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Going through a divorce can be a very emotional and taxing experience for most couples, which is why it is often better to get it over with as soon as possible.
However, in most cases, it will take a lot longer to divorce someone than it did to get married in the first place, and the paperwork is certainly a lot more complicated.
Luckily for New York State residents, their expected waiting period of 9.5 months is much lower than the national average of 11 months. This is likely because there is no need to go through a waiting period when getting a divorce in New York.
Still, it is a long time to wait until a person can put this particular chapter of their life behind them. A good Albany divorce lawyer can help speed things up while ensuring that their client gets everything they deserve from the marriage.
Divorce and Family Legal, is here to help. Top-rated New York divorce attorneys are ready to offer a free consultation at their Albany law firm today. They can also help questions such as how long does it take to get divorce papers in NY?
How Long Is a Typical New York Divorce Process?
When the divorce case is a simple and uncontested one, in New York, it may take as little as two to three months for a judge to sign the divorce papers. If both parties are in agreement and quickly pay the filing fee at the county clerk, the entire process should be a smooth one.
However, if disputes arise over property distribution, child custody, spousal support, etc., or if one spouse is not ready to accept letting go of the marriage, the divorce case can drag on for much longer.
Typically, divorce proceedings in such volatile situations can go on for anywhere between 18 months and two years before both parties and the judge will sign divorce papers.
Length Based on Type of Divorce - Contested Divorce Vs Uncontested Divorce
The most defining factor regarding the length of New York divorce cases is, usually, whether it is a contested divorce or an uncontested divorce.
Of the two options, uncontested divorces are preferable because they take a much shorter time and have a higher chance of ending with an amicable separation agreement after the judge signs all the paperwork.
An uncontested divorce decree also saves both parties a lot of money because there is no need to hire lawyers for a very long time just so that they can fight over every last item in the house to the bitter end. Some of these items, such as spoons and toolboxes, may even be worth a lot less than the attorney fees it takes to win them.
When faced with such a situation in which both spouses are not willing to see eye to eye on any aspect of the divorce, and emotional issues take precedence over equitable distribution of property, it takes a compassionate and highly experienced divorce attorney to smooth things over and offer the best advice to their client.
Other Factors That Can Affect the Length of the Divorce Process
While the difference between contested and uncontested divorces usually determines the number of court hearings that need to be scheduled and, as such, the length of the entire divorce in New York, there are other factors that also need to be considered.
The question, "How long does it take for a judge to sign a divorce decree in NY?" can only be fully answered after also considering the following factors:
Fault Vs. No-fault Based Divorce Case
In a fault-based divorce in New York, the aggrieved spouse must prepare and present evidence to the court that shows why their partner's conduct is the direct cause of the ending of their marriage.
Typically, the accused party will try to fight the allegations, which inevitably results in more court appearances, a complex litigation process, and a longer divorce proceeding.
Child Custody Issues
The fight over who gets custody of the children can be a long and bitter one. As it is such a sensitive and important issue, it is also one of the things that may cause a judge to delay finalizing a divorce until they have done what is best for the child.
In some cases, judges may give one spouse some time to demonstrate their ability to take care of the children, which may mean being given a few months to get steady employment and a good living environment, for example.
Further investigation may also be needed to determine the amount that is appropriate for child support. All these things ultimately lead to a longer divorce process.
Legal Separation
Divorce that comes after a legal separation agreement is usually a lot faster because most of the legwork has already been done. At this point, the only thing left to get the divorce finalized is the divorce decree, which the judge will sign.
Marital Property Distribution
When dealing with a divorce between spouses who have a lot of jointly owned property, it can be very difficult to agree on who gets what from the marriage. With both legal teams fighting hard to get the most for their clients and the spouses each wanting to get in one last kick before walking away, months or even years can go by before reaching an agreement.
Divorce Mediation
Hiring a divorce mediator can be very helpful when it comes to speeding up the process. Having a third party in the room whose sole purpose is to get the process done quickly without taking sides will allow both parties to have some common ground on which to discuss things in a civilized manner.
Delays at the County Clerk's Office
Sometimes, despite everything being ready and both parties wishing to get a divorce as soon as possible, court workload issues can still cause significant delays in the process.
Online Divorce
Couples who are in agreement and have no outstanding issues over property division or child support can choose to file for their divorce online. Using the electronic filing system, they can proceed without any delays, and get a divorce in New York in as little as six weeks.
A Good Lawyer Can Reduce the Waiting Period
With so many factors that can determine the length of divorce cases in New York, it is not enough to simply say the relationship is irretrievably broken and expect judgment in several weeks. The processing alone can take six months before even considering child custody and property disputes.
A good New York divorce attorney can help speed things up. Divorce and Family Legal is offering a free consultation today to help settle any divorce in the best way possible.