The best things in life are worth waiting for. This includes divorce (especially since it can be a good thing). However, there are times when the process may need to be sped along. Is it possible to have an expedited divorce in New York, and if so, how can you ensure your case is finalized in a timely manner?
Realistic Divorce Timeframe
The exact timeframe for a New York City divorce varies depending on a few variables. Is your case contested or uncontested? Are you and your spouse able to draft, execute, and file documents in a timely fashion? Do you have children, or share marital property? Have each of you retained separate legal counsel?
An uncontested divorce with no children or property can take anywhere from four to six months to be finalized, and that’s after all documents have been signed and filed correctly. For pro-se litigants, or those who have not hired a lawyer, the process may take more time. It is common for those who are unfamiliar with the court system (or the divorce process, in general) to make mistakes on their paperwork, and file document incorrectly. When in doubt, always turn to the experts!
Contested divorce cases are entirely different beasts compared to uncontested matters. In contested actions, parties will have disagreements concerning child custody, spousal support, equitable distribution, or the grounds for divorce. These kinds of cases involve extensive discovery periods, months of negotiations, depositions, and motion practice, all before a trial can even begin. Because of their complexity, contested divorces take a great deal of time. It is not uncommon for a highly contentious case to last a few years.
Expediting Your Divorce
Tens of thousands of divorce cases are filed in New York City and Long Island each year. The court system is overloaded and backlogged, which is why even uncontested cases take around six months to be finalized.
Expediting a matrimonial action in New York isn’t easy, nor is it common, but it is possible. In order to be granted such a privilege, the parties must have a valid and acceptable reason as to why their divorce should take preference over others. There are many reasons why a divorce can be expedited, but some of the most common include:
- Pregnancy: A woman is due to give birth before her divorce is finalized, but her legal husband is not the father of the child
- Marriage: Either party is planning on getting married, but their papers have been delayed or denied, and their divorce will not be final prior to the wedding date
- Immigration: A married person applied for a visa prior to initiating their divorce, and must present a Judgment of Divorce in order to be allowed to stay in the country
- Purchasing Property: A person is separated from their spouse, but not divorced, and wants to buy property as a single (not married) individual
- Military: A person enlists in the military and is facing deployment, and they must divorce their current spouse in order to get remarried so their significant other can receive their military benefits
Keep in mind that the examples stated above are very fact specific, and will vary on a case by case basis. Drafting, filing, and litigating motions for matrimonial cases is not an easy task. It requires an expertise and know-how that only a seasoned divorce lawyer will have. If you are serious about petitioning the court for an expedited divorce, you must hire an attorney to represent you.
Be Cautious of Scams
As the age old saying goes, if it sounds too good to be true, then it probably is. There are hundreds, if not thousands, of companies that prey on the vulnerable by promising a fast, 30-day divorce. These services are riddled with fees, and often employ underqualified staff to fill out paperwork on behalf of their clientele.
As discussed earlier, there is a very specific process for expediting a divorce case. Companies and centers promising a quick divorce often cannot fulfil their end of the agreement. They must abide by the same laws, rules, and regulations of the court as attorneys. If one of these centers promises you any different, you should take your business elsewhere.
The Perskin Guarantee
Petitioning the court for an expedited divorce requires the attention of an experienced matrimonial and family law firm. While not every motion will be granted, you can rest assured that the staff at Brian D. Perskin & Associates P.C. will give your case the attention and professionalism that it so rightly deserves. A proven track record of successfully representing clients during expedited divorce actions in New York City has provided the qualified attorneys with the experience necessary to handle your delicate matter.
For more information, or to schedule a free consultation, contact Brian and his team today!