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 dependents 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 schedule, 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 takes. An average length can be around three months or more. An uncontested divorce lawyer can work with you and your former spouse’s attorney to try and achieve a pre-filing divorce settlement which will result in a quicker divorce.
Can An Uncontested Divorce Become Contested?
It unlikely that both parties are going to agree 100% on the terms of their divorce. Especially when it comes to 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 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.
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 are 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.
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.