When going through a divorce, most people are anxious to officially end their marriage as quickly as possible. Some divorces can be quick and painless and others can get complicated, messy, and may take years to finalize. How quickly a divorce can happen largely depends on the couple’s willingness to work together and to come to an agreement about the assets and liabilities from their shared lives.
Other variables that affect a divorce timeline lie within the court’s and the judge’s schedules, both of which can vary from county to county. With so many variables involved, there is no guaranteed length of time that an uncontested divorce will take. The average length can be around three months or more. An experienced NYC uncontested divorce lawyer can work with you and your former spouse’s attorney to try to achieve a pre-filing divorce settlement, which will result in a quicker divorce.
Contact Juan Luciano Divorce Lawyer at (212) 537-5859 to schedule a consultation and discuss your case in detail.
Can An Uncontested Divorce Become Contested?
It is unlikely that both parties are going to agree 100% on the terms of their divorce. Especially when it comes to a long marriage, there are inherently more decisions to make during the process. Additionally, getting divorced is a very emotional process even when both parties agree that a separation is for the best.
When high emotions are mixed, making decisions such as separating a shared estate, assets, and guardianship of pets and children, new complications can easily arise. Depending on the situation and the dynamic between both parties, the negotiation of an agreed settlement can end up turning an uncontested divorce into a contested divorce.
NYC Uncontested Divorce Lawyer Juan Luciano
Juan Luciano
Juan Luciano is a seasoned NYC uncontested divorce lawyer with over two decades of experience guiding clients through the divorce process with clarity and confidence. Known for his compassionate approach and practical solutions, Mr. Luciano works closely with individuals to resolve matters efficiently, minimizing stress while safeguarding their rights and future stability.
Fluent in Spanish and maintaining offices in Midtown and the Bronx, Mr. Luciano is dedicated to making legal support accessible and respectful. His goal is always to foster cooperation, avoid unnecessary conflict, and guide clients toward a smooth legal separation that protects both their interests and their families.
What Are Some Of The Biggest Hurdles When It Comes To Getting An Uncontested Divorce In New York?
Cooperation between both parties is going to be one of the biggest reasons for a delay. Being able to work with one another to come to an agreement that both parties feel is fair can help shorten the divorce process. Other hurdles that could delay a divorce include the logistics of any shared property and whether or not the custody of children is involved. The paperwork required to file for the resolution of these issues, and any additional issues there may be, can take up a substantial amount of time.
Aside from the amount of time that it takes to produce the required paperwork, the documentation must also be reviewed and agreed upon by the spouse and then put in front of a judge to review, ensuring that the final agreement is in compliance with divorce laws. If it comes to a point in the divorce process where neither party is able to find common ground, then the case would be taken to court, where a judge would then make any final decisions for the separation.
The Stipulation of Settlement
A Stipulation of Settlement is a legally binding contract that finalizes and resolves all issues between divorcing or separating spouses. Once agreed upon and signed by both parties, this document is typically incorporated into the final judgment of divorce or custody and becomes enforceable as a court order. It governs the division of property, financial support, child custody, and any other pertinent matters, providing clarity, structure, and legal closure for both parties.
To be valid, effective, and enforceable, a Stipulation of Settlement should contain these essential components:
- Equitable Distribution of Assets and Debts: A comprehensive breakdown of how marital property and liabilities will be divided. This includes real estate, bank accounts, vehicles, retirement assets, credit card debt, loans, and any jointly owned business interests.
- Spousal Maintenance (Alimony): Terms regarding whether one spouse will receive financial support from the other, how much, and for how long. The agreement should address the type of maintenance (temporary, rehabilitative, or permanent) and any conditions that may trigger modification or termination.
- Parenting Plan: A detailed framework for custody and visitation, including legal and physical custody designations, parenting time schedules (weekdays, weekends, holidays, vacations), decision-making protocols, and dispute resolution methods.
Child Support Provisions Referencing the CSSA: New York’s Child Support Standards Act (CSSA) requires that all child support agreements explicitly state:
- The calculated amount of child support under CSSA guidelines.
- Whether the parties are adhering to or deviating from the formula, and if so, a detailed explanation of why.
- Acknowledgement that the basic support obligation is fair and appropriate under the circumstances.
Including this language is not optional. Omitting CSSA references can result in the agreement being rejected by the court or modified after entry.
| Provided Component | Description / Legal Context | Additional Notes or Requirements |
|---|---|---|
| Equitable Distribution of Assets and Debts | Specifies how marital property and liabilities are divided—real estate, bank accounts, vehicles, retirement assets, credit card debt, loans, business interests. Follows equitable (not necessarily equal) distribution under New York law. | Both parties must disclose all assets and debts. A detailed inventory supports fairness and enforceability. |
| Spousal Maintenance (Alimony) | Outlines whether one spouse will pay support to the other, the amount, duration, and conditions for modification or termination. | Often based on financial disclosure. Post-judgment changes usually require proof of a significant change in circumstances. |
| Parenting Plan | Defines legal and physical custody, parenting schedules, decision-making responsibilities, and conflict resolution approaches. | Must prioritize the child’s best interests. A written parenting plan is usually required by the court. |
How Long Can a Divorce Be Put on Hold?
In New York, there is no set timeframe for divorce proceedings once they have begun. If the parties involved have not yet finalized their settlement, they can request the court to temporarily pause the proceedings. Pausing the divorce can involve refraining from taking any action during negotiations or discontinuing the case at various stages, depending on the progress of the divorce process.
The process begins with the filing of a Summons with Notice or Complaint, which must be served to the defendant within 120 days. During this period, couples may consider the possibility of divorce. To pause the process at this stage, the simplest approach is to discontinue it. If the Notice has been filed with the court but not yet served, it can be withdrawn by submitting a Notice of Discontinuance. If it has been served and a response has been received, withdrawal requires agreement from both parties.
During divorce negotiations, couples can pause the process for as long as they agree upon, as long as it is not considered a misuse of the court’s time. However, it’s important to note that halting the divorce does not halt the accumulation of legal fees. If the proceedings are paused for an extended period, additional costs may arise due to the need to redo paperwork or renegotiate certain aspects.
If both parties are in agreement, they can request to put the proceedings on hold. In the event of reconciliation, the divorce proceedings can be terminated by filing for a voluntary dismissal. If the divorce process resumes, it starts again from the beginning.
Once a divorce settlement has been negotiated, it becomes more challenging to pause the proceedings. If the agreement has not been finalized, a motion can be filed to request that the court refrain from making a ruling. Once a judge has signed the divorce decree, the only option to reverse it is through remarriage. Effective communication is crucial for a smooth divorce process, ensuring clarity and understanding, and potentially saving time and money if the ultimate goal is not to proceed with the divorce.
How Long Does It Take to Finalize a Divorce in NY?
Finalizing a divorce in New York varies significantly based on the complexity of the case and the level of agreement between the parties involved. If you and your spouse agree on all aspects of the separation, such as property division, finances, and child custody, you can expect to complete an uncontested divorce relatively quickly. Typically, this type of divorce can be finalized within three to six months.
However, if there are disagreements on various issues, the process can extend considerably. Contested divorces, where spouses cannot reach an agreement on one or more aspects and require intervention from the courts to settle disputes, typically take much longer. In these cases, it is not uncommon for a contested divorce to take more than a year to resolve.
The duration also depends on the court’s schedule and caseload, which can vary. Delays in court dates or in the processing of documents can extend the time needed to finalize the divorce. Therefore, it is recommended for individuals undergoing a divorce in New York to prepare for a potentially extended process if there are initial unresolved conflicts.
Engaging with a knowledgeable divorce lawyer can help deal with the difficulties of divorce proceedings and provide guidance on what to expect based on your specific circumstances. Remember, each divorce is unique, and the time frame to finalize the divorce will reflect the particular details of your case.
Agreeing To Mediation Can Help Move Along The Divorce Process
Mediation has proven to be a helpful resource to the divorce process. The mediation process involves discussing the issues of a divorce with a neutral third party that can help both parties agree on fair resolutions. Each party’s respective lawyers are welcome to attend the mediation sessions, which helps in keeping all lines of communication clear. If mediation can be used to help achieve an uncontested divorce agreement, this can help save time and money.
Seeking the Legal Help of a Skilled New York Divorce Lawyer
The process of an uncontested divorce in New York can be complex, time-consuming, and emotionally charged. It often requires a high level of cooperation and agreement between the parties involved, as well as careful navigation of legal protocols and court schedules. The transition from an uncontested divorce to a contested one can present additional challenges, particularly when emotions run high and agreements on critical issues such as asset distribution and child custody become difficult to reach.
Engaging a New York divorce lawyer can greatly facilitate this process, making it less daunting and more efficient. New York divorce attorney Juan Luciano may be able to guide you in negotiating pre-filing divorce settlements and managing the shift from uncontested to contested divorces. Our team may be able to arrange mediation to maintain open lines of communication and foster fair resolutions. Contact us today at (212) 537-5859 to schedule a consultation.
