How Long Does a Divorce Take in New York?

The most common question at a first consultation is how long this is going to take. The honest answer is that it depends on one thing more than any other: how much the two of you disagree. Here is what the process looks like in Suffolk County.

Uncontested divorce: three to six months

If both spouses have signed a settlement agreement resolving custody, support, maintenance, and property, the divorce is uncontested. The attorney drafts the agreement and the full package of court papers, the defendant signs an affidavit, and the papers are submitted to the Supreme Court. Once submitted, the judgment typically comes back within a few months depending on the court's backlog. Neither spouse usually has to appear. The variable is how long it takes to negotiate and sign the agreement, which can be two weeks or six months.

Contested divorce: a year or more

When the parties cannot agree, the plaintiff files a summons, the defendant answers, and the court schedules a preliminary conference, usually within a couple of months. The parties then exchange financial disclosure, including sworn statements of net worth, tax returns, and account statements. Motions for temporary support, custody, or exclusive occupancy may be filed. Expert valuations of a business, a pension, or real estate add time. Most contested cases settle at some point during this process. Those that do not go to trial, which in Suffolk County can mean a year to two years from filing to judgment.

What slows a divorce down

• Disputes over custody, which usually require an Attorney for the Child and sometimes a forensic evaluation
• Businesses, professional practices, or complex assets that need valuation
• Hidden income or incomplete financial disclosure
• A spouse who will not participate or cannot be located
• Court congestion and adjournments

How to shorten it

Agree on what you can agree on, even if it is only the small things. Gather your financial documents before the first conference. Be realistic about the marital home and about support, because the law is predictable on both. Consider resolving custody separately through a parenting agreement so the financial issues can move forward. An attorney who prepares the case and keeps it moving on the court's calendar makes a measurable difference.

Is there a waiting period in New York?

New York has no mandatory separation period before filing. The no fault ground requires that the marriage has been irretrievably broken for at least six months, which is a statement in the complaint, not a waiting period after filing. The residency requirements, generally one year for at least one spouse, must be met at the time of filing.