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If you’re considering divorce on Long Island, you may wonder how long the process will take. The answer depends on several factors, from whether both parties agree on key issues to the complexity of your assets. Here’s a breakdown of what to expect from the divorce process in New York and how long each stage may take.
Initial Steps and Filing for Divorce in New York
In New York, the divorce process begins with filing a Summons with Notice, and/or a Summons and Complaint for divorce with the Court. This is a critical step that officially initiates the process, but careful preparation can help things move smoothly.
- Consulting a divorce attorney at The Saul Law Firm, LLP is a valuable first step. An experienced attorney can explain your rights under New York law, help you understand your options, and ensure that all paperwork is filed correctly.
- In New York, one spouse must file the Summons with Notice or Summons and Complaint with the Court and then serve the other spouse. This starts the legal process. The court typically requires proof of service within 120 days to proceed.
If your spouse agrees to the divorce terms from the beginning, the process can proceed faster. However, if there are initial disagreements, even this early stage may take time to resolve.
No Mandatory Waiting Period in New York
Unlike some states, New York has no lengthy mandatory waiting period before the divorce can proceed. Once the paperwork is filed and served, there’s no required “cooling-off” period. This makes it possible for some uncontested divorces to move quickly. However, the duration will depend on the specifics of your case and whether issues arise along the way.
Resolving Key Issues: Uncontested vs. Contested Divorce
The biggest factor impacting the length of a divorce is whether it’s contested or uncontested. Let’s look at how this distinction can influence your timeline.
- Uncontested Divorce–If both parties agree on major issues—like child custody, property division, and spousal support—you can pursue an uncontested divorce. With all the agreed-upon terms, the Court can approve your divorce within a few months.
- Contested Divorce–A contested divorce is necessary if there’s disagreement on any of these issues. This process takes longer as it often involves multiple Court appearances, negotiations, and possibly mediation. In New York, contested divorces may take a year or more, depending on the complexity of the issues.
Even with disagreements, having an experienced New York attorney can help move the process forward more efficiently.
Divorce Mediation
A Time-Saving Option
Mediation is a popular alternative to litigation, allowing couples to resolve disagreements with the help of a neutral mediator. This can be especially beneficial in New York, where Court calendars on Long Island are often busy, leading to delays.
- Avoiding Court Delays–Mediation can speed up the process by allowing both parties to work through issues outside of Court.
- Cost-Effective and Flexible–Mediation is generally less expensive than a trial and provides more control over the final agreement.
- Confidential and Private–Mediation sessions are private, offering a more confidential setting to negotiate sensitive issues.
While not for everyone, mediation can be a faster path toward resolving disagreements and finalizing the divorce.
Finalizing the Divorce: Settlement or Court Ruling
Once all issues are resolved—whether through agreement or a court ruling—the final steps involve submitting your agreement to the court and waiting for the divorce decree.
- Settlement Agreement–If you and your spouse reach a settlement, the process could wrap up within a few weeks once all paperwork is filed.
- Going to Trial– In cases where disputes remain unresolved, a trial may be necessary. Due to the Court’s schedule, trials can add several months to the timeline.
Once the judge signs the Judgment of Divorce and the Judgment is entered in the Office of the appropriate County Clerk, your divorce is final. This marks the beginning of a new chapter and allows both parties to move forward with their lives.
A Personal Approach to Divorce on Long Island
The timeline of the divorce process varies, with uncontested divorces potentially concluding in a few months and contested divorces lasting over a year. The Saul Law Firm understands how stressful this process can be and is dedicated to helping you navigate each step with confidence and support. Trust us to protect your interests and guide you toward a positive resolution so you can focus on building your future. Call us today to learn how we can help!
The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Long Island, Queens, Garden City, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.