How long does it take to get a divorce in New York?
Jennifer Paulino
New York managing attorney at Marble Law
Key Takeaways
- There is no set timeline for a divorce in New York.
- On average, a divorce in New York can take between six and 18 months.
- Uncontested divorces in New York tend to take less time, while contested divorces typically take longer to resolve.
On average, a divorce in New York can take anywhere from about six months to a year and a half or longerץ
However, every divorce is unique, so it can help to understand what may make your case take more or less time. Below are some key factors.
- Uncontested vs. contested divorce: Uncontested divorces are when the spouses agree on all terms of the divorce. In New York, these divorces typically take six to 12 months to resolve. On the other hand, contested divorces—when the spouses disagree on one or more issues—can often take more than 18 months to finalize. The reason? Contested divorces often need to go to trial.
- Where you file: Divorce timing varies from county to county. In some of the larger New York counties, it can take years—typically up to two, but some cases take even longer.
- Service of process: Whoever files for divorce must have the paperwork served on their spouse. Basically, someone must hand-deliver the forms to them. This person may be a process server or the sheriff, but there are other options if the divorce is uncontested. If this individual struggles to get ahold of your spouse, this may delay the process.
- Response times: If they’re properly served and live in the state, your spouse has 30 days to respond to the petition. Without other intervention, your case may not move forward until they do.
- Court processing times: Even if you agree on the terms of your divorce, you can’t control the courts. They can get backlogged, causing it to take longer to process your paperwork. And if your divorce is contested, you may have to wait for an unknown time to get a date for your trial.
All of these things are out of your control (and your attorney’s). And this doesn’t account for the time it may take for discovery (to gather and share key information about your case with your spouse’s legal team), mediation or other negotiations and, if necessary, a trial.
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Can you get a quick divorce in NY?
Some attorneys and firms may offer “quick” divorces, but that’s usually just marketing. Every lawyer and firm is subject to the issues above. As much as you want to end your marriage and move on with your new life, instead of focusing on speed, focus on quality. Seek out an experienced family law attorney who will work tirelessly to try to help you get the outcome you desire.
An attorney can also help you set realistic expectations and provide a clear potential timeline so you don’t face any additional surprises during the already-stressful process.