What Is an Uncontested Divorce in NY, and How Long Does It Take?

Divorce Settlement Agreement What Is an Uncontested Divorce in NY, and How Long Does It Take?

How To Get an Uncontested Divorce in NY, and How Long Does It Take?

Aside from being distressing and demanding, a divorce can be time-consuming. This affects your finances directly—the more the process gets prolonged, the more it’s going to cost.

It sometimes takes more than a year to end a marriage in the Empire State, but what about the friendly divorces? If you get an uncontested divorce in NY, how long does it take? DoNotPay will help you find out!

Factors That Determine How Long a Divorce Takes in NY

Every divorce is a case for itself, and its duration depends on many factors. Even the amount of paperwork and the court’s schedule can have an impact on the length of the process.

The following table contains the factors that influence divorce duration the most:

FactorDescription
State lawsCertain state-specific rules can slow down the process, such as:

  • Mandatory cooling-off periods
  • Residency requirements
  • The required period of separation

In the State of New York, a marriage must have been over for at least six months before you file a petition. You also have to meet the residency requirements of having lived in NY for at least one or two years before petitioning

CooperationThis refers mostly to serving the defendant. In New York State, you (the petitioner or plaintiff) have 120 days to serve divorce papers, and your spouse has 40 days to return them. The process can get prolonged if the other party cannot be located or if they don’t cooperate and file a Notice of Appearance
Ongoing disputesThe more issues you have to negotiate, the more the divorce is going to take. Matters that take the most time during the divorce are related to parenting and marital property. Being unable to agree on custody and make a parenting plan can prolong the process immensely
Level of conflictNo divorce is simple, but the severity of disputes is what determines how long it’ll take to finalize it. If you can resolve issues with your spouse during negotiation or with the help of mediators, the divorce will take much less time

Does the Type of Divorce Affect Its Duration?

It does! What matters the most when it comes to the duration of your divorce is its type. If your spouse doesn’t cooperate and you cannot negotiate or agree on important issues, you’re having a contested divorce, which lasts nine months on average. There are some cases that have lasted for decades.

In case you can make a settlement agreement, you’re eligible for an uncontested divorce, which takes much less time and comes at a significantly lower cost.

Uncontested Divorce in NY—All You Need To Know

An uncontested or quickie divorce is a fast termination of a marriage when there’s no need for third-party involvement. This means that you can get divorced without a lawyer and without going to court.

To qualify for an uncontested divorce in New York, you have to meet one of the following residency requirements:

  • You or your spouse have been living in NY for at least two consecutive years before petitioning for divorce
  • You or your spouse have been living in NY for at least one year before petitioning for divorce and:
    • Got married there
    • Lived there as a married couple
    • The legal grounds for the divorce happened there

You can file for this low-cost divorce option only after you and your spouse agree on important matters, such as:

  • The grounds for your divorce
  • Division of marital property and joint debt
  • Custody of children and parenting time
  • Alimony and child support

The most important part of an uncontested divorce is making a divorce settlement agreement and submitting it to court. Don’t waste time on drafting it yourself—subscribe to DoNotPay, and we’ll provide it for you in a flash!

Uncontested Divorce in NY Time Frame

How long will your uncontested divorce take depends on how:

  1. Busy the court is
  2. Fast your spouse returns uncontested divorce papers

New York State doesn’t have a waiting period. If everything goes without a hitch, your uncontested divorce can be finalized in approximately three months!

Let DoNotPay Expedite Your Uncontested Divorce!

Some things can’t be rushed—divorces should! We found a way to speed up your quickie divorce even further! DoNotPay has a comprehensive database containing every state’s laws, rules, and requirements, and we use it to prepare personalized settlement agreements.

The process is fast and straightforward—all you need to do is access DoNotPay and follow these steps:

  1. Choose the Divorce Settlement Agreement tool
  2. Provide some information about your spouse and children (if you have any)
  3. Tell us about your financial assets and inform us how you’d like to allocate them
  4. Specify if you’d like us to connect you with an online notary

We will draw up a customized settlement agreement based on the information you provide and send it to you promptly!

That is not all—we can answer your other divorce-related questions as well. Visit our learning center to find out:

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