When a family goes through a divorce, the process can have a devastating emotional impact on parents and children. The time it takes to complete a divorce will depend on various factors, such as whether the proceeding is contested or uncontested.
To learn how to speed up the divorce process in New York, schedule a complimentary consultation with a lawyer today. Our seasoned divorce attorneys are here to advise you on the most efficient ways to expedite the process.
Divorce proceedings are initiated when a spouse files a summons and complaint with the Supreme Court of the State of New York in either spouse’s county of residence. A spouse is only eligible to file for divorce when they have lived in New York for an uninterrupted period of at least one (1) year, according to New York Domestic Relations Law § 230.
The timing and manner of the other spouse’s response once the divorce process is commenced will determine if the proceeding is uncontested or contested. If the defendant signs the divorce affidavit after being served, the proceeding will proceed as an uncontested divorce.
Uncontested divorces can speed up the process in New York because the spouses generally agree on matters such as child custody, child support, the distribution of marital property, and other issues that often cause disputes.
The other spouse can also contest the proceeding after being served by filing a notice of appearance. If the parties cannot reach a mutual agreement through mediation, the process will likely take longer, and they may need to submit to a Court hearing to finalize the divorce and resolve disagreements.
A spouse must state an acceptable legal ground for ending the marriage when filing for divorce, outlined in N.Y. Dom. Rel. Law § 170:
The grounds for divorce stated by the filing spouse can significantly impact how long the divorce process will take. If the other person disagrees with the reasoning, they are more likely to contest the proceeding.
Spouses are also likely to speed up their divorce process when they can reach a mutual compromise on matters such as property distribution, child custody, child support, and spousal maintenance (formerly known as alimony). This can occur before marriage through a pre-nuptial agreement or by reaching a post-nuptial agreement once divorce is imminent.
An alternative dispute resolution like mediation can help spouses reach an agreement to expedite the process. The parties can attempt to find a third-party mediator on their own or use the state’s Court-based mediation services.
Reaching a mutual agreement can also avoid leaving essential matters in the hands of the Court. For example, New York follows the rule of equitable distribution under N.Y. Dom. Rel. Law § 236(B) when deciding how marital assets are distributed.
The rule requires that marital property be divided fairly, but it does not mean that assets are split 50–50. Separate property that a spouse owned before the marriage is generally not subject to distribution.
The Court can consider a wide range of factors when deciding issues involving marital property versus separate property. If spouses in New York have disputes about specific assets, this may further prolong the divorce process.
The timeline for finalizing a divorce can vary greatly based on factors like the amount and value of marital property, the number of children the couple has, or disagreements over spousal maintenance.
Our compassionate family attorneys may be able to help with the process by pursuing an amicable and favorable outcome. Schedule a complimentary consultation with The Colwell Law Group, LLC today to learn more.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease.
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