How Long Does a Contested Divorce Take in NY? What to Know

Starting a divorce case in New York can be daunting. Emotions are running high, there is likely fighting, children might be involved, and each party's world is crashing down around them. There are bound to be questions, and people search for answers before filing.

How long does a contested divorce take in NY? It all depends on what people can agree upon, the court's schedule, having children involved, spousal support, and dealing with marital assets.

Divorce proceedings are always upsetting for both parties, but contested ones are even harder to deal with because the couple doesn't agree on anything. Therefore, attorneys must go through financial documents, divide marital property, consider debt allocation, and much more.

Let's break things down and focus on the difference between an uncontested and contested divorce, the process involved, and everything else. Our team can also provide insight to questions like how long does a military divorce take in NY?

What Is an Uncontested Divorce?

Uncontested means that the couple has agreed to the terms of the divorce settlement, including the division of property, debt allocation, alimony, and child custody/support.

Generally, the uncontested divorce process is more streamlined. The couple doesn't go before the judge to resolve issues. Usually, it's a simple signoff.

What Is a Contested Divorce?

A contested divorce occurs when the parties cannot negotiate the settlement terms without the assistance of a mediator. Ultimately, each spouse has their own attorney, and the judge resolves issues through divorce litigation.

Overall, the key issues at the heart of the disagreement include alimony, debt allocation, division of property, and child custody.

The Contested Divorce Process (From Filing Divorce Papers Through Trial)

Typically, a contested divorce in New York is basically where one party sues the other. As with other litigation issues, this involves calling witnesses, introducing evidence, making motions, and testifying before the court. However, people often settle before a trial date is set.

Here is the process for a contested divorce in New York:

• One party files for the divorce.

• The party who filed must serve the divorce papers to the other spouse. If that can't happen because they don't know where that person is, the court might approve the service of the notification through publication.

• The second party must respond. Under New York law, one has 20 days to answer the divorce summons that was personally delivered to them. It's often wise to hire a divorce attorney in Albany NY as quickly as possible after that happens.

• Someone requests a judicial intervention to receive court dates, putting the divorce on the calendar.

• Before the preliminary conference, a clerk or judge meets with both sides to determine if they agree on any issues and what might force the matter to trial.

• There is a preliminary conference before a court attorney referee or a judge, who often encourages the couple to resolve issues if possible. At the end of the meeting, a trial date and discovery schedule are set. Usually, this is within one year, but it could be longer for complex cases.

• The judge might make temporary orders for child support, visitation, custody, and alimony.

• Discovery happens so that each side can get answers regarding their issues.

• Few cases go to trial; they often settle beforehand.

• If the defendant doesn't answer, the party who filed can request a default judgment. Otherwise, they will go to trial if there is no settlement.

  
  

Prenuptial and Postnuptial Agreements in a Contested Divorce

Usually, if both parties agree on issues before the marriage, they create a prenuptial agreement. A judge will often follow those terms in the divorce case, but either spouse can challenge it.

The same applies for postnuptial agreements. If both parties create one during the marriage, the judge can follow those terms.

However, it's important to understand that postnuptial and prenuptial agreements may not cover all of the issues involved. Having them ahead of time can help deal with a few things and avoid a contested divorce.

Length of Time It Takes for a Contested Divorce in New York

Typically, the contested divorce process in New York can take anywhere from several months to over a year. Both parties are at the mercy of the court schedule, and there's often a lot to cover. For example, property valuation might require experts for appraisals.

Pricing for a New York Divorce

Contested divorces in New York are much more expensive than uncontested versions. Ultimately, they require more time and money to prepare for litigation and go through the process.

What Is a Fault vs. No-fault Divorce?

When one starts the process for a divorce, the person who files (plaintiff) can allege fault on the defendant's part and must prove it.

Generally, a fault divorce might satisfy the spouse who's been wronged to get them a better settlement in the end.

However, a no-fault grounds for divorce often takes less time to complete and is easier to prove.

New York was one of the last states in the US to adopt the "no-fault divorce" process. Overall, the court views the dissolution of marriage as an economic partnership. Therefore, it doesn't matter why it's happening as long as both parties get a fair share of the debts and assets.

Still, a judge can award a bigger portion of the assets to a spouse who was cheated on, especially if significant amounts of money were spent on the paramour.

Alternatives to a Contested Divorce

If a couple can't agree on all issues and wants to work out their differences, the collaborative divorce process is a great choice.

With a collaborative divorce, the parties work together to find a solution with the help of an attorney.

The goal should be to have an uncontested dissolution of marriage. Sometimes, the collaborative process doesn't work, and a divorce attorney is there to ensure that each party has a say in the matter and gets their fair share of everything involved.

Why Hire a Divorce Lawyer

Starting a divorce case in New York can be an upsetting and emotional process. There's often stress and sadness about the divide between partners, so no one is thinking straight.

It's usually best to hire a divorce attorney in New York, especially if you can't agree with your partner about the division of assets. Luckily, Divorce & Family Legal is here to assist. Call to request a free consultation today.