When it comes to filing for a divorce, there is nothing more emotionally taxing than a divorce that seems to go on forever. And there are many factors that weigh into how long it will take for a divorce to be finalized. But in many cases, it comes down to a matter of how contentious the divorce is and how the spouses interact with each other. To speak with an experienced Manhattan divorce lawyer, call us today.
How Much Can You Compromise in Your Divorce Negotiation?
How long it takes to get a divorce in New York will vary. But one of the most important elements of how quickly a divorce will take is completely dependent on the couple. The ability to compromise with your spouse is one of the primary indicators on how quickly and amicably you will be able to get through your divorce and go on to live the rest of your life.
The Ability or Inability to Work in Cooperation During the Divorce Process
The last thing a couple wants is for a divorce to drag on ad infinitum. But when a couple who files for a divorce has a great deal of assets to divide or children and custodial rights to be considered, it often muddies the waters. Once a divorce becomes confrontational between spouses, it takes longer for a resolution.
Divorce Mediation Is an Option in NYC
Mediation is often a good way to resolve matters of divorce when a couple can work amiably toward a common and equitable goal and typically doesn’t take long to finalize. With mediation, spouses filing for a divorce will meet with a mediation professional to discuss their needs. The mediator is a facilitator but the couple inevitably has control over the decision-making process with regard to their divorce.
If divorcing spouses have agreed on most of the variables of asset division, child custody and support, spousal support and other issues, an uncontested divorce is the next quickest option. Because New York is a no-fault state, a couple does not need grounds to get a divorce.
When important aspects of the divorce are already agreed upon, the attorneys can then draft the documents and file them with the court. Depending on the county where you are filing for divorce and what the court backlog is, an uncontested divorce doesn’t take very long to be finalized, approximately four to six months.
A Contested Divorce in Manhattan
Very often, a couple who has filed for divorce has moved beyond the ability to work cooperatively with each other. A contested divorce in New York is when the parties disagree on at least one variable of the divorce. This can be a property dispute or a disagreement on child support or alimony. But a contested divorce will require both spouses be represented by lawyers who work in their best interest and that of their children.
Needless to say, when there is disagreement, it can often take a long time to resolve and finalize a divorce. Documents must be drafted and meetings scheduled in order to come to a settlement between the spouses. If that isn’t possible, the case will go before the court for resolution.
Factors That Affect The Duration Of A Divorce
The average New York divorce takes approximately 3 months for uncontested cases and 9 months for contested ones. It is hard to know how long it will take for your divorce to be completed, especially if a lot of matter is contested.
The length of the divorce proceedings can also be affected by the presence or absence of children, property, and other matters. The complexity of divorce paperwork and the fact the judge has to review all of it in order for them to ensure that everything is compliant with applicable divorce laws, and in the best interests of the children, increases the time required for the finalization of the divorce. The Court’s schedule could have an impact on the time required for divorce.
If spouses cannot work together to resolve key issues, the process is left in the hands of the judge. This not only makes the process more time-consuming but it also means that you have to pay extra money to your lawyers for document preparation and court appearances.
It is common to request that assets be appraised if they are in dispute, for example, a retirement benefit or real estate investment. This will allow the asset to be given a numerical value. It is expensive and time-consuming.
Juan Luciano Is A Top Rated Divorce Lawyer In NYC That Helps Clients Receive Fair Outcomes While Also Protecting Their Legal Rights.
Really important decisions are made during a divorce that can affect the well-being and financial future of both partners and their families. Working with an experienced attorney can help you make decisions that are less emotional, and more beneficial to you in the long run. Call Juan Luciano Divorce Lawyer today at (212) 537-5859 to discuss your case.
If you are considering a divorce and need the guidance of an experienced New York divorce attorney, contact the law office of Juan Luciano Divorce Lawyer for an initial consultation. Mr. Luciano has practiced family law in the State of New York since 2008.