New York Long Divorces
But until recently, long divorces were almost always the norm. Thats because New York was the very last state by 25 years to adopt no-fault divorce, only joining the rest of the country in 2010. Prior to the reform, one partner needed to be held responsible for the divorce on grounds such as adultery, abandonment or cruelty.
If fact, one explanation for the current backlog in New York courts is the 2010 reform that makes it much easier for people to divorce now.
It might be easier, but its not necessarily much faster. Before a no-fault divorce can go through, both spouses first need to reach an agreement on everything from property division to child custody.
No-fault divorce is based on a breakdown of a marriage over a period at least six months long. In a few cases, divorcing couples have still had to undergo trials to determine whether their marriage was indeed irrevocably broken down, the Wall Street Journal reported in 2012.
Though the rate New Yorks court system processes your divorce may be out of your control, a skilled attorney can make sure your no-fault divorce goes as smoothly as possible once it hits the courts.
How Long Does It Take To Get A Ny Divorce
No one wants a long, drawn-out divorce that leaves everybody bitter and hurt, not to mention the expenses. However, many factors are involved in getting divorced, including the parties involved, the nature of the divorce, what county you are filing in, and the judge that can contribute to the time it takes to get divorced in New York.
Misunderstanding New York Divorce Law
Even if youre able to get past filing the initial documents, you must be knowledgeable about state divorce law in order to protect your interests. There are three primary areas that couples typically need to handle in a divorce case:
- Minor Children: You must address the needs of minor children, including custody, visitation, and child support. If you dont know the law, you may miss out on the opportunity to maintain a relationship with your child or may not get enough to support them financially.
- Property Division: Through the divorce process, you and your spouse will split the property you acquired during marriage. However, the distribution of assets must be fair and equitable an exact 50-50 split isnt necessary. Its critical to know the statutory factors that make the property division fair between divorcing spouses.
- Spousal Support: You or your spouse may be required to pay alimony to the other person. The recipient spouse must first establish that spousal support is necessary then, there are complicated formulas to calculate the amount of alimony.
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How Long After A Divorce Can You Remarry In New York
While it is not common to get married immediately after finalizing a divorce, it is possible that you could find yourself in this situation. What is interesting to note is that in the 1960s and 1970s people in certain states, such as Arizona, California, Delaware, and Iowa required you to wait one year before remarrying. Fortunately, the waiting period in New York is not that long. Today, we review when you can get remarried after your divorce finalizes in New York.
How Long Does A Divorce Take In New York State
The timeline of the divorce process is often misunderstood. Many people feel that they can enter the process and be divorced in a month. Realistically speaking that is very uncommon.
As a divorce attorney in New York State with offices in White Plains, Westchester County, I always feel that it is important to accurately explain the divorce process to every client and make sure every client knows what to expect including a timeframe for certain milestones in the divorce process. In this blog I wanted to explain the process from a time perspective with significant milestones.
Our divorce attorneys are highly recognized in Westchester County and fight to get results. Importantly, we want our clients to know each and every step of the process as we feel communication with our clients is key to effective representation.
Pre-Filing a Divorce Action
Before a divorce action is filed with the New York State Supreme Court a client can work with an attorney for days or months attempting to negotiate a settlement. How quickly a pre-filing settlement can be reached depends on the complexity of the issues involved between the parties and how willing the parties are to reach an out of court settlement.
When I meet with a client for the first time I unusually identify all the issues for the divorce and, if the client wants to, I will try to reach a pre-filing divorce settlement. This includes letters and settlement proposals to the other spouse or the other attorney.
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Tips For Individuals Deciding To Get Remarried Right After A Divorce
Around 70% of people who get divorced end up getting married once again at some point in their lives. If you are certain that you want to get married right after going through a divorce, here are some tips to help you with this transition:
Talk to your attorney before remarrying
Since this is your second time getting married, you have most likely learned from some mistakes you made in your first marriage. Maybe you would like to establish a prenuptial agreement this round or you need help figuring out how alimony and child support work now that you are entering into a new family. Your attorney will be able to provide you with the knowledge and advice you need.
Speak to a therapist to avoid a second divorce
It is a good idea to talk to a therapist about what when wrong in your first marriage to avoid making the same mistakes in your second one. As you are moving from a divorce directly into another marriage, therapy can provide you with additional support and a safe space to talk about your feelings.
Take it slow with the kids
If you have kids from your previous marriage, they are most likely still processing the divorce. You may want to wait to introduce your children to your new spouse or find a way to do this that is as amicable as possible. Making a plan that best suits you and your new spouses needs and keeps the childrens best interests in mind is a great idea.
Contact our firm online or call us at 406-8381 to learn more about our comprehensive divorce services.
Common Myths About Divorce In Albany
Divorce is a painful and emotional experience. Even under the most amicable of circumstances, ending a marriage is a confusing time for most people. This confusion is often compounded by a misunderstanding of how New York divorce laws actually work. Here are some of the more common myths we hear about in our office from people asking themselves, what do I need to know about getting divorced in Albany?:
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How Long Will My Divorce Take In New York
As mentioned, the average divorce process in New York state typically lasts 3 months if uncontested, and 9 months if it is contested. With so many specific factors, it is difficult to predict just how long your divorce might take to be finalized, even if it is completely uncontested.
Lets break down the steps of the New York divorce process and see if we can get a better understanding of why it can take so long and how you can help speed up your proceedings.
How Long Does A Contested Divorce Take In New York
Getting divorced is a perplexing and often convoluted process. Ultimately, no one wants to have a painful and drawn-out divorce. You want to cause as little tension for yourself, your children, and your spouse as possible. But thats not always the case. There are many factors involved with getting divorced, and the outcome of your case may depend on the parties involved or even the county you file in. Given the complexity of divorce cases, seeking the legal counsel of a New York contested divorce lawyer is important. At the Law Offices of Juan Luciano, our experienced divorce attorneys are here to help you. We will guide you through your troubling times and help you move forward.
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A Judge Can Refuse A Divorce Unless One Spouse Did Something Wrong
Historically, divorce was difficult to obtain. One spouse had to prove wrongdoing by the other, such as adultery, abuse, or abandonment. Those are all still grounds for obtaining a divorce in New York, but today most couples opt for a no-fault divorce. This means there has been an irretrievable breakdown in the marriage that has lasted for at least 6 months. Once the parties resolve outstanding issues like property distribution and child custody, the judge will grant you a divorce.
How Long Does An Uncontested Divorce Take To Process In New York City
How long does an uncontested divorce take to process and become official?
Chaim Steinberger is a family law attorney with Chaim Steinberger, P.C, based in New York. In this Quick Question, he explains that it partially depends upon the county, the backlog of cases, and the amount of time it takes for the attorney to prepare the paperwork. Other hiccups could delay the process further, but in general it takes at least three to six months to fully process.
To learn more, contact Chaim Steinberger directly by calling 888-981-0039.
Visit his AskTheLawyers profile here: http://bit.ly/36cxXVk
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It Does Not Matter What State I File For Divorce In
In the United States, divorce laws are state-specific. Each state has its own rules regarding residency, calculation of child support and alimony, and distribution of property. This means your choice of state can have a significant impact on the final terms of your divorce. For example, some states like California require a 50-50 split of marital property, not an equitable distribution like New York.
New York Contested Divorce Frequently Asked Questions
What Is a Contested Divorce?
A divorce will be contested if the parties are unable to negotiate settlement terms on their own or with the help of a mediator, and as a result must have a judge resolve the issues through divorce litigation. The issues that are commonly at the heart of the disagreements include child custody, division of property, debt allocation, and alimony.
What Is the Process of a Contested Divorce?
A contested divorce is basically one party suing the other, and like any litigation, that can involve discovery, calling witnesses, making motions, introducing documents into evidence and testifying before the court. But when it comes to divorce, people usually settle before they get to trial.
The process of a New York contested divorce typically follows these steps:
Will a Prenuptial or Postnuptial Agreement Reduce the Likelihood of a Contested Divorce?
If you work out an agreement on issues that are central to divorce in a prenuptial or postnuptial agreement, the judge will normally follow the terms of that agreement unless one of the parties challenges it. Of course, prenuptial and postnuptial agreements do not necessarily cover all issues, but having an agreement ahead of time on at least some issues can go a long way toward avoiding a contested divorce.
How Long Does It Take to Get a Contested Divorce in New York?
How Expensive is a New York Contested Divorce?
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How Much Can You Compromise In Your Divorce Negotiation
How long it takes to get a divorce in New York will vary. But one of the most important elements of how quickly a divorce will take is completely dependent on the couple. The ability to compromise with your spouse is one of the primary indicators on how quickly and amicably you will be able to get through your divorce and go on to live the rest of your life.
Discuss The Benefits Of Transparency With An Experienced Divorce Lawyer
If you would like to learn more about the advantages of full disclosure in a divorce case, please call the Colwell Law Group, LLC today. Our legal team can explain more about how the divorce process in NY works and how transparency offers benefits throughout the process. If you suspect that your spouse is concealing assets, we are prepared to seek relevant information and fight for your rights in court.
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Dealing With The Emotional Fallout Of Adultery
In most cases, the real impact of adultery on divorce is emotional. The cheating spouse may feel guilty. The other spouse will definitely feel angry. While this may not affect how a judge rules, it may play into settlement talks between the parties. In many cases, it is in everyones best interest to reach a fair and equitable agreement without making the cheating spouses affair public knowledge.
If you have discovered that your spouse has been unfaithful, it is important not to react out of anger. Instead, you should speak with an experienced Albany divorce lawyer who can help you calmly and rationally consider the best options for you and your family if you are thinking about divorce for adultery in Albany, NY. Call The Colwell Law Group, LLC if you would like to schedule a consultation today.
Serve The Forms To Your Spouse
You must ensure that your spouse knows of the divorce case. Thus, you need to make sure they get all the divorce papers in person. This process is known as service. Service must be done within 120 days of the filing date.
Note that you, personally, can’t serve your spouse. Rather, you must assign another person who is a resident of New York and who is at least 18 years old to serve your spouse.
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When Can I File For Divorce In New York
This depends on the ground upon which you are basing your divorce action upon. For example, if you are basing your divorce action on abandonment, you must show that your spouse has abandoned you for one or more years. If you rely upon the imprisonment ground, you must show that your spouse has been imprisoned for the last 3 years or more.
With respect to the grounds of living separate and apart pursuant to a decree or judgment of separation, or pursuant to a written separation agreement of the parties, you must wait at least one year from the date of the decree or judgment, or the date the written separation agreement was signed by the husband and wife before filing a divorce action.
Finally, with respect to the No-Fault law in New York, one party needs to swear under oath that the marriage has been irretrievably broken for at last six months.
Other than this, you can file a divorce action at any time, subject to some time limitations that apply to certain grounds for divorce.
Response By Your Spouse
If your spouse agrees to the divorce, they must return a completed form to you within 40 days of receiving your papers. If your spouse fails to respond, then it means your spouse has defaulted.
But if your spouse files an answer disagreeing with anything in your divorce papers, then the divorce is no longer uncontested.
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Do I Have To Go To Court For A Ny Divorce
It depends. Because divorce is case specific, it is possible that the parties could reach a global resolution of all matters in the divorce, sign all of the necessary paperwork and get a signed Judgment of divorce without either party ever stepping into the courthouse. Whether this can happen in your case depends on how amicably you and your spouse can work with each other and whether you both have similar thoughts on how things are going to be resolved.
I Do Not Need An Attorney To Get A Divorce
Strictly speaking, you can represent yourself in any court case, including a divorce. But it is never a good idea. Even an amicable divorce involves creating a binding legal contract that affects your property rights and family obligations. An experienced Albany divorce lawyer can make sure you are treated fairly and equitably during the divorce process in NY. Call The Colwell Law Group, LLC, today if you would like to schedule a consultation with one of our qualified attorneys.
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Speeding Up The Divorce Process In Ny
When New York residents start considering the idea of divorce, a lot of questions will cross their minds. How long will the divorce process in NY take? How much will it cost? Will I stay friends with my soon-to-be ex or will we become lifelong enemies? And these are just a few. In many cases, the biggest concern is this: how soon can I get this over with?
Q: What Is An Annulment Does My Marriage Qualify For An Annulment
Annulment is a legal means of ending a marriage that was never truly legal. In order to qualify for an annulment, your marriage must meet certain criteria. You and/or your spouse must:
- Have been under the age of 18 at the time of the marriage
- Have been mentally incapable of giving consent to the marriage
- Be physically incapable of having sexual intercourse
- Have been incurably mentally ill for at least five years or
- Have been forced to consent to the marriage via duress, coercion, or fraud.
If you believe that your marriage fits one or more of these categories, then annulment may be an option, especially as an alternative to divorce. While a divorce ends a marriage, an annulment makes it as though it never happenedbecause it was never legally valid to begin with.
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