When a marriage comes to an end, the divorce process can feel overwhelming—especially when time is of the essence. A standard divorce often takes several months or years, but an expedited divorce in New York offers a faster resolution for those facing certain urgent circumstances. So, how do you know if you qualify for an expedited divorce, and how can you secure a quicker resolution to your case?
What is an Expedited Divorce?
An expedited divorce is a legal process that accelerates the dissolution of a marriage for individuals with urgent circumstances. While a typical divorce can stretch out over several months or years, an expedited divorce in New York shortens the timeline, ensuring a faster resolution. However, it’s important to note that not everyone qualifies for an expedited divorce—this option is only available to those who meet specific criteria that justify the need for a quicker legal outcome.
Unlike a standard divorce, which typically moves through the court system based on the availability of judges and the backlog of other cases, an expedited divorce in New York is prioritized on the court’s docket. This means the court will process your case faster, but only if you have a valid reason and supporting documentation to justify the request.
Qualifiers for Expedited Divorce
To qualify for an expedited divorce in New York, you must meet certain criteria that warrant faster legal proceedings. It’s important to note that expediting a divorce is not common, and the court will only grant this request under compelling circumstances. Here are the most common qualifiers that may allow you to move through the process faster:
- Military Service: If you have recently enlisted and are facing deployment, you may be eligible for an expedited divorce to resolve matters before your deployment begins.
- Immigration Status: If you are in the middle of the immigration process and need a final divorce judgment to maintain your visa status or remain in the country, this could qualify you for expedited treatment.
- Pregnancy: If you are expecting a child and your current spouse is not the biological father, an expedited divorce may be granted so that legal matters are resolved before the child is born.
- Marriage Intentions: If you plan to remarry and are facing delays in finalizing your previous divorce, an expedited process may help you move forward with your plans.
- Property Purchase: In situations where you are separated from your spouse and wish to purchase property as a single person, you may seek an expedited divorce to clarify your marital status before the transaction.
Each of these qualifiers represents situations where the court may prioritize your divorce. However, even if you meet one of these criteria, your success in obtaining an expedited divorce will depend on presenting a strong case with appropriate documentation.
Requesting an Expedited Divorce
Once you meet the qualifications for an expedited divorce in New York, the next step is to formally request it through the court. Your attorney will file a motion requesting priority handling for your case, explaining why your circumstances require a faster resolution.
The process involves gathering relevant documentation to support your claim. For example, if you are seeking an expedited divorce due to an upcoming remarriage, you may need to provide evidence such as receipts for wedding expenses, contracts for venues, or invitations that show your need for urgency. Each case is highly fact-specific, and the smallest details can make a significant difference in whether your request is granted.
Even with a well-prepared motion, it is important to understand that there is no guarantee the court will agree to expedite your case. The judge will evaluate the urgency and legitimacy of your reasons against the many other cases pending in the New York court system. If your request is denied, your case will proceed along the typical timeline, meaning you could wait at least 4 to 6 months, if not longer, to receive a final divorce judgment.
How Long Does an Expedited Divorce Take in New York?
An expedited divorce in New York can significantly reduce the time it takes to finalize a divorce compared to the typical 4 to 6-month process. While there is no guaranteed timeline, once the court approves the expedited status, your case may be resolved within weeks or a couple of months. The actual length depends on the court’s caseload, the complexity of your divorce, and how quickly necessary documents are filed.
It’s important to understand that, even with an expedited divorce in New York, all legal requirements still apply, such as serving papers and allowing time for responses. Factors like disputes or missing documents can cause delays. Working with an experienced attorney can help ensure your expedited divorce is processed smoothly, reducing unnecessary hold-ups.
Beware of “Fast Divorce” Scams: What You Need to Know
In your search for a quicker divorce, you may come across services that promise to finalize your divorce in as little as two weeks. While these offers may sound appealing, be cautious—most of them are scams. Divorce in New York has strict legal guidelines, and there is no legitimate way to bypass the process entirely.
Scammers often target people who are emotionally vulnerable or desperate for a quick resolution. These fraudulent services may charge significant fees and leave you with no legal resolution. Always remember that if something sounds too good to be true, it probably is. Legal processes, especially divorce, take time to ensure all parties are treated fairly. Stick with reputable legal professionals who understand New York’s divorce laws and can provide legitimate guidance.
Why Work with a Trusted Divorce Attorney in New York
Navigating the complexities of an expedited divorce requires skill, knowledge, and attention to detail. The best way to ensure your divorce progresses smoothly—and as quickly as possible—is by working with an experienced divorce attorney who understands the unique aspects of New York family law.
Our team at Brian D. Perskin & Associates P.C. has helped countless clients navigate the process of expedited divorce in New York. We understand how important it is to resolve your case quickly, and we’re ready to fight for your best interests. Reach out today to schedule a consultation and explore your options.
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