However, if things align well, New York can be one of the quickest states for a divorce, sometimes taking as little as two or three months to finish. New York is one of the faster states in which a divorce can be finalized because there is no waiting time to file or for the divorce to be finalized.
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
Any Request to expedite the signing of an uncontested Judgment of Divorce must be done by Notice of Motion filed and made returnable in ance with matrimonial motion rules. Motions must be filed with the matrimonial office at least 5 working days before the return date.
New York has started a pilot project in a few counties that allows couples to file for an uncontested divorce jointly. ing to the courts, this is a more streamlined and quicker option than a traditional uncontested divorce. You can find detailed information and forms on the New York Courts site.
Luckily for New York couples, state law does not dictate any waiting period before a divorce can be finalized. With that being said several factors impact the length of time it will take for a divorce to be finalized.
As long as you have a complete separation agreement (more on that below), the quickest way to get an uncontested divorce in New York is to state on your paperwork (under oath) that your marriage has been broken "irretrievably" for six months.
Is New York a Community Property State? New York is not community property or a “50/50” state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the state's equitable distribution laws.
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.
Arbitration occurs in private, and it's usually a simpler process, with each party waiving their right to a trial by jury. Then, working with their respective divorce lawyer to present their evidence and arguments to the arbitrator. The arbitrator makes a decision regarding the matter at hand.