Verified Complaint Form For Divorce In Suffolk
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FAQ
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.
A Complaint for Divorce may be filed at any time; but, until the parties are legally separated as required by law, a divorce may not be granted. The District Court Judge may issue a Decree of Divorce or Divorce Decree, under the NC Divorce Laws, only after the parties have been legally separated for at least one year.
New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint.
An uncontested divorce can be wrapped up as quickly as six weeks to three months.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.
If you have an uncontested divorce, the entire process may be finished within two to three months. However, it can take up to a year or even more, depending on your situation.
Once all of the documents have been signed by the parties, the case is submitted to the court for a judge to sign the “Judgment of Divorce.” This process of having the courts review the paperwork and awaiting a judge's signature can take about 6 months in Suffolk County or Nassau County.
The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have “grounds” in order to get divorced.
