Many states require a waiting period between the time that a person files for divorce and when a hearing can take place. Luckily for New York couples, state law does not dictate any waiting period before a divorce can be finalized. With that being said several factors impact the length of time it will take for a divorce to be finalized. If you are getting a divorce and require representation contact a Bohemia, NY divorce attorney for more information.
What Types of Divorce Exist?
Every couple is different so one path to divorce will not apply to all relationships. Generally, there are two main types of divorce that spouses can go through in New York, called uncontested and contested.
Uncontested divorce: In an uncontested divorce both spouses agree to get divorced and to the terms of the divorce agreement. Generally, they have spoken through mediation or other negotiations and created an agreement outlining all relevant terms and conditions that satisfy both parties.
Contested divorce: When a divorce is contested it means that one spouse does not agree to divorce. They may not want to end the relationship at all or they could disagree with how property will be divided, alimony payments, child custody, etc. Contested divorces can be complex and take months or years to settle.
How Long Will It Take For My Divorce to Be Finalized in NY?
In New York, uncontested divorces can be resolved in as little as 6 weeks while a contested divorce lasts around 9 months to a year. When both spouses agree to the divorce and the terms of asset division, alimony, child custody, child support, etc. it does not take long for the judge to sign the divorce decree. Any disputes that arise, however, can slow down the process.
What Factors Affect the Time It Takes to Get Divorced?
In general, two factors can impact the length of time it takes to have a divorce finalized.
- Disputes
- Court availability
Both of these things have the ability to lengthen a divorce from just a few short weeks to several months or even years.
When spouses disagree or refuse to comply with the divorce it can be irritating and time-consuming. Although one spouse wanting to end the marriage is sufficient enough grounds for divorce, the other spouse’s cooperation is needed for proceedings to move smoothly. If they fail to show up to hearings, refuse to settle on property division or alimony, and put up a fight at every step, it can delay the process for months.
Another issue that is out of anyone’s control is the court’s availability. Depending on the state and county you file for divorce in you could be forced to wait months for a hearing until a date becomes available.
It is important to protect your rights during the divorce process. Speak with one of our skilled divorce lawyers for a free consultation today.