Getting a divorce in NY and completing the divorce process will vary for each and every couple. One couple could have an amicable, uncontested divorce and have it finalized within a few months. On the other hand, another couple could have a contentious, contested divorce that takes a year to fully resolve.
Regardless of what type of divorce proceeding you are facing, there are a few key points you do need to be aware of before filing for divorce:
- Couples in New York can obtain a no-fault divorce and do not need to establish grounds why they want the divorce. However, they must still demonstrate that the marriage is broken and there is no hope of reconciliation.
- The couple must live apart and separate for at least six months to show the marriage is broken. You can file for separation and initiate the divorce process, but the divorce will not be finalized until this six-month requirement is satisfied.
At least one person has to be a resident of New York. You have to live at least two years in New York to be considered a resident. There are also other residency qualifications that could be used to meet the residency requirement.
Amicable, Uncontested New York No-Fault Divorce Process
The New York no-fault divorce process for an amicable, uncontested divorce is much speedier than a contentious, contested divorce. In an amicable divorce, the couple is agreeable and willing to negotiate and agree on various aspects of the divorce, such as:
- Division of Marital Property and Assets
- Disposition of the Marital Home
- Child Custody
- Child Access
- Child Support
- Spousal Support
The couple does not always have to rely on mediation, arbitration, or the court for assistance in making these important decisions. They can also avoid going to court if they can resolve all matters on their own with help from their respective divorce lawyers. As such, once the marriage has been broken for six months, the couple can file and could have the divorce decree in a few months.
Contentious, Contested New York No-Fault Divorce Process
How long a no-fault divorce in New York will take when it is contentious will vary. At the very least, as long as the divorcing couple is open to negotiation and using mediation or arbitration to resolve outstanding issues, they could have their divorce resolved in about six to nine months after satisfying the six-month broken marriage requirement.
Yet, when the divorce is heated and both parties are not willing to work together but want their matters litigated in court, then the process can take much longer—sometimes more than a year. The thing contentious divorcing couples need to remember is that when matters are litigated in court, the judge will make all decisions relating to the various aspects of the divorce proceeding.
It is important to point this out because the judge will determine what they think is best, as well as what is in the best interests of any minor children. So, you may not get the result you want if you want every matter litigated. This is why attempting mediation and arbitration can be a better solution in resolving matters in a contested divorce in NY.
Many different factors can affect how long the New York no-fault divorce process takes. It is highly recommended to retain the services of a qualified New York divorce lawyer to represent your interests, provide sound legal advice, and help expedite the divorce process.
To find out more about getting a divorce in NY, including Queens, Brooklyn, Manhattan, Jamaica, and NYC, contact Joseph A. Ledwidge PC at 718-276-6656 to schedule a consultation today!
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