How long does the divorce process take in New York?

Why do contested divorces take longer in New York? 

Contested divorces can take longer to complete than uncontested divorces in the state of New York because more visits to the courts are often required to come to terms. Uncontested divorces can be a relatively quick process with minimal court involvement. Contested divorces can also get delayed because of the logistics surrounding court dates. It is important to choose a Brooklyn divorce attorney that will advocate for you, especially when your divorce may be a lengthy process.  

If children are involved will that make the divorce process take longer?  

Not necessarily. In the state of New York parents are allowed to come to custody terms outside of court if the agreement serves the best interests of the children. If timeliness is a high priority in your divorce, coming to terms with your co-parent early on regarding child responsibilities should help streamline your process. The expert New York divorce attorneys at Brian D. Perskin & Associates are ready to work with you on your timeline.  

What happens to the timing of divorce if one parent refuses to handle custody in New York outside of court? 

If both parents cannot agree on custody outside of court, this will likely make your divorce process take longer. Should the case go to trial, a judge will determine physical custody- where the child lives, and legal custody- the decision-making part of parenting. To learn more, check out How Child Custody is Determined in New York.  

I have personal and marital property; will this take longer to sort out during my divorce in New York?  

In New York, judges divide up marital property equitably. This does not always mean a 50/50 split in the eyes of the court, so it may take longer to come to terms with property when each individual is assessed on their own earning potential. Additionally, the court will determine what property is deemed separate from the marriage and what property is deemed marital property. This division of property process may take less time if there is a prenuptial agreement in place. More information on prenuptial agreements and their benefits can be found in the blog resources- Get a Prenuptial Agreement and Protect Your Marriage.  

Once a divorce case is settled, is there a time limit on if any terms be revisited in the future?  

Terms of custody may be revisited in New York if there has been a substantial change in circumstances. A divorce case can be reopened on the basis of a mistake or oversight, new evidence, fraud, or coercion. While there is no time limit per se on revisiting terms in the future, it is important to be timely in securing representation especially if a mistake was made, or new evidence comes to light. If you believe you have reason to reopen your divorce case at any time in New York, contact Brian D Perskin & Associates at 1-800 DIVORCE.