There is a common misconception that all divorce cases involve contention and litigation. The dominant perception of divorce is that couples go into it only when all attempts to repair the relationship have failed. In the media, this is often shown as outright hostility between spouses or a perpetual cold shoulder. However, in New York, statistics continue to show that a large majority of divorce actions filed in the state are uncontested. For example, in recent years, a significant percentage of divorces were granted on no-fault grounds, which often correlates with an uncontested process. This reflects a consistent trend, demonstrating that most divorce cases in New York are resolved with minimal court intervention, often through mutual agreement.
One of the significant advantages of getting an uncontested divorce is the fact that, on average, they take less time to finalize than contested divorces. A contested divorce can take anywhere from 9 months to years before a judgment of divorce can be signed. With a contested divorce, the legal fees and court costs can also add up quickly, especially if the case goes to trial. However, the cost of an uncontested divorce can be typically lower because the couple has already agreed on the terms of their divorce, eliminating the need for extensive legal proceedings.
When spouses can cooperate and agree on the terms of their divorce, the process can proceed more smoothly. In most uncontested divorce actions, the extent of the court’s involvement can solely be to ask a judge to approve the spouses’ settlement agreement and to sign the Judgment of Divorce after an uncontested divorce hearing. This can take, at the minimum, three months to finalize. It is critical to seek the help of a skilled New York uncontested divorce lawyer who can help couples navigate the legal process of divorce with minimal conflict and expense, allowing them to move on with their lives more quickly and smoothly. Call The Law Office of Ryan Besinque today at (929) 251-4477 to schedule a consultation.
How Long Does a Divorce Take
The duration of finalizing a divorce in New York can greatly differ depending on the specific situation due to the unique factors inherent in each case.
In cases where both parties mutually agree on all aspects, an uncontested divorce typically concludes more promptly. Such cases involve no conflicts over financial arrangements, property sharing, or child custody. The necessary paperwork can be managed with relative ease. Generally, an uncontested divorce in New York can be completed in approximately three to six months. This is a favorable situation as it reduces both the emotional and financial strains of the proceedings.
Conversely, contested divorces, where disputes exist over these matters, tend to take significantly longer. If substantial disagreements must be resolved, the divorce process can stretch to a year or more. If agreements can’t be reached, a trial might be essential. Various factors contribute to these elongated timelines, including prolonged negotiations, obligatory waiting periods, court system backlogs, and detailed asset divisions.
It’s vital to recognize that each divorce case is distinct, and the mentioned time frames are approximations. They can fluctuate based on multiple factors, including the efficacy of your attorney, the willingness of both parties to negotiate, and the pace of the court’s procedures.
What Are the Factors That Can Affect How Long an Uncontested Divorce Takes?
As mentioned, the circumstances of the divorce can have a significant impact on how long an uncontested divorce can take. Prior mediation and Alternative Dispute Resolution methods would also help to finalize the divorce faster and a couple can enter mediation either before or after the divorce is filed. The time being discussed in this context is from when the divorce action was initiated until the judge signs the Judgment of Divorce.
Court Backlog
New York Courts have a lot of backlog in caseloads and very few judges to go through each case. Upon filing your divorce, the court will review each of the documents you submit to make sure that everything is in order before the case can proceed. Mistakes and corrections are also costly, as you will need to refile your documents. Getting the help of an experienced New York divorce attorney to help prepare and file your documents can be instrumental in making the process more efficient.
January is considered the most popular time to file for a divorce, earning it the nickname “divorce month”. This is primarily due to economic and sentimental reasons. Some people file for their divorce in January to prepare for the next tax year, while some do it as an attempt at a fresh start in the new year. Filing your divorce in January will let you avoid conflicts during the holidays, especially if there are children involved.
In any case, the timing of when you file is an important factor to consider, as filing your divorce in a “popular” month can have an adverse effect. Especially on the caseload, the courts have to deal with before getting to yours.
Defendant’s Response
After being served with the divorce papers, the Defendant (the non-filing spouse) has a specific window to formally respond. If they live in New York State, they have 20 days to respond. If they live outside of New York, this is extended to 30 days. In an ideal uncontested divorce scenario, the Defendant would respond as soon as they are served. However, the Defendant can also do nothing and expend the whole of the 20 or 30 days. If they fail to respond at all, the divorce may proceed as a “default,” but this still requires adherence to specific timelines and procedures.
Settlement Agreement
Creating a Settlement Agreement is a major part of an uncontested divorce. The Settlement Agreement lays out the terms of your divorce. Once the divorce is finalized, your agreement will become legally binding.
While it may be filed after the divorce has been initiated, the Settlement Agreement can be the balance between the divorce remaining uncontested or having it turn into a contentious one. Here are the factors that you and your spouse need to consider when creating your Settlement Agreement:
- Asset and Debt Distribution: New York is an equitable distribution state. This means marital property is divided fairly, which may not necessarily be a 50/50 split. When working on a Settlement Agreement, you and your spouse should consider what works best for both parties. Considering the earning capacity and the financial resources of each spouse, and which asset would go to whom, would be beneficial in resolving the matter with minimal conflict. The nature of your assets can also influence how long it takes to reach an agreement. Knowing your legal obligations to your spouse is crucial for ensuring your property is valued and divided fairly.
- Child Custody and Child Support: Any divorce case that involves minor children is automatically more challenging than those without. If you and your spouse are friendly with each other, you may be able to determine a visitation schedule and parenting agreement that allows you both to maintain a fruitful relationship with your child/ren. This should include discussions about payment for the child/ren’s healthcare, insurance, education, etc. You may also include in the agreement if and how much you or your spouse will provide child support to one another. The most important thing you must keep in mind is the best interest of the child/ren and how they can have the least disturbance in their current situation, even as you and your spouse go your separate ways.
- Spousal Support: If one spouse is financially dependent or earns substantially less than the other, it may be prudent to discuss furnishing spousal support or alimony. The court may require both of you to share financial disclosures to make sure that you are transparent about your financial situation.
Even if you and your spouse can agree on the major aspects of your divorce and your Settlement Agreement, it will still be beneficial to have an experienced New York family law attorney who can help mediate the settlement. You can also hire a skilled New York divorce attorney to make sure that your rights are protected while negotiating the terms of your divorce.
| Factors | Impact | Details |
|---|---|---|
| Court Backlog | Can delay the processing of the case | New York courts have a lot of backlog in caseloads, and mistakes and corrections can be costly. Getting help from an experienced New York divorce attorney can make the process more efficient. |
| Timing of Filing | Can impact caseload and processing time | January is the most popular time to file for a divorce, but filing during peak months can slow down the process due to increased caseloads. |
| Defendant’s Response | Can affect processing time | The defendant has 20-30 days to respond, and failure to respond can lead to a default divorce. |
| Settlement Agreement | Can influence the contested or uncontested nature of the divorce | Asset and debt distribution, child custody and support, and spousal support are factors that can speed up or delay the process depending on how quickly both parties can come to an agreement. |
Common Mistakes That Can Delay Your Divorce (And How to Avoid Them)
Going through a divorce is a deeply personal and often challenging journey. When both parties agree to the divorce, the process is typically smoother, but certain missteps can still cause frustrating delays. Being aware of these potential hurdles from the outset can help you move forward more efficiently and with greater peace of mind.
Here are some common pitfalls that can prolong an uncontested divorce in New York and how to sidestep them:
- Incorrect or Incomplete Paperwork. The court has strict requirements for the forms and information needed to finalize a divorce. A single mistake, such as a missing signature or an incorrectly filled-out document, can lead to rejection and require you to start over. An attorney helps by preparing and reviewing all documents to ensure they meet the court’s standards from the beginning.
- Improperly Serving Your Spouse. New York has specific legal rules for how your spouse must be formally notified of the divorce filing. This step, known as service of process, cannot be done by you. If the service is not performed and documented correctly according to the law, it can bring the entire process to a halt. A legal professional arranges for proper service and files the necessary proof with the court, preventing unnecessary delays.
- Not Having a Thorough Settlement Agreement. A verbal agreement is not enough. A comprehensive, written settlement agreement is crucial. This document outlines the terms of your divorce, including the division of property and, if applicable, spousal support. Without a properly drafted agreement, disagreements can arise later, potentially turning an uncontested divorce into a contested one. An attorney will help you create a detailed agreement that clearly reflects the terms you and your spouse have decided upon, making it legally sound and enforceable.
Forgetting to Address All Assets and Debts. It is essential to account for all marital property, which includes all assets and debts acquired during the marriage. Overlooking a bank account, retirement fund, or credit card debt can lead to significant problems and delays, even after the divorce is finalized. A lawyer will guide you through the process of identifying and fairly dividing all marital assets and liabilities, helping to secure your financial future.
How Much Does an Uncontested Divorce Cost in New York?
An uncontested divorce tends to be more affordable than a contested one, as it usually requires less time in court and involves minimal legal disputes. When both parties are in agreement on the divorce terms, they can submit the required documents to the court to finalize the divorce without needing a trial.
The expenses for an uncontested divorce in New York range from a few hundred to a few thousand dollars. This amount comprises mandatory court filing fees and variable attorney fees. The overall cost can be affected by many factors, such as the nature of your situation, how assets are divided, and whether children are involved.
Even though an uncontested divorce is typically more straightforward, getting advice from an experienced New York uncontested divorce lawyer is recommended. Given that the cost can vary greatly depending on each person’s unique situation, obtaining a tailored estimate can help you better understand the potential financial implications. A lawyer can help make sure that all documentation is in order and explain the ramifications of your divorce terms. Contact The Law Office of Ryan Besinque today to discuss your specific situation and get a clearer idea of the potential costs involved in your divorce.
How Long Does A Contested Divorce Take?
A contested divorce can take anywhere from 9 months to years before a judgment of divorce can be signed, depending on the circumstances and the grounds of the divorce. This timeframe is significantly decreased in uncontested divorce cases, which often take only about three months to finalize. However, the length of an uncontested divorce can be affected by various factors, such as court backlog, the defendant’s response, and the settlement agreement.
In New York, courts have a substantial backlog of cases, and the timing of when you file your divorce can have an impact on the duration of your case. January, for example, is considered a popular month to file for divorce, which can increase caseloads and affect how quickly your case is processed. If residing in New York State, the defendant has a 20-day period to respond after receiving the divorce papers, whereas those residing outside the state have 30 days. The duration of the divorce process can be influenced by the defendant’s response time.
Additionally, in uncontested divorces, the length can be affected by the settlement agreement, which outlines the terms of the divorce. Factors that need to be considered in a settlement agreement include asset and debt distribution, child custody and support, and spousal support. The nature of your assets and the level of agreement between you and your spouse on these matters can determine how long it takes to finalize the agreement.
Getting the Help of an Experienced Uncontested Divorce Attorney
At The Law Office of Ryan Besinque, we can help you negotiate the trickier parts of the terms of your divorce without sacrificing cooperative communication. Ryan Besinque, a top-rated New York uncontested divorce attorney, may be able to help walk you and your spouse through the process of coming to an amicable settlement. With his extensive experience, Ryan has used collaborative approaches to assist many families in New York in divorce and family law cases.
No one wants a long and dragged-out divorce. Our experienced New York uncontested divorce attorneys at The Law Office of Ryan Besinque may be able to help you make the process more efficient and reduce the emotional and financial impact it may have on you and your family. To schedule a free consultation, contact us today at (929) 251-4477 or fill out our online form.
