How long does the divorce process take in New York?

How long does divorce take in New York?

The duration of a divorce case in New York can vary significantly depending on whether it’s an uncontested divorce process in New York or a contested divorce requiring multiple court appearances and legal negotiations.

Factors That Affect How Long Divorce Proceedings Take

Several key factors can influence the timeline of divorce proceedings in New York:

• Whether both parties agree on major issues such as spousal support, child custody, and child support

• Whether the divorce papers are accurately and promptly filed

• The complexity of marital assets, especially in high-net-worth divorce cases

• The local court system’s current caseload and scheduling delays

The more conflict or paperwork errors involved, the longer your divorce case may take to finalize. Working with a knowledgeable divorce attorney can help reduce delays and streamline the process.

Example Timelines for Divorce in New York

If the divorce is uncontested and all divorce papers are filed correctly, it may be finalized in as little as 30 days after the signing of the judgment of divorce. This is most common when both spouses reach an agreement early on and there are no major disputes to resolve.

On the other hand, a contested divorce—where disagreements arise around spousal support, child custody, or asset division—can take several months to years. The more complex the divorce case, the longer it typically takes to move through the court system.

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.  

How to Speed Up the Process

Working with an experienced divorce attorney or family law attorney can help ensure your documents are properly submitted and deadlines are met. A skilled law firm will also help you navigate disputes over financial matters or parenting plans more efficiently.

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.