If you’re interested in getting a New York no fault divorce, you’re probably wondering how long is this process going to take. It’s a common question. The short answer is anywhere between two and six months.
How long a no fault divorce takes in New York depends on a few factors:
- Whether you and your spouse are in agreement about getting divorced
- Whether your spouse cooperates and signs the divorce papers
- How backlogged the court is with divorces at the moment we file the final papers
- Whether you choose our Expedited No Fault Divorce Service
If you and your spouse agree to get a no fault divorce then that takes care of any procrastinating that can lead to wasted time.
If your spouse signs the documents and gets them back to us quickly, then you will not have to have him or her served and then wait to see if he or she responds. If we serve your spouse and he or she does nothing we will have to wait the statutory 40 days before going to the court and asking that they grant you your divorce on a default basis.
The court has been receiving more divorce case submissions since the new no fault divorce law became effective in October of 2010. They are taking longer to review divorce papers and render judgments. We can not control the court’s time table, so once we submit the papers we simply have to wait.
Lastly, because of the backlog we have been seeing with the courts, we decided to offer our client’s an Expedited Service which speeds things along on our end. We use tricks that we’ve learned over the years doing divorces to speed things up significantly.
For a free consultation please call (866) 830-2064 today.
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{ 6 comments… read them below or add one }
I am curious to know if I have no idea were my soon to be ex wife is will a court grant me a no-fault divorce. We have not been leaving together since 01′ and I have not hear or spoken to her in that same amount of time. We have no children, no assests.
If you don’t know where your spouse is you have three options:
(1) You can attempt to locate her on your own
(2) You can have us try to locate her for you
(3) You can do what’s called a publication divorce, which is quite expensive and time consuming. This is when you publish a notice in the newspaper for a certain period of time to put your spouse on notice of the divorce proceedings against her.
If you want to discuss any of this, please feel free to give us a call at (866) 830-2064. Thanks.
What if you have no way in getting in touch with her? Is this a mandatory requirement by law to get in tuoch with your soon ex-wife/ husband before a no fault divorce praceedings can be initiated? Please clarify. Thanks. Juanito
If you don’t know where your spouse is you have three options:
(1) You can attempt to locate her on your own
(2) You can have us try to locate her for you
(3) You can do what’s called a publication divorce, which is quite expensive and time consuming. This is when you publish a notice in the newspaper for a certain period of time to put your spouse on notice of the divorce proceedings against her.
If you want to discuss any of this, please feel free to give us a call at (866) 830-2064. Thanks.
Is it true that one has to wait one full year in NYS to file for a divorce? If this isn’t so, and there are no assets, children … etc …. only married four years … how long before one may file?
Thank You,
Kathleen Castellano
Kathleen, that is a good question as there is a lot of misinformation out there about filing for a New York divorce. The short answer is no, you do not need to wait a year in order to file for divorce in New York. There is a new no-fault law which permits you to file right away. If you’re interested in filing for a divorce we can certainly help you do it quickly, conveniently and affordably. Please give is a call to discuss the process in detail (866) 830-2064.