Uncontested Divorce

How Long Does a Divorce Take in New York?


How Long Does A Divorce Take In New York?

Answer: At least Six Months

There is no direct answer.  How long a divorce will take depends on a number of factors.  Those factors include the following:

  • Contested Divorce vs. Uncontested Divorce: A contested divorce will take a lot longer than an uncontested divorce. This is because if you have a contested divorce, you have to work out the details of the divorce before you can get a court to divorce you.
  • County the Divorce Occurs In: The time it takes to get a divorce differs from County to County.  For example, it can take six months to a year to get a divorce in New York City once your documents are filed. 
  • Children:  If you have children, a divorce might take longer. This is because you have to arrive at custody and child support arrangements.

This list is not exhaustive.  How long a divorce takes really depends on a number of factors that are not the same in every case.  Needless to say, Divorce is not an overnight process.  It will take time.  Even if both parties are in agreement, if can take some times to get the papers filed and for the Court to then review the papers. If there are errors in any of the papers filed, that might slow the process down.

SIX MONTHS? THERE ARE SITES THAT SAY IT TAKES TWO WEEKS!

So it seems there are.  We will not comment on those claims, we will just tell you that it a divorce can take six months and rarely ever takes two weeks on the uncontested calendar in a non-appearance divorce case.

OH, & LET’S BE CLEAR, SIX MONTHS FROM THE FILING OF THE LAST DOCUMENT (UNCONTESTED DIVORCE PACKET), NOT SIX MONTHS FROM FILING (though these can be pretty close if the papers are prepared and filed in an expedited fashion.  However, you are not divorced when you file, you are divorced when the Court says so.  No person outside of the Court handling the Divorce dictates the timing of when a Judge reviews your documents. Is this always as long as six months? No.  Is it sometimes less? Yes.  Is it sometimes more? Yes.

So there is all this conflicting information about how long a divorce takes, who should you believe?  That is up to you. We get our information from experience and directly from the Matrimonial Clerks & Divisions in the counties. They are pretty good at giving you an idea of how long it will take to get some action on your matter.  They often post dates for you to understand when you might see a signed judgment after filing.

WHEN IS A NEW YORK DIVORCE FINAL?

According to the New York Unified Court System website:

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A divorce is considered final when the signed judgment of divorce is entered in the County Clerk’s Office.

Divorce FAQs

New York Unified Court System website

So how do you know when that happens? You look on E-courts.  Some counties, such as Queens county, do a good job of helping people with information online. Click Here to see Queens County Information regarding final judgments of divorce and when they happen.

 

Check out these Divorce Information Resources:

Free New York Uncontested Divorce Forms

Suggested topics:

Contested Divorce

 

con·test·ed
di·vorce
pronounciation:
war/
noun
1. a divorce in which both parties do not agree on either the grounds for divorce or any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) after a battle.

 

A divorce is contested if there are any outstanding issues as to the reason for the divorce or what should happen to assets, child support or child custody during or after the divorce.

To get a Divorce, you need a reason or grounds:

grounds for divorce


A divorce is not an uncontested divorce unless the parties are in total agreement as to:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc). If your spouse does not want to get a divorce, then the grounds for divorce are being contested.
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody