Getting a divorce can be a complicated and lengthy process, especially in New York. The state has specific requirements and procedures that must be followed before a divorce can be finalized. If you're considering a divorce, it's important to understand how long the process can take and what factors can affect the timeline. In this post, we'll provide a comprehensive guide to how long it takes to get a divorce in New York and what you can do to speed up the process.
1. Understanding the Residency Requirements
Before you can file for divorce in New York, you must meet the residency requirements. You or your spouse must have lived in the state for at least two years before filing for divorce. If you were married in New York and one of you has lived in the state continuously for at least one year, you can file for divorce in New York.
2. Uncontested vs. Contested Divorces
The type of divorce you're seeking can also affect how long the process takes. An uncontested divorce, where both parties agree on all aspects of the divorce, can be finalized in as little as a few months. A contested divorce, where there are disagreements on issues such as property division or child custody, can take much longer.
3. The Waiting Period
In New York, there is a mandatory waiting period of six months before a divorce can be finalized. This waiting period begins when the divorce papers are served to the other party. However, if the divorce is uncontested, the waiting period can be waived, and the divorce can be finalized sooner.
4. Court Backlogs
The New York court system can be notoriously slow, and divorce cases are no exception. Court backlogs and delays can add months or even years to the divorce process. However, working with an experienced divorce attorney can help you navigate the court system and avoid unnecessary delays.
5. Hiring a Divorce Attorney
One of the best ways to speed up the divorce process is to hire a skilled divorce attorney. An experienced attorney can help you navigate the legal system, negotiate with your spouse, and ensure that all paperwork is filed correctly and on time. By working with an attorney, you can avoid delays and get your divorce finalized as quickly as possible.
Getting a divorce in New York can be a lengthy and complicated process, but there are steps you can take to speed up the process. By understanding the residency requirements, choosing the right type of divorce, and working with an experienced attorney, you can minimize delays and get your divorce finalized as soon as possible.
If you're considering a divorce in New York, Aaron M. Gavenda, Esq. can help. With years of experience in family law, Aaron can guide you through the divorce process and ensure that your rights are protected.
Contact us today to schedule a consultation.