If want to get a divorce and live in New York, you may be wondering “how long does a divorce take in New York?”
Every situation is different. And a number of factors will affect how long it takes for your divorce to become final. Below you’ll get an idea of how long this process takes on average. You’ll also find out what factors will ultimately determine how long a divorce will take in the state of New York.
How Long Does A Divorce Take In New York?
Some divorce attorneys claim that they can get their clients a divorce in New York in as little as 30 days. But usually, in the state of New York, a divorce process between two spouses takes at least three months. The average time it takes is about 6 months. But it can go on for longer than that.
The quickest divorces in New York (or pretty much any other state) are uncontested divorces. Any time spouses don’t agree on everything, however, tends to drag the divorce out longer.
There are a number of factors that may affect how long a divorce will take in New York. Here are a few of the main ones.
Meet the Residency Requirements
If you or your spouse do not meet the residency requirements to file for a divorce in New York, then your divorce may take longer than three to nine months.
There are a few different ways to meet the residency requirements in New York. The first one is that either you or your spouse must live in New York for at least 2 years before filing. And those 2 years have to be continuous years.
However, there are some exceptions to this.
The first is if the grounds for your divorce took place in the state of New York. If this is the case, then the residency requirement is simply that you or your spouse are both residents of New York on the day your divorce starts.
The other is that you or your spouse have lived in the state for at least a year before the case starts. This will apply when:
- you got married in New York
- you lived in the state as a married couple
- the grounds for your divorce happened in the state
Filing For The Divorce
Filing for a divorce in New York is instant as long as all prerequisite requirements are met:
- Responding To Petitions: this is the act serving and responding to divorce documents and petitions between the two spouses. Responding to a petition may take 40 days.
- Resolving Divorce Issues: the more issues that you and your spouse have to resolve, the longer the divorce. These issues may involve child support, child custody, and property issues. There may be unresolved issues even after the divorce process ends. That is because the court and the divorce attorneys will have to settle all the issues between the two spouses in the fairest manner.
A contested divorce in New York may take nine months or longer, possibly years.
The Type Of Divorce You Choose
As was previously stated, there are different types of divorce, not just those that occur in a courtroom.
For instance, an uncontested divorce may take a shorter amount of time to process as there are no issues to be settled. In fact, the state even has a DIY Uncontested Divorce Program. Uncontested divorces in New York take about 3 months. A no-fault divorce may take at least six months.
So, keep in mind that the type of divorce you or your spouse chooses affects the length of your divorce. This is the case no matter which state you file in.