How long does a divorce take?

In New York, the legal process for obtaining a divorce can be a lengthy one. Generally, the divorce process will take several months, although this will depend on the individual circumstances of the case. To begin, the petitioner (i.e., the person filing for the divorce) must determine which type of divorce they are eligible for: a contested or uncontested divorce. With an uncontested divorce, both parties have already agreed to the terms of the divorce, including division of marital assets and child custody. With a contested divorce, however, there are disagreements between the parties regarding the terms and conditions of the divorce. This requires additional time to resolve. Regardless of the type of divorce, the petitioner must first file a Petition for Divorce with the New York Supreme Court. This petition will include details about the marriage, marriage assets, and desired outcome. The petitioner’s spouse is then served a summons to answer this petition. This summons must be responded to within 20 days. Once the summons is responded to, a mandatory settlement conference takes place, during which the parties must try to settle the matter outside of court. Depending on the facts of the case, the parties may need to attend additional settlement conferences or mediation. If the parties are not able to come to an agreement, then the case will go to trial and will take longer. Ultimately, the length of the divorce process in New York depends on the individual circumstances of the case. Generally, it takes several months to obtain a divorce.

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