In this article, you will discover:
- The estimated time for an uncontested divorce to become final.
- How to avoid delays in filing for divorce.
- The most efficient and streamlined way to serve divorce papers.
How Long Does A Typical Uncontested Divorce Take In New York?
A typical uncontested divorce in Westchester takes about three to six months (divorces in many NYC counties take 6-12 months). Negotiating an uncontested divorce settlement usually takes two to three months. The rest of the process generally involves waiting for the court to sign off on the divorce judgment, which typically takes an average of three months (or at least double that on NYC).
When negotiating, the recommended approach is to exchange net worth statements. If the parties take two or three months to complete them, that’s going to extend the time for completion of your divorce case. If they take two or three weeks, that will expedite everything.
What Can I Do Upfront To Avoid Delays In The Filing Process?
Hire an attorney right away, and come to your first meeting prepared with the information the attorney will need to complete the divorce complaint. It’s easy to learn what information your attorney will need by going to the New York State Unified Court System website and downloading the divorce complaint. You can also call or email your divorce attorney in advance of that initial appointment to ask them what information they’ll need.
Why Is Preparing A Complete And Accurate Divorce Packet Important?
If you provide incomplete and inaccurate answers or information to your attorney, they will only have to correct those mistakes later on. When you or your spouse’s attorney catches errors after you’ve signed off on paperwork, you’ll probably have to submit extra documentation or file a formal motion with the court to correct them. That can delay the process by many months. It’s better to ensure everything is accurate right from the beginning.
Attorney David Bliven is a skilled lawyer based in Westchester & Bronx, NY, who has helped countless clients like you navigate the intricacies of divorce law. With decades of experience, he is prepared to assist you in doing what it takes to expedite the judgment in your divorce case, giving you the freedom to focus on moving forward.
Still have questions? Ready to get started? Contact the Law Offices of David Bliven today to schedule an initial consultation.
Does Electronic Filing Or Filing Forms In Person Make A Difference?
Paper filings take much longer, both in getting the paperwork to court and within the court system itself. With paper filing, a clerk has to walk the file to the judge as opposed to the clerks being able to queue filings up on their computers.
Suppose a case is not e-filed and has not been converted over yet. If the court rejects a filing, they will have to mail you the rejection notice. It can take one to two weeks to receive the notice in the mail. If you respond by paper filing, you will have to send your court runner or process server back to court. This process can potentially delay a divorce by many months. For this reason, e-filing is the preferred method.
What Should I Know About Serving Papers Efficiently In New York?
The most efficient way to serve papers is to specify a good day, time, and location when the process server can find your spouse at home. If you don’t want your spouse served at home, plan a day and time when you’re certain they will be at work.
If you know your spouse takes their lunch hour between 12:00 and 1:00, inform the process server accordingly. If you don’t provide that level of detail, the process service will go whenever they’re available. If your spouse isn’t there when the process server arrives, you will still be charged for that unsuccessful attempt at service.
Also, give the process server or your attorney a picture of your spouse anticipating an event where your spouse denies their identity when asked. If the process server has a picture of your spouse, they can still serve them. They can say in their affirmation of service that they correctly identified the spouse with a picture.
How Does Court Backlog In New York Affect Divorce Timing?
Currently, Judges typically finalize uncontested divorces within an average of three months in Westchester (again, typically at least double that in the Bronx & other NYC counties). Contested divorces may take a little longer than that simply because those cases can only go to a Judge for signing off on the judgment of divorce.
An uncontested divorce opens the possibility that more people can handle your case. Those usually are rerouted to a Referee (at least in Westchester and NYC counties). A Referee is usually more available than a Judge to sign off on those judgments of divorce.
If you hit the court at an especially busy time, it may take a Judge or Referee four to six months (or longer) to sign off on your judgment. Movement is especially slow during the holidays in November and December, and that slower pace continues into January.
What Are Common Paperwork Mistakes That Slow Down Court Approval?
Common mistakes would include misspelling names, misremembering dates of birth, or misremembering the date of marriage. In each case, you want to double-check your marriage certificate. Misremembering whether your spouse took your last name or not will also be revealed in the marriage certificate. In short, you want to double-check the marriage certificate before having your attorney draft the divorce complaint.
You also want to make sure that settlements are done correctly and that all the information from the settlement is put into your judgment of divorce and findings of fact. If children are involved, you want to obtain accurate medical insurance information, such as who is covering them and their ID numbers.
What Are The Final Steps To Ensure The Divorce Is Finalized Quickly?
The final step of a divorce, after you’ve signed a settlement agreement, is assembling the judgment package. That’s a collection of documents, including your judgment of divorce and findings that affect conclusions of law, such as the plaintiff’s and defendant’s affirmations.
Your attorney will prepare all that documentation and give it to you to review. Download it, read it carefully, and ensure all spellings and dates are correct.
You should also schedule a meeting with your attorney to review the package and ensure everything is accurate on the forms. If it’s not, you’re risking the court taking months to review your judgment of divorce only to find an error you’ll need to repair, which will delay your case further.
Still Have Questions? Ready To Get Started?
For more information on speeding up uncontested divorce in NY, an initial consultation is your next best step.
Get the information and legal answers you are seeking by calling (347) 797-1188 | (914) 362-3080 today.