Given the unique nature of New York divorce cases, the duration can vary significantly. The timeline often depends on various factors, including whether your case is contested, whether you meet the state’s residency requirements, and how busy your local court is. Understanding these factors is essential for setting realistic expectations. Please keep reading as we break down how long a divorce may take to resolve in New York and how an experienced Garden City Divorce Lawyer can help you navigate this complex process.
Do You Have to Wait Before You Can Even File for Divorce?
Unlike its neighbors, New York has no mandatory waiting period after filing. However, if you’re planning to file for a no-fault divorce, it’s important to note that you first have to show your marriage has been “irretrievably broken” for at least six months under DRL § 170(7). This isn’t a waiting period that starts after you file your paperwork; it’s a requirement you must meet before you are even allowed to initiate the process.
Do You Meet New York’s Residency Requirements?
Before the state can grant the dissolution of your marriage, at least one party must meet one of several residency routes:
- You were married in New York, and one party has lived here for at least 1 year.
- You both lived in New York as a couple, and at least one party stayed here for 1 year.
- The reason for the divorce happened here, and you both live in New York right now (there’s no waiting period for this one).
- Either you or your spouse has lived in New York for at least 2 years.
If you’ve just moved to New York and don’t qualify for a faster residency path, you may have to wait until you’ve lived here long enough before you can officially file for divorce.
How Long Does an Uncontested Divorce Usually Take?
When both spouses agree on all major issues, parenting time, support, and property division, an uncontested divorce can take 3 to 6 months to resolve. In some cases, an uncontested divorce can take as little as 6 weeks depending on the unique circumstances. However, keep in mind that New York will not grant the divorce while any issues remain unresolved; these matters must be settled.
How Long Does a Contested Divorce Usually Take?
Contested divorces, where spouses disagree on one or more major issues, typically take 9 to 18 months to resolve, though complex cases can stretch the case to two years or longer. The timeline can drag on due to discovery, negotiations, motions, and trial proceedings. Furthermore, choosing fault-based grounds rather than a no-fault divorce can delay the process, since it requires substantial evidence of the alleged misconduct.
Every divorce is different and moves at its own pace. Understanding some of the factors that can affect the timeline can help you proceed with confidence. Connect with an attorney at the Law Offices of Eyal Talassazan, P.C. today to schedule your free consultation.
