How Long Does an Uncontested Divorce Take in NY?

Divorces are an emotionally difficult process for the parties involved. Apart from separating from their partners, people still have to go through all the paperwork and legal parts of the procedure. Depending on the case, this can be highly stressful.

All divorces are different. Some are more difficult than others. The complexity of the process depends on a variety of factors. One is if the defendant's spouse wants to contest the divorce.

Someone looking forward to divorcing as quickly as possible wants an uncontested divorce process. How long does that take? That's what the reader will learn on this page.

Lawyers will always try to get the best outcome possible for their clients. However, it's also important to make the legal part of divorcing the least stressful it can be.

Divorce & Family Legal understands that and offers compassionate and dependable legal services. This law firm helps clients in Albany, NY. People can call to schedule a free consultation. Our team is able available to answer questions such as how long does a military divorce take in NY?

Who Qualifies for an Uncontested Divorce?

Not everyone qualifies for uncontested divorces. Both spouses must meet specific criteria to go through this procedure. Now, what does it mean when a divorce process is uncontested?

In this context, uncontested divorces imply that both parties agree on the terms of their separation and all the issues related to it. Therefore, they don't need to go to court to address the situation. People often prefer this option because it's more affordable and faster than contesting the procedure.

To qualify for an uncontested divorce, both spouses must meet the following requirements:

Residency Requirements

This page focuses on divorce proceedings in New York. Hence, the parties involved need to comply with specific residency regulations. If they don't, their case won't enter the jurisdiction of the courts in the state.

The first requirement is that one of the spouses must have been living in New York for at least two years before filing for divorce. Secondly, people qualify for an uncontested process if the cause of the divorce happens in the state and both parties live there.

At last, people can file for divorce in New York if one of the spouses has been living there for at least one year before filing the papers. However, to meet this requirement, the parties must have gotten married in the state, lived there after marrying, or proved that the cause of the divorce happened in New York.

This rule would also apply to a contested divorce in the state, but it's important to let people know this is an official requirement.

Agreement on Divorce Issues

Since this page is about an uncontested divorce case, the next requirement is that both parties must have a clear agreement on all issues. These include many things, such as the allocation of outstanding debts and the division of real estate and personal property.

If the marriage needs to handle alimony, child support, or child custody, both spouses need to agree on that. This is, most likely, one of the parts of a divorce that makes it take longer than other legal processes.

It's difficult to agree on all divorce issues, especially if there are children involved. Nonetheless, the parties in the case don't need to have a full agreement from day one. Often, they hire a New York divorce attorney to address the situation.

Getting to an agreement is easier when there's someone there to mediate between both spouses. Once they have that, they can take the case to the county clerk's office.

In most cases, mediators make divorce documents that show the agreements the parties reached while negotiating. That paper is often the basis for future marital settlement agreements.

Agreement on No-fault Reason for the Divorce

The last requirement consists of agreeing on the initial reason for the divorce. Why is this important? Because legally, all divorces must have clear grounds stated by the law.

Now, if both spouses want this to be an uncontested proceeding, they should go for no-fault grounds, which is allowed in New York. These are the standard grounds for divorce in the state:

• Abandonment

• Irretrievable breakdown in the marriage for at least six months

• Cruelty

• Imprisonment

• Adultery

• Legal separation agreement

• Judgment of separation

  
  

When spouses don't go for no-fault grounds for divorce, they would have to prove that the other party was to blame for the breakdown of the relationship. This would include looking for proof of misconduct, such as cruelty or adultery.

How Long Do Uncontested Divorces Take in New York?

Uncontested divorces are the fastest way to get divorced in New York. How long do they take? That depends on the specific circumstances of the case. Many factors could alter the duration of the process, such as the availability of New York courts, paying filing fees, and waiting for the other party to respond to the procedure.

Generally, this process takes from six weeks to six months. It could take less or more time than that, though. These are the specific factors that affect the length of uncontested divorces:

Starting the Process and Filing Divorce Papers

To start the process, both parties must file the divorce papers. This often takes from one to two weeks. Here, the plaintiff will file a formal complaint in the county clerk's office. Ideally, people should do this with help from a divorce lawyer in Albany NY.

It's worth noting that when the plaintiff does this, the court will give them an index number that should be on all the documents related to the proceedings. This has a price that adds up to the total uncontested divorce cost. It's part of the legal fees.

Serving Divorce Papers and Waiting for a Response

Once the plaintiff files the divorce papers, they must serve their spouse. If they don't do this within 120 days of filing, the court will dismiss the case.

Something important about serving another person in a divorce case is that the plaintiff can't do it themself. They have to look for someone who is 18 years old (or older) and has no interest in the proceeding.

Given the case that the plaintiff can't find someone to serve their spouse for them, they can ask a court's process server to do it.

The waiting period after serving divorce papers can't exceed 20 days. This extends to 30 days if they are served outside New York.

Submitting Final Divorce Papers

If the process moves without a dispute, the plaintiff has to file the final divorce papers. That includes the settlement agreement, findings of fact, and conclusions of law. They will send those to the judge for them to review the documents and make sure nothing is missing.

Submitting final divorce papers can take from two to six weeks. This process could take longer if the judge asks for corrections. Hence, it's especially important to hire a lawyer to review the documents before sending them to avoid making the process longer. They can also assist with questions such as how long does divorce by publication take in NY?

Although this doesn't happen every time, this part of the divorce proceedings can take more than expected if the court where the case is being handled is too busy at the moment. In that case, both parties need to wait for one of the judges to be available.

Judge's Review

Related to the availability of the judges, people must wait for the judge's final review. Busy counties can take from three to six months to handle divorces, as courts process them in the order they receive them.

Thus, the time the divorce takes to be processed depends on the judge's workload when they receive the papers.

Final Divorce Decree

The last step of the whole divorce process and judicial intervention is getting the final decree. This shouldn't take more than four weeks. First, the judge will sign the judgment of divorce and give it to the county clerk to process it.

After the judge has the final divorce decree, the plaintiff has to serve the other party with the notice of entry. Once they do this, the process officially ends.

In the best-case scenario, the fastest divorce would take six weeks. For this to happen, the plaintiff and defendant should file everything quickly and correctly and wait for the judge to process everything quickly.

Now, average cases take from three to six months. This is mostly due to court delays. It's unlikely to see uncontested divorces taking up to a year, but it can happen if documents need revision.

Conclusion - Get Help from a New York Divorce Lawyer Today

While uncontested proceedings are the fastest way to get divorced, it's still important for both parties to cooperate to get the process done as soon as possible. If they make a mistake while filing the papers, they will delay things a lot.

Hiring a decent New York lawyer will ensure these situations don't happen. They will also help both parties find an agreement on spousal support and other divorce-related issues. It's easy to get overwhelmed by the necessary paperwork included in this kind of procedure, but lawyers are already used to that and can take that off their clients' plates.

Divorce & Family Legal is available for clients in Albany, New York. They can call the firm today and explain the case to one of its lawyers in the initial consultation.