How Long Does the Divorce Process Take in New York?

How Long Does the Divorce Process Take in New York?

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Full transcript by James Nolletti below.

How long the divorce process takes depends on whether it is a contested or uncontested divorce. In an uncontested divorce, the ability of the parties to resolve their differences and agree upon any child-related issues and all financial issues is the most important factor in shortening the process. It could take as little as a matter of weeks if the parties and their lawyers cooperate with one another to reach an agreement.

A contested divorce, one which involves court intervention to resolve, takes considerably longer and obviously costs much more. This type of case begins when a spouse files a divorce action with the court. That spouse that has 120 days to serve the other spouse who has 20 to 30 days to respond, a request for judicial intervention is usually filed early on in the case.

According to the New York State Court system, the standards and goals guidelines, a standard case should be resolved within 12 months from the filing of the request for judicial intervention. Complex cases are allotted more time. During that time period, the parties will have to attend court conferences so that the court can set and monitor discovery deadlines, issue orders regarding interim support, an interim child custody and access, and agreed to the use of experts determined to be necessary.

Of course, the parties may reach a settlement agreement along the way. In fact, most do settle. If they can’t reach an agreement, then a trial is scheduled.

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