Some uncontested divorces resolve as early as six weeks, while others may take six months or more. Since New York does not have a waiting period, a divorce that both parties agree to takes approximately 3 months for papers to be filed with the court. A contested divorce in New York lasts from 9 months to a year, on average. Different divorce cases can differ in duration for a variety of reasons.
I have been involved in cases that have passed years before a divorce decree was signed, and some colleagues have even been involved in decade-long divorces. On the contrary, I have seen uncontested cases completed in less than 3 months. Where do I go to get a divorce? Learn more about serving the defendant in an uncontested divorce. Unlike mediators and collaborating lawyers, divorce litigants in New York, such as those at the Nolletti Law Group, can also serve discovery subpoenas to third parties for this type of information.
If you can resolve your differences out of court, then basically all that will become public record is your divorce certificate itself. The person who initiates the divorce is called the plaintiff and the other spouse is called the defendant. The spouse receiving the documentation will sign an affidavit of their own acceptance of the divorce. Because these and many other technical requirements for the contract to be considered a legal separation agreement, it is difficult to get divorced through a separation agreement unless you have an attorney.
Several factors can influence the length of the divorce proceedings, such as whether children are involved, important property and other matters, regardless of whether the parties agree on all matters. Both will need to be resolved before your divorce can be finalized, which in some unfortunate cases can take quite a while. In cases like this, the only thing the judge has to decide is whether the divorce was not actually contested, that is, if the final agreement was not made with coercion and if it is fair to both parties. As discussed in detail above, a divorce case can be resolved quickly or could take several years to complete.
After an agreement is reached, final divorce documents are prepared and sent to the court for signature. An uncontested divorce is one in which the spouse (husband or wife) does not discuss any aspect of the divorce. No one wants a long and lengthy divorce that leaves everyone bitter and hurt, not to mention expenses. The index number must be included in your Summons and Complaint, which serves as your official application for divorce.
When I meet with a client for the first time, I unusually determine all the issues of the divorce and, if the client wants, I will try to reach a divorce agreement prior to filing. If you have paternity or financial issues to resolve, you can consider alternative dispute resolution (ADR) processes, such as divorce mediation or collaborative family law.
