How Long Can a Divorce Take in New York?

One of the most common questions we hear from our clients is “how long can a divorce take in New York?”. This article will help answer this question if you are considering a divorce and want to know how long the process could take in New York.

When deciding to end your marriage, we understand that you want to know how long divorce proceedings take in New York. Unfortunately, every case is unique and the duration of your specific case depends largely on how many of the issues involved in your divorce you and your spouse can agree on and how quickly. The length of time your divorce will take in New York depends largely on whether it is an uncontested or contested divorce.

For an uncontested divorce with agreement on all issues like property division, child custody and child support, the divorce process in New York typically takes 3 to 6 months. If both you and your spouse are in agreement and cooperate, there are no objections and the divorce is granted without difficulty, your divorce can be finalized relatively quickly.

However, a contested divorce with disagreements over finances, assets, child arrangements and the many other issues to be resolved in your divorce often takes well over a year. Understandably, the longer your divorce continues and the more hours your divorce attorney has to work on your case, the higher your legal costs will go.

To help speed things along, it’s wise to work with an experienced divorce attorney from a reputable mid-sized divorce law firm. Attorneys with experience in Nassau County and Suffolk County courts can assist with negotiation, divorce mediation and collaborative divorce to resolve issues quickly and finalize your divorce settlement in the most efficient way. Choosing the right representation is key to avoiding unnecessary delays in your New York divorce.

The length of time it takes to finalize a divorce in New York depends on several factors really depends on the specifics of your situation. If everything is agreed upon upfront between you and your spouse, an uncontested divorce could be finalized within 3 to 6 months. However, if there are disputes over things like property, finances, or child custody, your divorce could easily drag the process out for over a year. The more issues that need to be resolved through the courts or with lawyers, the longer your divorce will likely take.

The key things that determine how long a divorce takes in New York include:

• Whether you and your spouse can agree on major issues like how to split assets, debts, and child arrangements.
• Whether either party objects to the divorce or contests what the other is requesting. If these can’t be resolved between you and your spouse and your attorneys, this can lead to going before a judge to resolve the issues.
• The backlog of the court system and the availability of hearing dates for contested issues.
• The complexity of assets to be divided, like businesses, investment accounts, and retirement plans. The more complex, the longer it takes.

So unfortunately, there’s no definitive timeline and a lot depends on your specific circumstances. But a range of 3 months to over a year for the entire divorce process is pretty typical in New York. The best advice is to be realistic, try to cooperate with your spouse as much as possible, and work with experienced divorce attorneys who can help navigate the process efficiently.

Contested Divorce in New York

A contested divorce happens when spouses cannot agree on important issues like how to divide property, spousal support, or child custody arrangements. In these situations, the court has to make final rulings on any unsettled issues through a legal process. This often makes the divorce drag on for a long time and cost a lot more money. Gathering evidence through things like interrogations, depositions, and subpoenas can extend the timeline further. It’s not uncommon for a contested divorce to take several years when things are complex.

Uncontested Divorce in New York

An uncontested divorce is faster and more affordable because spouses have already negotiated the terms themselves. They file a settlement agreement with the court, and a judge will typically grant the divorce within a few months. Because the spouses have reached their own agreement, the court does not need to make determinations on disputed issues through a trial. This streamlined process allows for a quicker resolution.

Divorce Mediation in New York

Divorce mediation is an alternative dispute resolution method where spouses work with a neutral divorce mediator to reach agreement. Mediation often shortens the timeline and reduces costs compared to litigation. Instead of court appearances and legal maneuvering, spouses meet with the mediator and each other to discuss concerns, priorities and options for settlement. The mediator helps facilitate compromise and draft a memorandum of understanding. If successful, the spouses can submit this agreement to the court and finalize the divorce within a few months. Mediation may be the best approach if you want to avoid a long, drawn-out court battle.

Factors That Can Lengthen How Long a Divorce Takes in New York

Contested Divorce Issues

In a contested divorce, disagreements over major issues like child custody, division of assets, alimony, and child support can significantly prolong the process. The more issues in dispute, the longer it may take to resolve them, especially if negotiations reach an impasse. You can reduce delays by compromising when possible and focusing on the key issues most important to you.

Poor Communication

A lack of open communication between spouses can hinder progress at every stage of the divorce. Unwillingness to share financial documents, reluctance to disclose relevant information to your attorney, or failure to respond to requests in a timely manner are all examples of poor communication that commonly cause delays. Making an effort to cooperate and maintain open lines of communication with your spouse and legal counsel can help expedite the process.

Unrealistic Expectations

Having unrealistic expectations about the outcome of your divorce can also extend the length of time it takes to finalize. The legal process of dividing assets and resolving custody matters takes time and may not always end in your favor. Understand that compromise is often necessary, and be willing to consider alternative solutions. Discussing expectations openly with your lawyer can help establish realistic timelines and outcomes.

The longer a divorce takes in New York, the higher the costs in legal fees and opportunity cost. While it can be a difficult process, approaching your divorce pragmatically and with realistic expectations can help minimize delays, reduce expenses, and allow you both to move forward as efficiently as possible.

Strategies to Shorten How Long a Divorce Takes in New York

So, how do you shorten how long a divorce can take in New York? Hiring an attorney experienced in divorce proceedings on Long Island, NY can help streamline your divorce process in New York. It’s important to choose a divorce lawyer wisely. Selecting an attorney with expertise in family law and years of experience handling divorces on Long Island, New York will ensure your case progresses as efficiently as possible. The more complex your divorce, the more critical it is to have properly experienced legal counsel.

Focus on key issues. Do not get embroiled in petty disputes. Concentrate on resolving the significant issues like division of major assets, spousal support, and custody arrangements. Compromise when you can to avoid lengthy legal battles over minor points of contention. The less you litigate, the less time your divorce will take.

Consider divorce mediation. If you and your spouse can come to an agreement on the division of assets and any custody issues, divorce mediation can help formalize your settlement quickly. A mediator can assist you in negotiating the terms of your divorce in a collaborative manner. Uncontested divorces typically take 3 to 6 months versus 12-18 months for contested divorces. The significant cost savings of a mediated settlement versus a litigated divorce are also appealing.

Consider divorce mediation if you and your spouse can agree. If you both can come to an agreement on how to split assets and handle any custody matters, mediation may help quickly formalize your settlement. A mediator will assist you in negotiating the terms of your divorce in a collaborative manner. Uncontested divorces usually take 3 to 6 months versus 12-18 months for contested divorces. The significant cost savings of a mediated settlement compared to a litigated divorce can also be appealing.

The length and cost of your divorce largely depends on your willingness and your spouse’s willingness to cooperate. Approach your divorce with a reasonable, practical and compromising attitude. Focus on the big picture issues rather than getting distracted by small grievances. Hiring an experienced New York divorce attorney along with considering mediation for an uncontested settlement can help move the process along as quickly and affordably as possible. The longer your divorce drags out, the more it will ultimately cost you both emotionally and financially.

The Cost Impact of a Lengthy Divorce in New York

Going through a divorce is difficult enough without adding excessive legal fees and costs to the process. The longer a divorce takes to finalize in New York, the higher the costs become for both parties. Each court appearance, motion, document filing, and exchange of correspondence racks up charges at your attorney’s hourly rate. According to the New York State Bar Association, the average divorce case in New York costs around $17,100 in legal fees alone.

Contested Divorces Take More Time in New York

Contested divorces, where spouses disagree on key issues like property division, spousal support, or child custody, often take 12-24 months or longer to resolve. During this time, legal costs can easily exceed $25,000 per party or more for complex cases. The more issues that require litigation and court intervention, the higher the fees become. It is not uncommon for some divorces to cost $50,000 or more by the time a final judgment is issued.

Uncontested Divorces Take Less Time in New York

In an uncontested divorce, spouses are able to come to an agreement on the division of marital assets and any issues involving children. Uncontested divorces typically take 3 to 6 months to finalize at a fraction of the cost. Legal fees can be less than $5,000 total since less court time is required. For those on a budget, an uncontested divorce or mediation are good options to consider in order to save time and money on your divorce in New York.

The costs associated with divorce are substantial. Do your best to come to an agreement with your spouse whenever possible to avoid lengthy court battles. Compromise and choosing uncontested options like mediation or collaborative divorce can help significantly reduce the time and money required to legally end your marriage in New York. The less time spent in divorce court, the more money stays in your pocket.

How an Experienced Long Island Divorce Lawyer Can Streamline Your Case

Superior Knowledge of Family Law

Experienced divorce attorneys have an in-depth understanding of New York’s complex family laws and legal procedures. They know how to navigate the Nassau County or Suffolk County court system efficiently and work to resolve issues as quickly as possible. Their expertise can help avoid delays caused by legal mistakes or insufficient knowledge of proper procedures.

Aggressive Representation

Seasoned divorce lawyers are skilled negotiators and litigators. They will aggressively represent your interests while also taking a pragmatic approach to resolving disputes. They understand how to determine what issues are worth pursuing in court and will fight tenaciously for your rights regarding custody, support, and asset division. At the same time, they seek to resolve issues amicably when possible to minimize conflict and legal fees.

Attention to Detail

Highly qualified divorce attorneys pay meticulous attention to the details in your case. They carefully review all documents and fully investigate the facts to identify key issues. Their sharp attention to detail allows them to craft persuasive arguments and identify weaknesses in the other party’s position. They leave no stone unturned in building the strongest case possible to achieve the best outcome for their clients.

Experienced divorce lawyers understand how to streamline the legal process as much as possible while still protecting your interests. Their knowledge, experience, and diligence can help reduce delays, avoid excess fees, and achieve fair results so you can move on with your life. For the quickest, most cost-effective divorce, retaining a skilled attorney is well worth the investment.

Contact Hornberger Verbitsky, P.C. for a Free Consultation and Case Evaluation

If you are considering ending your marriage on Long Island, New York, it is important to understand the divorce process and factors that determine how long it may take. The length of time for a divorce to be finalized depends largely on whether it is contested or uncontested.

If possible, focus on reaching an amicable agreement that works for both of you. A drawn-out, contentious divorce benefits no one – especially your children. Take a practical, problem-solving approach and try to see things from your spouse’s perspective. With effort from both sides, you may be able to resolve most issues outside of court, reducing how long a divorce can take in New York.

If you have any other questions about divorce in New York or need help navigating your options, feel free to reach out to us at 631-923-1910. We will be happy to discuss your situation and help determine the best path forward.

At Hornberger Verbitsky, P.C., our divorce attorneys have over 50 years of combined experience helping clients through the legal complexities of divorce. We offer expert guidance on contested and uncontested divorce, legal separation, mediation, and child custody. Call us today at 631-923-1910 for a free initial consultation and case evaluation. We will review the details of your unique situation, provide an estimate of the time and costs involved, and work to resolve your divorce as quickly and affordably as possible. The sooner you contact us, the sooner we can start moving you through the process toward a new beginning.

Summary of How Long Can a Divorce Take in New York

Divorce can be both an emotionally and financially draining process. The longer it takes, the more emotionally and financially draining it is. An experienced divorce attorney can develop strategies to resolve issues efficiently and reduce the financial and emotional strain. Prioritize your children’s well-being and your long-term financial stability over prolonging conflicts. Consider mediation for an amicable settlement. The skilled Long Island divorce lawyers at Hornberger Verbitsky, P.C. have helped many clients end marriages while minimizing costs and emotional strain. With over 50 years of combined experience, our attorneys serve clients in Nassau and Suffolk Counties. Contact us today at 631-923-1910 or fill out the short form on this page to start the process of finalizing your divorce so you can move forward with your life. We will be happy to provide you with a free consultation and case evaluation.

Ending a marriage is never easy, but taking the right steps to minimize conflict and make the process as smooth as possible will help you move on more quickly. Consider the following:

• Agree to keep communication civil and focused on the children’s needs. Avoid making personal attacks or accusations.
• Settle as many issues as you can without involving lawyers to save on legal fees. Focus on priorities like dividing assets, determining child custody and support.
• Seek the help of a marriage counselor or mediator to resolve disagreements and come to an amicable settlement. They can offer an unbiased perspective to help you find common ground.
• Take time for yourself. Make self-care a priority during this stressful period. Exercise, spend time with friends, and pursue hobbies that bring you joy.
• Be open with your children in an age-appropriate way. Explain the changes in an honest yet positive manner.

Key aspects that impact how long a divorce takes in New York:

• The number of disputed issues. The more issues that need to be settled through litigation or negotiation, the longer the divorce proceedings will take.
• Communication and cooperation. A lack of effective communication and willingness to cooperate between spouses leads to delays.
• Unreasonable demands. Requests that cannot legally be granted under New York divorce laws prolong the divorce process.
• Legal representation. Experienced divorce attorneys can expedite a case through negotiation, mediation and litigation if needed.

There are ways to shorten the process:

• Focus on resolving important matters like finances, child custody and support first. Compromise where possible to come to an agreement.
• Consider mediation to settle some or all issues out of court. This can streamline the legal process.
• Hire an experienced New York divorce attorney to efficiently guide you through the divorce proceedings.

The longer a divorce drags on, the more stressful and expensive it becomes. With a practical approach and the right legal help, you can minimize delays to finalize your divorce and move forward with the next chapter of your life. Let’s discuss your options further so we can help you achieve the best possible outcome for your unique situation. Contact us at 631-923-1910 or fill out the short form on this page for a free consultation and case evaluation.