If you have been legally separated with a separation agreement for at least 6 months, and you have no children under the age of 21, you can use the online DIY Uncontested Divorce Program to make your papers. If you have children under 21, you can use the paper Uncontested Divorce Packet.
The length of time it takes to finalize an uncontested divorce is based primarily on two factors: how busy the court is and how fast your spouse can return the necessary documents to you. Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more.
In New York State, the average duration for divorce is 9.5 months. The national average is 11 months. There is no official waiting period for New York State, but there are specific reasons why a court will not immediately hear your case.
If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly. The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.
New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. You should go to the Supreme Court in the county where you or your spouse now live. You cannot get a divorce in Family Court.
If you have no children under 21 and your marriage has been over for 6 months or more, you can use the DIY Uncontested Divorce Program to make your papers. If you have children under 21, use the paper Uncontested Divorce Packet.
STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office.