How long does an uncontested divorce take in New York State?

How can I get a quick divorce in NY?

In your uncontested divorce, the easiest way to speed your divorce through the court is for the defendant to waive service by signing an Affidavit of Defendant. If your spouse refuses to sign the affidavit, you will have to hire a process server to deliver a copy of the summons and complaint.

How does an uncontested divorce work in New York State?

In New York, an uncontested divorce is where both spouses agree to end their marriage and have settled all of the divorce-related issues in their case, such as division of property and alimony. In New York, you and your spouse also have to agree on the “grounds” or reason for your divorce.

How long does an uncontested divorce usually take?

If there are no objections to the Complaint, a no-contest divorce can be scheduled, and should usually be conducted quite quickly. After the hearing a Judgment of Divorce will be granted. Depending on the state in which the spouses live, uncontested divorces can take anywhere from two days to 18 months.

Is there a waiting period for divorce in New York?

Once your case is filed in New York, there’s no formal waiting period before a judge can enter a decree of divorce (final order) in your case. Same-sex couples who married legally in another marriage-equality state can get divorced in New York as long as they meet the residency requirements.

THIS IS IMPORTANT:  Is it OK to marry a divorced guy?

Can you expedite a divorce in NY?

In order to receive an expedited divorce, your attorney must file a motion with the court and request that your case become a priority. As with any divorce or family law matter, expedited divorces are extremely fact specific. … You will have to wait 4 to 6 months to receive a Judgment of Divorce.

What happens in an uncontested divorce?

In an uncontested divorce, the spouses agree on the issues raised from the divorce, in which the court officials will typically process the divorce in ways which do not require the parties to go to court.

Can you get divorced without going to court?

In most places it is possible for you and your spouse to get a divorce without going to court. … In mediation, a neutral third party meets with the divorcing couple to help them settle any disputed issues, such as child visitation or how to divide certain assets.

Does it matter who files for divorce first in NY?

It generally does not matter who files first in a New York divorce case. The filing spouse does not get an advantage to “set the rules” of the divorce. New York courts apply principles that do not favor one party over the other.