Many states impose a mandatory waiting period between the time a couple files for divorce and the date that the termination of the marriage can be finalized. Understanding the regulations and legal process in your state is crucial when filing for divorce to ensure that you understand your rights as well as what is expected of you. To learn more and secure skilled representation during your case, continue reading and reach out to an experienced Suffolk County divorce attorney today.

Is There a Waiting Period for a Divorce in NY?

No, there is no mandatory waiting period after filing for divorce in New York. Some states require that couples wait a few weeks or sometimes up to several months before the divorce can be finalized. This is designed primarily to give both spouses the time necessary to gather documentation, secure legal counsel, and fully understand the decision they are making. The waiting period gives couples a chance to reconsider their decision and reconcile if they so desire. This is especially true in cases where the spouses share minor children.

However, New York State does not impose a mandatory waiting period regardless of the circumstances, including whether the spouses have minor children.

How Long Will it Take Me to Get a Divorce in NY?

Although there are no required waiting periods, the actual time it will take to finalize your divorce can vary based on several factors. Before filing, you must meet the residency requirement and have a ground or legally accepted reason for the divorce.

There are a few ways that you and your spouse can meet the New York residency requirement.

  • You or your spouse has been living in New York continuously for at least two years before the divorce is initiated
  • You or your spouse has been living in New York continuously for at least one year before the divorce is initiated, AND you got married in New York, lived in New York as a married couple, or the grounds for the divorce occurred in New York
  • Both you and your spouse are residents of New York on the day the divorce is initiated, AND the grounds for the divorce occurred in New York

You must also have a valid reason for filing for divorce. There are seven acceptable grounds for divorce in New York.

  1. Irretrievable breakdown of the marriage for at least 6 months
  2. Cruel and inhuman treatment within the last 5 years
  3. Abandonment for at least 1 year
  4. Imprisonment for 3 or more consecutive years
  5. Adultery
  6. Legal separation
  7. Judgment of separation

As long as you meet the residency requirement and have a valid reason for the divorce, you can file and do not have to endure a waiting period. As soon as all issues are resolved and the paperwork is filed, the judge can issue a final judgment and officially terminate the marriage.

For more information and skilled representation, set up your free consultation with an attorney at Peter V. Mandi & Associates, Inc. today.