How Long Does a Divorce Take in New York?

It’s Wise to Ask How Long Your Divorce Will Take

Next to “how much will my divorce cost?”, “how long will my divorce take” is the most common question we hear at our free initial divorce consultation and case evaluation.

It’s natural and understandable to want to know the answer to this question before delving into such an emotional and life-changing event as a divorce. We’ve all heard the horror stories of divorces dragging out for years and draining the finances of all involved. This shouldn’t be and isn’t the case for the majority of couples getting divorced on Long Island, NY. Long, drawn out divorces are usually the result of three main things:

1. Very complex finances. If a couple owns a business (or businesses) together, as many complex financial holdings, or other complicated assets like real estate, investments, fine art, etc., it can take some time to determine how to divide these assets equitably.
2. An attorney who is out of their depth in the divorce proceedings. This could be an inexperienced attorney, an attorney who is a general practitioner, but not knowledgeable in the intricacies of divorce law in New York, or simply one trying to inflate their billable hours. This is rare, but unfortunately, it happens. Unfortunately, a few bad apples can ruin the reputation of the majority of professionals with their client’s best interests at heart.
3. Spouses who are unwilling to negotiate in good faith. Divorces can get very contentious when one or both parties “dig in their heels” and refuse to cooperate. Sometimes, it is just one party who wants to drag out the process because they don’t want to be divorced or they are trying to “punish” the spouse who brought the divorce. Unfortunately, this is probably the primary reason for long, drawn-out divorces.

How Long Will My Divorce Take on Long Island, NY?

A divorce in New York typically takes a minimum of 6 months from the time the divorce petition is served to the final divorce decree. However, in cases with complex issues or disputes, it can take considerably longer, sometimes a year or more, to reach a resolution. It depends upon the type of divorce you will have.

Uncontested Divorces Take Less Time Than Contested Divorces

True uncontested divorces take the least amount of time to resolve. In these cases, both spouses agree on all the significant issues of their divorce:

• Division and Distribution of property, assets and debts
• Child Custody
• Child Support
• Visitation

Some clients enter our door with the outline of an agreement with their spouse in their hand. These are the true uncontested divorces and they minimize how long your divorce will take to be finalized.

Divorce Mediation Can Reduce How Long It Will Take for Your Divorce

Other times, clients will have an outline of their settlement agreement in their hand, but there are a few unresolved issues. These may have to do with child custody or some property division, but the spouses are on amicable speaking terms and willing to work together to resolve these issues. These couples are usually good candidates for divorce mediation. Divorce mediation utilizes a neutral third-party mediator to help the spouses negotiate the few unresolved issues of their divorce in a few sessions.

Barring a true uncontested divorce where all issues are agreed upon prior to meeting with an attorney, mediation is a close second place for reducing how long your divorce will take. Not only does mediation reduce the time it takes for your divorce, it also often reduces the emotional stress and enables for better communication between the parties after the divorce. This can be a real benefit when there are children of the marriage and the former spouses will be at least peripherally involved in each other’s lives when dealing with the children.

Contested Divorces Extend How Long Your Divorce Will Take

At the opposite end of the spectrum from the client who enters the doors with an agreement already in place are those who enter looking for a resolution that is the polar opposite from that which their spouse desires. The New York State Unified Court System has a Contested Divorce flowchart here.

Uncooperative Spouses is the #1 Reason Divorces Take a Long Time

These are the opposite extreme: couples with complex financial holdings and children who are unwilling to communicate and compromise. These cases usually wind up litigated in a Nassau County or Suffolk County courtroom. In these cases, divorce lawyers on both sides of the aisle spend a great deal of time completing discovery, gathering documents, writing briefs, filing motions, appearing in court, etc. All of these things take time (and money).

How Long Your Divorce Takes Depends Upon the Parties Involved

The role of your divorce attorney is to gather information to help you make the best decisions for you and your future and to protect your interests. Ultimately, the decision of how long it takes to settle your case falls directly on you and your spouse.

The Faster We Can Resolve Your Case, the Less It Will Cost

How long your divorce takes depends entirely upon its complexity and the willingness of all participants to communicate and compromise. Simply put, the more you and your spouse can agree upon the less time your divorce will take and the less it will cost.