Does NY Have a Waiting Period for Divorce?
Does NY Have a Waiting Period for Divorce?
If you’re thinking about filing for divorce in New York, you may be wondering:
👉 “Is there a mandatory waiting period before my divorce can be finalized?”
The short answer is no—New York does not have a required waiting period for divorce once all paperwork is properly filed and processed. However, this doesn’t mean every divorce is finalized immediately. The actual timeline for finalizing your divorce depends on several factors, including court processing times, whether your spouse cooperates, and whether the case is contested.
In this blog post, we’ll break down the timeline for getting divorced in New York and what you can do to speed up the process.
How Long Does It Take to Get Divorced in NY?
Even though there’s no mandatory waiting period, the total time it takes to finalize a divorce varies based on several factors:
1. Type of Divorce
🔹 Uncontested Divorce (Fastest Option)
- If both spouses agree on all terms (property division, child custody, etc.), an uncontested divorce can be finalized in as little as 6-8 weeks in some counties.
- However, court backlogs may extend this timeline to a few months.
🔹 Contested Divorce (Takes Longer)
- If one spouse disputes the terms or refuses to cooperate, a contested divorce can take months or even years to resolve.
- The process involves negotiations, court hearings, and potentially a trial.
2. Residency Requirements
Before you can file for divorce in New York, you must meet at least one of the following residency requirements:
✅ You have lived in NY for at least one year and got married in the state.
✅ You have lived in NY for at least one year and both spouses resided in the state during the marriage.
✅ You have lived in NY for at least two years before filing.
If you recently moved to New York, you may need to wait until you meet residency requirements before filing.
3. Court Processing Times
Even in an uncontested divorce, the biggest delay is often court processing time. The speed at which your divorce is finalized depends on:
- How backed up your local court system is.
- How quickly the judge reviews and signs off on your case.
- Whether your paperwork is properly prepared (errors can cause delays).
In some busy counties, even an uncontested divorce can take three to six months or longer due to court congestion.
What Can Delay a Divorce in NY?
Even though there’s no official waiting period, some issues can slow down the process:
❌ Errors in paperwork – Any mistakes can cause delays and require resubmission.
❌ Spouse refusing to sign – If they ignore the papers, you may need to request a default divorce, which can add time.
❌ Court backlog – Some NY counties process cases slower than others.
❌ Disputes over assets or custody – Contested issues can extend the process significantly.
The best way to avoid unnecessary delays is to file correctly the first time and work with an experienced divorce attorney.
How to Get Divorced as Quickly as Possible in NY
If you want a fast divorce in New York, follow these steps:
✅ Choose an uncontested divorce – If you and your spouse can agree on terms, this is the fastest option.
✅ File the paperwork correctly – Mistakes can cause delays, so make sure everything is done right the first time.
✅ Use an experienced attorney – A lawyer can help you navigate the process and avoid common pitfalls.
At David Centeno Law, we specialize in fast, affordable uncontested divorces in New York—helping you move forward quickly and stress-free.
Need a Fast Divorce? We Can Help!
At David Centeno Law, we’ve helped thousands of clients successfully get divorced in New York. Our process is:
✅ Flat-fee pricing—no hidden costs
✅ Fast processing—get your divorce started immediately
✅ No court appearances required in most cases
💬 Want to get divorced quickly? Contact us today for a free consultation!
📞 Call: (866) 830-2064
🌐 Visit: www.nyuncontesteddivorceattorney.com
