How Long Does Divorce Take in New York?

How Long Does Divorce Take in New York?

symbol of conflict between husband and wife during divorce

Divorce is painful and it can be costly. If your marriage is at an end, divorce is the only way for you and your spouse to move forward. It is best to get through the process as quickly and painlessly as possible, and there are options for doing so.

Mediation is a speedy and less expensive way to come to a divorce settlement. This is a good option for two individuals who are amicable in their general relations and have both decided that divorce is the best path forward. You will avoid litigation and months of haggling over money and property.  Mediation may seem attractive to a spouse looking for a less costly alternative to litigation, but it will not be effective if one or both spouses are unable to remain civil during the sessions.  There are some lay people, i.e., social worker, psychologists, and or paralegals who conduct mediations, but it is preferable to hire a divorce lawyer Garden City. This is the only way to ensure that divorce law Garden City NY is followed.

The presence of children will usually influence the duration of the divorce process. The courts lean toward shared joint custody regarding decision-making.  Only in the most extraordinary circumstances will judges grant one parent single custody. Unless your spouse is a danger to your children, the courts will usually grant physical residence to one parent, with extremely liberal access to the other.  Going against the court’s recommendations will lengthen the time it takes to finalize the divorce.  The two of you should put great effort into  working out a parenting schedule. Otherwise, it will be put into the hands of a judge.

Having substantial assets can also lengthen a divorce proceeding. If you are going through a high net worth divorce, you will need to account for all the money, property, and investments in the marital estate. It may take a while to track all these down, especially if your spouse is trying to hide them.   Once you are able to identify all of the marital assets, some may need to be valued.  Choosing the right accounting firm to value a business, or real estate appraiser to value property is critical, expensive, and time consuming.

On average, an uncontested divorce usually takes 3 months. A contested divorce can last any time from 9 months to several years.   If your divorce is complicated by child custody issues or substantial assets, things can drag on even longer. To get the best outcome in the most efficient and cost effective manner, you should contact the Garden City divorce attorneys at Fass & Greenberg.

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