How Long Does A No-fault Divorce Take In NY?

by ECL Writer
Foreign Divorces under New York Law

On average, the process of getting a no-fault divorce in New York can take anywhere from six months to a year, depending on the specific circumstances of the case. However, it can take longer if there are disputes over property or child custody, or if the couple is unable to agree on the terms of the divorce.

Process To Get No-fault Divorce in NY

Also, the length of time it takes to get a no-fault divorce in New York can vary depending on a number of factors. However, there are certain steps that must be taken, and certain time frames that must be met, in order for a no-fault divorce to be finalized.

Meet the Residency Requirements

The first step in getting a no-fault divorce in New York is to meet the state’s residency requirements. This means that either you or your spouse must have been a resident of the state for at least one year before filing for divorce. If you do not meet the residency requirements, you will not be able to file for divorce in New York.

File the Divorce Papers

Once you have met the residency requirements, you can file the divorce papers with the court. This process typically takes a few days to complete, as the court will need to process the papers and assign a case number to your divorce.

Serve the Papers

After you have filed the divorce papers, you will need to serve them on your spouse. This process typically takes a few weeks to complete, as the papers will need to be delivered to your spouse by a third party, such as a process server or a sheriff.

Wait for the Waiting Period

After the papers have been served, there is a waiting period of at least 120 days before the divorce can be finalized. This waiting period is intended to give the couple a chance to reconcile, but if they are unable to do so, the divorce will proceed.

Attend the Hearing

If your spouse responds to the divorce papers, a hearing will be scheduled in which both parties will have the opportunity to present evidence and argue their case. The length of time it takes to schedule a hearing can vary depending on the court’s calendar and the complexity of the case.

Finalize the Divorce

After the hearing, the judge will issue a final order of divorce, which will include the terms of the divorce such as property division, spousal support, and child custody and support. Once the final order of divorce is entered, the divorce is considered final and the couple is legally divorced. The time frame for finalizing the divorce will depend on the court’s schedule, the complexity of the case, and the agreement between the parties.

It’s worth noting that the time frame for a no-fault divorce in New York is an estimate and it may vary depending on the specific case and the court where the case is being heard. Additionally, it’s highly recommended to consult with a divorce attorney to fully understand the time frame, as well as the process and the requirements of no-fault divorce in New York, to avoid unexpected delays and have a better understanding of the whole process.

How Can I Speed Up My Divorce In NY?

There are a few ways to potentially speed up a divorce in New York:

  1. Uncontested divorce: If both parties agree on the terms of the divorce, such as property division and child custody, the process can be faster.
  2. Default divorce: If one party fails to respond to the divorce papers, the other party can file for a default divorce.
  3. Collaborative divorce: This is a process where both parties and their attorneys work together to come to an agreement and avoid going to court.
  4. Mediation: Mediation is a process where a neutral third party helps the couple come to an agreement on the terms of the divorce.

It’s important to note that even if the divorce is uncontested, it may take up to a year to finalize. And if there is a dispute, it can take longer. In addition, while you can file for a divorce as soon as one party has lived in New York for at least a year, the divorce process can only be completed after a 120 days waiting period.

It’s always best to speak to a divorce attorney, who will be able to advise you on the specific circumstances of your case and the best course of action.

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