Uncontested Divorce


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:

What is the Divorce Process?

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The divorce process varies based upon the State in which the divorce is taking place.  However there are some occurrences common to most divorces:

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1. Decide whether to hire a divorce lawyer.

2. Compile financial documents/records & start making lists of assets.

3. Choose the Jurisdiction that will allow you to get a divorce. Draft & file the Initial Documents.

4. Serve your spouse with Divorce Papers.

5. Speak with your Spouse (in or out of Court) to determine whether you have a contested divorce or uncontested divorce.

6. Engage in discovery (Court process through which evidence is exchanged during a divorce).

7. Identify what items are marital property and separate property.

8. Either agree to how marital property is split or go to trial in Court to split the assets and liabilities of the marriage.

9. If there are children, decide what the custody arrangement will be (or go to trial). If there is joint custody, one parent is often the custodial parent.

10. If there are children, decide how much child support will be paid (or have a hearing at Court to determine child support). Child support is usually paid to the spouse that makes less money, where applicable, even when the parties have identical visitation time.

11. Draft a stipulation of Settlement regarding all outstanding issues and submit it to the court.

12. Make sure that your medical insurance is not affected by divorce and if so, plan to file for COBRA.

13. Wait. It often takes quite a while from the time the divorce papers are filed until a court issues a Judgment of Divorce.

14. Obtain Judgment of Divorce. Serve it on your former spouse.

15. Start your new life.

See also:

How long does divorce take