If you are thinking about ending your marriage, you must understand the difference between a contested and an uncontested divorce. When the parties agree on the terms that will apply to the termination of their marriage, their divorce is uncontested. However, if the parties disagree on one or more issues, their divorce will be contested. Divorce, even under the best circumstances, can be stressful. But it doesn’t necessarily need to be an expensive and lengthy process. You can save money and time by purusing an uncontested divorce. If you are contemplating a divorce, it’s in your best interest to contact an experienced Garden City Divorce Lawyer who can help you determine the best legal avenue for the dissolution of your marriage given the unique circumstances of your situation. Please continue reading to learn what factors impact the timeline for an uncontested divorce in New York.
How Long Will My Uncontested Divorce Take in New York?
Firstly, when you are purusing a divorce, you need a legally accepted reason or “ground” for the divorce. New York allows divorce based on both fault and no-fault grounds. When you file for a fault-based divorce, you are required to claim and eventually prove that your spouse is responsible for the breakdown of your marriage by engaging in a type of misconduct. This may include adultery, abandonment, or cruelty. If you pursue a no-fault divorce, you can cite irreconcilable differences. Under these circumstances, neither party blames the other for the breakdown of the marriage.
As long as you have filed the necessary documentation, the quickest way to receive an uncontested divorce is to cite that your marriage has been broken “irretrievably” for at least six months. Essentially, this means that you and your spouse haven’t been able to get along and there is no reasonable expectation of the situation changing. With an uncontested divorce, you normally don’t have to attend a hearing to get your final divorce judgment. Instead, the judge will review your paperwork and if everything is approved, they will sign the judgment.
That said, on average, an uncontested divorce can take anywhere between three to six months. However, this timeline depends on several factors including the court’s caseload, the complexity of the case, the level of conflict between the parties, etc. To ensure you are thoroughly prepared for this process, please don’t hesitate to contact a skilled lawyer who can help you get all the required documentation submitted.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you achieve the best possible outcome for your case. Connect with us today to learn how we can fight for you.
