce. However, if the spouses have differing opinions it may cause issues.
What is a Contested Divorce?
A contested divorce happens when the spouses do not agree on the main topics of the divorce. If both spouses want to keep ownership of a vacation home, one does not wish to pay alimony to the other, or they cannot agree on a satisfactory child custody arrangement, they are in a contested divorce. Contested divorces can take twice as long as uncontested divorces, or even longer. Negotiations and mediation sessions will be had in an attempt to resolve these issues and compromise. If that does not work, however, the case will go to trial and a judge will have the final say on these issues.
How Long Will It Take to Finalize My Uncontested Divorce in NY?
The amount of time it takes to finalize an uncontested divorce in New York depends on various factors. Generally, the fastest uncontested divorces are resolved in as little as 6 weeks. On average in NY uncontested divorces take 3 to 6 months from start to finish.
What Factors Impact How Long It Takes to Resolve My Divorce?
In an uncontested divorce, there is no need to consider the length of time necessary for discovery, negotiations, mediation, litigation, etc. There are generally two factors that can influence the length of time it takes to finalize an uncontested divorce.
- How fast your spouse can return the documents to you
- How busy the court is
In New York, spouses who are served with divorce papers have 20 days to respond (30 if they live out of state). The quicker your spouse returns the papers the faster you can resolve your case.
If the court has a backlog of cases you may be forced to wait weeks or months for a court date where the judge can issue the final divorce decree. Depending on how busy the court is it could extend your divorce for several months.
