Going through a divorce is like forcing yourself to gulp down a bitter pill, and you’re bound to be under a lot of stress and pressure until it is finalized. The last thing you want is to be stuck in the divorce process, hence the reason divorcing couples often wonder how long a divorce takes in New York.
No two divorces are the same, and this makes determining the duration hard to speculate. However, some pointers might give you an idea, such as contested and uncontested divorce. In case you’re not familiar with any of these terms, we’ll explain.
In a divorce where you and your soon-to-be-ex disagree on almost everything, such as child support, child custody, spousal support, and even the division of assets, then this will lead to a long heated divorce.
When you can't work out issues amicably amongst yourselves, your attorney and the court will step in to decide on your behalf.
It is the direct opposite of a contested divorce since you and your spouse can agree through other means other than the court’s intervention. There is often no need to hire an attorney. Unlike a contested divorce, uncontested divorce is pretty fast and ensures that both move on with their life as fast as possible.
Not only does this make the divorce process smooth and fast, but it also saves both couples money.
No-fault vs fault divorce
During a divorce action in New York, one party has the opportunity to allege fault on the part of the defendant and then prove it in court. Although this might be a good call for the wronged spouse, this kind of divorce takes a considerable amount of time. Another factor that determines how long divorce in New York lasts is assets.
If there is an asset being disputed, like real estate, retirement benefits, and so on, it might take time since assets have to be appraised and attached to a numerical value. No doubt, this process consumes time and prolongs the divorce process.
In a nutshell
A contested divorce in New York can last about 9 months to a year. As already stated, a lot of factors come into play when determining the duration of the divorce. There have been numerous cases where the judge took years before finally signing the divorce.
For an uncontested divorce, it can take 3 months or less, except there are other factors that might play out, like the division of large assets. Before you go-ahead to file for a divorce, it will be in your best interest to work with one of the best NYC divorce lawyers. Feel free to give us a call, or perhaps fill our contact form.