If you’re considering divorce in New York, you may wonder how long it takes to reach a resolution. While there’s no one-size-fits-all answer, certain factors can impact the average length of NY divorce.
Let’s examine the length of time the different types of divorce generally take and break down how specific elements—like the type of divorce, net worth, business ownership, and residency—can impact the timeline.
How Long is the Average NY Divorce?
On average, the New York divorce process typically takes between 3 to 12 months, though cases with higher conflict or more complex assets can take longer.
New York divorces may be faster than in some other states due to the absence of a mandatory waiting period. For example, states like Louisiana and California have a mandatory waiting period of six months to a year from the date of service before a divorce can be finalized.
What Factors Impact the Timeline of Divorce?
While New York’s lack of a waiting period may speed up the divorce process, several other factors ultimately determine how long your divorce will take to finalize. Examples include the type of divorce, assets, business ownership, and residency.
Uncontested vs. Contested Divorce
The type of divorce is perhaps the most significant factor in determining how long the process will take. New York has two types of divorce: uncontested and contested.
If you and your spouse can agree on all major issues (such as child custody, property division, and spousal support), you may be able to pursue an uncontested divorce. Uncontested divorce is by far the fastest route, with many cases concluding in 3 to 6 months. A faster timeline is possible because it requires less court involvement. After filing the divorce petition, the court can review the agreement and deliver a final judgment.
Uncontested divorces are also less expensive due to less court involvement and attorney fees. While it's advisable to hire an attorney to ensure the agreement is fair and legally sound, some couples choose to represent themselves (pro se divorce).
In contrast, contested divorces occur when the spouses cannot agree on key issues. Contested cases can involve multiple rounds of negotiations, discovery, mediation or settlement conferences, court hearings, and possible trial. As a result, contested divorces can take significantly longer—often a year or more, depending on the level of conflict and complexity of the case.
Net Worth and Assets
The more significant the assets involved in the divorce, the longer the process is likely to take. High net worth divorces often require complicated asset division, including businesses, investment portfolios, real estate, art collections, and other financial interests.
The process of valuing numerous assets, negotiating the division, and hiring expert witnesses or financial advisors can add months to the timeline. When there are disagreements over the valuation of assets, this can lead to delays as the court needs time to review the evidence, hear expert testimony, and make determinations.
Business Ownership
Divorce can become even more time-consuming if one or both spouses own a business. Business valuation is often a key part of the divorce settlement. Negotiations may also occur over how the business will be managed after the divorce or whether one spouse will buy out the other’s share. These complex negotiations often require additional time and legal work, extending the divorce process.
Residency
To file for divorce in New York, at least one spouse must be a resident of the state for a continuous period of at least one year. This residency requirement must be satisfied before the court will accept the divorce petition.
In some cases, spouses who live in different states or countries may need to coordinate their divorce filings based on residency requirements, which can further complicate and lengthen the timeline.
What Is the Fastest Way to Divorce in New York?
The fastest type of divorce in New York is an uncontested divorce. When the parties agree on all major issues, you can file an uncontested divorce and finalize it in 3 to 6 months.
If an uncontested divorce is not possible, mediation can be a good option. In mediation, both parties work with a neutral third party to try to resolve their disputes outside of court. Depending on the case’s complexity, this process can take anywhere from a few weeks to several months.
Arbitration is another kind of alternative dispute resolution that may speed up the process, but it is typically more formal and expensive than mediation. Finally, litigation—particularly if your case goes to trial—can take significantly longer, often 12 months or more.
If you are considering divorcing in New York and have questions about how long the process could take, contact the Bikel Rosenthal & Schanfield LLP team. Call 212.682.6222 or Connect Online.