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Is There a Waiting Period Before Getting a Divorce in NY?

Is There a Waiting Period Before Getting a Divorce in NY?

Deciding to divorce your spouse is a difficult decision at best, regardless of whether you were married only a few years or more than a decade. Understanding New York state law as it relates to divorce and how to navigate your separation is a necessary part of making sure your divorce goes forward as smoothly as possible. Here’s what to know about the divorce waiting period in New York and how a Long Island divorce lawyer can help you overcome the many challenges ahead.

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New York Divorce Law Waiting Period

Only six states in the U.S. still have waiting periods to get a divorce, including Delaware, Illinois, Maryland, Nevada, Vermont, and Virginia. In Maryland and Nevada, the waiting period is one year. In the other four states, the waiting period is six months. New York does not have a waiting period between the time you file for a divorce and the commencement of the divorce proceedings. For this reason, New York may be considered a good state to get a divorce in. However, there are other residency requirements that must be met in order to legally divorce within the state.

Residency Requirements to Get a Divorce In New York

The residency requirements that divorcing couples need to meet in order to legally divorce in the state of New York are as follows:

  • You got married in New York, and
  • Either one or both spouses have lived in New York for one year prior to the date the divorce is filed


  • You lived together with your spouse in New York at any point, and
  • Either one or both spouses have lived in New York for one year prior to the date the divorce is filed


  • You are filing a fault divorce and the grounds for which you filed occurred in New York, and
  • Either one or both spouses have lived in New York for one year prior to the date the divorce is filed


  • Either spouse has lived in New York for two years prior to the date the divorce is filed

Once these residency requirements are met, you are free to pursue the dissolution of your marriage within the state at the local family court that serves your jurisdiction.

How Long Does It Take to Get a Divorce In New York?

Since there is no waiting period in New York to get a divorce, many couples wonder how long it takes to get divorced on Long Island. This varies greatly between couples and depends on a wide variety of factors. However, the least amount of time it takes to divorce on Long Island if both spouses agree on everything and have no significant assets or children is about three months.

If you share children with your spouse and have child custody, visitation, and support to determine, this will naturally add more time to your divorce. If spousal support, asset division, or business valuation is also necessary, this can further extend the amount of time it takes to completely dissolve your marriage. Other matters that can add time to your divorce include if you or your spouse contests any issue, if you attempt mediation or arbitration and later seek litigation, if paternity needs to be proven for child custody or support matters, and if domestic violence or child abuse and neglect allegations are made against one parent or the other.

Contact an Experienced Long Island Divorce Lawyer at Hornberger Verbitsky, P.C. Today

Hornberger Verbitsky, P.C. are experienced New York divorce attorneys with significant familiarity helping families like yours navigate the difficult territories of splitting up. Our team is dedicated to pursuing the best possible outcome for you and will act accordingly to protect your best interests and the best interests of your loved ones.

We understand the challenges presented by the different facets of divorce and sympathize with clients who want to get through the process as quickly as they can with the least amount of stress and cost possible. You need a knowledgeable, trustworthy divorce lawyer on your side. Contact us today to learn more about how we can assist you or to get answers to your questions about divorcing in New York. Call now by dialing 631-923-1910 or fill in the short form on this page.


Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

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There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.

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