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The divorce rate in New York sits at 8.8%, which is lower than the national average but still a significant number considering the size of the population.
This means almost one in 10 married couples will one day have to ask the question, "How long does it take to get divorce papers in NY?"
Fortunately, in terms of the complexity and length of time needed for a divorce process, New York is one of the more efficient places to live if you are in the US.
Still, even with both parties involved being in full agreement, getting a divorce decree signed off by the judge can take some time.
As such, having an experienced divorce lawyer is one of the best ways to reduce the divorce timeline as much as possible. They can also advise on questions such as how long does it take for a judge to sign a divorce decree in NY?
The Divorce and Family Legal team is made up of a panel of Albany divorce lawyers with many years of experience dealing with New York law. A free consultation can be scheduled by giving them a call.
10 Factors That Can Prolong a Divorce Case
New York divorce law is complex. Cases involving two emotional parties fighting over marital assets and children make the situation more difficult to resolve. That is why there is no telling how long a divorce settlement may take in New York. Our team can also assist in explaining how to file for divorce in NY.
Having said that, there are some common factors that a competent divorce attorney will look at when trying to expedite the divorce process for their client. The following are some factors to consider:
1. Mandatory Waiting Period
Even in cases where both parties agree that a divorce is in the best interest of the family, a mandatory waiting period may be imposed.
In New York, this is not as long as might be the case in other states, which is why it may take an average of nine months to get divorce papers signed by the judge.
2. Uncontested Divorce Vs. Contested Divorce
An uncontested divorce is where both parties agree on the terms and reasons for their separation, and is usually without complications. In the best-case scenario, everyone will choose to work together in what is known as a collaborative divorce.
On the other hand, in a contested divorce, one or the other spouse may have reasons for not wanting to go through with the marriage dissolution. They will do all they can to prevent the divorce papers from being finalized, including fighting the grounds for divorce or refusing to agree on terms involving children and property distribution.
The difference in complexity and length of time needed for an uncontested divorce process compared to a contested divorce can be massive. In the end, a good New York family lawyer may be the only way to get a divorce completed in such situations.
3. Fault Vs. No-Fault Divorce Proceedings
With a fault divorce, one party, the plaintiff, will bring forth evidence against the other party, the defendant, to place the blame for the divorce on their shoulders. Getting all this handled by the New York court system will take significantly longer than a no-fault divorce in which neither spouse is blaming the other.
4. Legally Separated Couples
A divorce case in which the parties involved have already gone through the separation process will be a lot simpler to handle. As such, the last few steps (paying the fees at the county clerk's office and getting the divorce decree signed by the judge) are all that remain to finalize the process.
5. Property Division
The division of marital assets, such as homes, vehicles, and businesses, and other financial considerations, such as retirement benefits and various investments, may make a divorce in New York take longer than it was supposed to.
In uncontested divorce cases where both parties are willing to let the other enjoy their fair share, this may not be an issue. However, when dealing with substantial amounts of money, protracted disputes often arise.
6. Child Custody
The court takes the issue of child custody very seriously and will take as much time as needed to make sure that the welfare of the children involved in the divorce is not compromised.
If both parties cannot reach a satisfactory resolution regarding who will take the kids and how their needs will be met, judicial intervention will be required, which will take a lot longer to finalize.
7. Spousal Support
When one spouse's assets were responsible for meeting the financial requirements of the family, the issue of spousal support also needs to be considered. In an uncontested divorce, this may merely be a question of determining how much the beneficiary will get.
However, it gets a lot more difficult when the spouses disagree on the amount that needs to be paid by one spouse to the other.
8. Mediation
With mediation, many of the common problems involved in a divorce, such as equitable distribution of property and child support, can be handled better, thanks to the presence of a neutral third party.
9. Court Workload
If the court's schedule is already packed and there is no room to squeeze in another divorce proceeding, it can take a very long time to get the issue finalized. Here, there will be no choice but to wait until the New York state court has time to go through the divorce process.
10. Post-settlement Agreements
Even after finalizing a divorce in New York, there may still be some post-settlement agreements that need to be ironed out between the two parties. These may include parenting plans and other financial considerations.
Process for an Uncontested Divorce in New York
Going through an uncontested divorce in New York is a fairly simple process that involves the following steps:
Filling a summons at the county clerk’s office
Serving the defendant with divorce documents
Waiting for a response from the defendant
Scheduling the judge's review
Receiving a judgment for the divorce
A Good Lawyer Can Make the Divorce Process Easier
Whether dealing with a contested divorce (where one spouse refuses to grant a divorce) or issues surrounding the division of marital assets or child custody, a team of good divorce attorneys can help.
Divorce and Family Legal is the go-to law firm for all divorce cases in Albany, NY, and is available for a free case review today.