How Long Will My Divorce Take?

How Long Does It Take to Get Divorced in New York?

The answer is: it depends.

Hi, I’m Katherine Miller, and I’ve been a divorce attorney in New York City and New York State for over 30 years. Let me explain what I mean by that.

From the moment you decide to get divorced to the day you’re officially divorced, the process typically takes about a year. However, this is not a guarantee, as the timeline can vary depending on several factors. Here’s how it generally breaks down:

1️⃣ Deciding How You’ll Get Divorced
You need to choose the method that works best for you—mediation, collaborative law, handling it yourselves at the kitchen table, or litigation.

  • If you choose to litigate, be aware that it could take two to three years or even longer because you’re at the mercy of the court’s schedule, which prioritizes their timeline, not yours.
  • If you opt for mediation, collaboration, or working it out yourselves, the process usually takes less time. Making this decision may take a month or two.

2️⃣ Negotiating and Drafting the Agreement
Once you’ve chosen your approach, you’ll need to share information, negotiate terms, and put everything in writing. This phase typically takes six to nine months to complete.

3️⃣ Filing Uncontested Divorce Papers
Even after signing the agreement and living separately according to its terms, you’re not officially divorced. To finalize the process, one of you must file uncontested divorce papers. These papers don’t require you to say anything negative about your spouse, but you do need to ask the court to issue a judgment of divorce.

4️⃣ Waiting for the Court to Process the Papers
After filing, it takes about two to four months in Westchester County for the papers to reach the judge’s desk and be signed.

  • In New York County or Kings County, the waiting period can be up to a year due to court backlogs.
  • In upstate counties, the process is often much faster.

One important note: under a new law, you must file your divorce papers in the county where you reside.

If you have any questions about how to speed up the divorce process or ways to prepare and make the experience smoother and more efficient, click the link below to download our free PDF guide.

📥 Download Your Guide: 📥9 Tips for Hiring The Right Divorce Lawyer

https://miller-law.com/9-tips-for-hiring-the-right-divorce-lawyer/

 

Don’t hesitate to reach out via email at info@miller-law.com or call us at (914) 685-9805. Thanks for listening!