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Rosenthal & Markowitz

Westchester County Divorce & Probate

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Divorce

Divorce Questions: How Long Does It Take to Get a Divorce in New York?

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One question almost all divorce clients ask is, “How long will this take?” In New York, there are procedural legal requirements that must be followed that cannot be changed.  In addition, how fast the couple themselves come to a settlement agreement influences the length of time it takes to obtain a final divorce order.

Generally, if all goes well, it takes a minimum of one year to a year-and-a-half from the filing of the summons to the date the court signs the final order for divorce.

New York Legal Requirements:

  • There is a residency requirement.  In most cases, one of the parties must have resided in New York for at least one year prior to the commencement of the divorce proceedings.  There may be an applicable exception.
  • Time for response.  If the defendant was served with the summons for divorce within New York state, he or she has 20 days to file a response after receiving the summons.  If served outside the state of New York, the party has 30 days to file a response to the summons for divorce.
  • A settlement agreement must be filed with the court.  All issues must be settled between the spouses and a settlement agreement filed with the court.
  • The court has 60 days to sign the final judgement of divorce.  The clock starts running with the court on the day the settlement agreement is filed, and the court has 60 days from that date to sign the final order of divorce.

Time for Preparing a Settlement Agreement

Often times a couple will say they have resolved all issues in their case and are ready to present their settlement agreement to the court.  However, when the attorneys review the case with the couple, they often find there are loose ends and more issues to be settled.

Divorce in New York

Generally, Mediation and Collaborative Divorce can move the case along faster since a team encourages and assists the couple with coming to settlement terms.  A divorce case moves along as fast as the slowest person’s desires.

A Litigated Divorce Will Take Longer

When the couple needs court intervention to resolve their issues, and the case goes to trial, it takes longer.  The attorneys can file a Request for Judicial Intervention (RJI) when the process is not moving along as it should.  They are bound to comply with the court schedule and obtain court hearing dates.

Contact Rosenthal & Markowitz, LLP

For assistance in moving your case along, and for finalizing your divorce as expeditiously as possible, contact our family law attorneys at Rosenthal & Markowitz, LLP.  You can reach us online or by calling 914.347.1292.

The Importance of Good Communication with Your Divorce Attorney

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When you are going through a divorce, there is a lot of information you need to share with your divorce attorney. You also need to strike a balance between sharing all relevant information and not communicating unnecessarily, since every email, phone call, and text message can increase the cost of the divorce.

Communicating with Your Divorce Lawyer

It is important for you to understand from your very first visit that anything they tell your attorney is confidential. The information will not and cannot be divulged to anyone else.

communication with attorney

This is an important concept since the attorney needs to know everything so there are no surprises from the opposition. Almost every divorce has some difficult issue, something that the client may not realize is important or is simply reluctant to share the information.

For example, maybe you have had trouble with your income tax return or haven’t filed for a few years. You need to share that information with your attorney so your attorney can deal with it. The issue will come up and it will reflect poorly on you if your attorney is blind-sided with the information during, or shortly before, a court hearing.

How Often and How Should I Contact My Attorney?

How often you contact your attorney depends on where you are in the case. At the beginning of the process, when you are focusing on things like a statement of net worth, you will communicate more often. As the case is winding down and near the final order of dissolution, there will be fewer things to discuss.

The most efficient way to communicate is by email, text, or phone. If you receive a communication from your attorney, respond quickly. Do not go “missing in action.” Your attorney needs to hear from you to move the case along.

Learning to Communicate with Your Soon-to-Be Ex-Spouse

At the beginning of the process, in some cases, your attorney acts as a go-between between you and your spouse. As the case nears the finish line, your attorney will encourage you to learn how to talk to your soon-to-be ex-spouse. That way, you do not run up future legal bills. Besides, your attorney will not be in your life forever and you need to learn how to speak with your ex without the conversation taking a negative turn.  

For answers about communicating with soon to be ex and with your divorce attorney, or other questions you may have about the divorce process, contact us at Rosenthal & Markowitz, LLP. You may also call us at 914.347.1292.