- Will Pastons
- Dec 23, 2023
- 4 min read
Divorce can be a lengthy process, but in some cases it may be necessary to expedite the process. Is a quick divorce possible in New York? If so, how can you ensure your case is resolved as quickly as possible?
A realistic timeline for divorce
There are several factors that can affect how long it takes to get a divorce in New York. Is your question controversial? Do you and your partners have the ability to draft, sign and submit documents on time? Do you have a kid? Does family property need to be divided? Did you each hire a different attorney? These are all questions to consider when trying to determine how long a divorce may take.
After all documents are properly signed and filed, the court can take as little as 3 months to as long as over a year to finalize an Uncontested Divorce NY without children or property. It all depends on whether the courts have enough resources to handle the number of divorce filings before them. Once the final documents are filed with the court, barring extreme circumstances such as imminent death, there is little a lawyer can do to expedite the court's processing of the documents. The timeline for an uncontested divorce is as follows: First, divorce papers must be filed. The documents include a subpoena with a notice and four other notices. This usually takes about a week to complete. Second, divorce papers must be served after they are filed with the court and given an index number. Once divorce papers are served, there is a mandatory waiting period of 30 days in New York from the date the divorce papers are served (the court will usually tell you to wait 40 days). The next step is to complete and file the documents for the final decree of divorce. This can take weeks or months, depending on how quickly the necessary documents are completed, signed by both parties, and filed with the court. The timing may vary depending on the specific circumstances of the case. The process often takes longer for pro se plaintiffs (i.e., those who do not retain legal counsel). People who are unfamiliar with the legal system (or the divorce process in general) often make paperwork mistakes and file the wrong documents. If you are unsure, always consult a professional, such as a lawyer! Keep in mind that even if done perfectly, the time it takes for parties to process documents will still depend on the court. be patient!
A contested divorce case is completely different than an uncontested divorce case. Parties will disagree in disputed actions regarding child custody, spousal support, equitable distribution, or child support. These cases require a lengthy discovery process, months of negotiations, depositions and motion exercises before a trial can begin. Contested divorce can take a long time due to its complexity. Highly contentious cases often drag on for years. The timeline for a contested divorce includes filing divorce papers, giving the other party time to respond after the divorce papers are served, discovery, negotiation and settlement discussions, preliminary conferences, compliance conferences, pretrial proceedings, and, if the case cannot be resolved through negotiation, A trial was held and a final decree of divorce was made. Contested divorces can take months or even years to resolve, as the time depends on the complexity of the issues involved and the willingness of both parties to cooperate. As we always say, it takes two to tango!
How to speed up your divorce
Thousands of divorce cases are filed each year on Long Island and New York City. Even uncontested cases take about six months to resolve in most counties due to backlogged and overloaded judicial systems.
Expediting matrimonial proceedings in New York is not simple, common, or easy, but it is possible. In order to receive this privilege, both parties must have a good and compelling reason why their divorce should take precedence over others. There are many reasons for hastening a divorce, but the most common ones are as follows:
1. Emergency situations: A judge can grant an expedited divorce if there is an emergency such as domestic violence.
2. Pregnancy: A woman becomes pregnant before divorce, but legally her husband is not the father of the child.
3. Military Service: If a spouse is about to serve in the military, a judge can grant an expedited divorce to ensure that the divorce is completed before military service.
4. Terminal Illness: To prevent your divorce from abating when one of the parties dies, you can ask the court to expedite the process.
Please keep in mind that these examples listed above are highly fact-specific and will vary depending on the circumstances. A motion must be filed to expedite the divorce, and the reasons for the request must be provided. The drafting, filing and litigating of motions in matrimonial disputes is a difficult and costly undertaking. It requires knowledge and skills that only an experienced divorce attorney can possess. If you are serious about petitioning the court for an expedited divorce, you must retain legal counsel.
Beware of scams
According to the proverb, if something seems too good to be true, it probably is. Hundreds, if not thousands, of businesses that rely on weaklings promise quick divorces in 30 days. These services charge substantial fees and often employ staff who are not properly qualified to complete paperwork on behalf of clients. They also often file documents in counties upstate that sometimes block the documents from going through, and if they just file locally, those parties will have to start from scratch, making things take longer.
There is a very specific process for expediting divorce cases, and what is discussed above is just the tip of the iceberg. Companies and agencies that promote quick divorce often fail to deliver on their promises. They are subject to the same legal, judicial rules and procedural requirements as attorneys. Make sure you ask the right questions before making a commitment.
Checkout for more details: https://bgdivorcelawyersny.com/practice/uncontested-divorces/
