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Robert
Robert, Attorney
Category: Family Law
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How long does it take for uncontested divorce in NYC? We

Resolved Question:

How long does it take for uncontested divorce in NYC?

We submitted the file on March 6th, I checked the case status online, and the NOI date is 3/12/2012. There is also an appearance date 4/18/2012, the justice/part is IAS UMAT 86. Seems I cannot find such part / judge at the court assignment page. And I don't know how long I still need to wait. It has been already three months. I check some other cases online, seems cases submitted before March were disposed within two months. Is there any way we can do to get it disposed a little bit quicker?
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.
Hello and thank you for choosing JustAnswer!

Did both parties appear on the 4/18/2012?

Do both parties have Attorneys or did you file it together?

Did both parties agree on everything?

Once I have more information I will be glad to help.

Thank you,



Robert
Customer: replied 2 years ago.
Did both parties appear on the 4/18/2012?

No, nobody got any notice about this. The attorney said we don't need to go to court at all as it is uncontested divorce and we agreed on everything.

Do both parties have Attorneys or did you file it together?

No, just one party have attorney.

Did both parties agree on everything?

Yes, we agreed on everything and we signed the paper together.

Once I have more information I will be glad to help.
Expert:  Robert replied 2 years ago.
Thank you for your follow-up.

It takes a minimum of 6 months from the day the divorce petition was filed.

In some California counties, once the judge receives your completed divorce judgment and the required judgment documents, it usually takes approximately 6-8 weeks for him/her to review and sign it - simply because of their case load (fewer judges available and more people getting divorced). This is assuming your filing does not get rejected. It can be rejected for a number of reasons (proper documents not filed, financial disclosures not completed, etc). The court does have a self-help office, but their services are limited to assisting you with the financial disclosures only. However, since an Attorney assisted in filing the documents it's highly unlikely that they will be rejected.

I would also like to share with you that if the only Attorney involved represents your spouse then that Attorney has no obligations to you and you may be under-appreciating your marital property rights. It's highly recommended that you retain your own Attorney or at least speak with one about your situation (even if you do not end up retaining the Attorney). If you choose to speak with an Attorney then the following link will allow you to view Divorce Attorney contact information for Attorneys near you:

http://lawyers.findlaw.com/lawyer/practicestate/Divorce/California

I hope this has helped. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I am asking about the situation about NY, not California. And there is no answer about what I can do to get the uncontested case disposed quicker.
Expert:  Robert replied 2 years ago.
I apologize for the confusion.

The minimum required waiting period for an uncontested divorce in New York is 12 months (you have to be separated for one year) and then it generally takes 2-5 months before it is complete. If you have already been separated for the 1 year minimum requirement then it could only take about 2 months but that's with everything going smoothly. Keep in mind that this is the minimum waiting period and, because of crowded divorce courts, it can often take longer.

Again, it's important that both parties have their own Attorney review the documents. The following link is a similar link provided above, except it is relevant to you since it is pertaining to New York:

http://lawyers.findlaw.com/lawyer/practicestate/Divorce/New-York

I apologize for the initial confusion but I hope THIS answer has helped. Please let me know if you need further clarification or if you have a follow-up question and I will do my best to further assist you.

Thank you,




Robert
Expert:  Robert replied 2 years ago.
I noticed that you wanted me to address whether or not you can move the case along faster. I'm sorry but the answer to this inquiry is there is probably not anything you can do. Courts generally move as quickly as they are able to and any additional delay (other than the 1 year statutory requisite separation period) is due to a lot of other people are trying to get a divorce through the same Court.

If there is some kind of special local rule trick then only a local Family Law Attorney would know about it; however, it is unlikely that such a local trick exists otherwise all the local Attorneys would be using it and it would defeat the purpose.

I hope this has helped.

Thank you,




Robert
Customer: replied 2 years ago.
Relist: Inaccurate answer.
There is no separation requirement for uncontested divorce in NYC at all. And here is some information I found online: In New York City, the average time for your divorce judgment to be finalized is about 60 to 90 days from the time when you filed it.
Expert:  Robert replied 2 years ago.
Actually, this depends on the grounds for your divorce Pursuant to Domestic Relations Law §170. For example, if the grounds for the divorce is an irretrievable breakdown in the relationship for a period of at least 6 months (no fault divorce) then you will need to wait for that 6 months unless it has already passed before that 2-5 month period kicks in.

If the grounds for the divorce is something like cruel and inhuman treatment, abandonment (for a certain period of time), imprisonment (for a certain period of time), or adultery then the waiting time could be different but there would be no waiting time for the adultery or inhuman treatment.

Up until 2010 New York did not offer the 6 months no fault divorce and the most common grounds for divorce was living separate and apart for one year and, if that was your grounds for divorce (even uncontested) then you would still need to wait that period.

So, if your grounds was based upon the living separate and apart then you would still have had to live separate and apart for one year. If you had already lived apart for that time then you could simply stipulate to such a fact. That is based upon New York State law Domestic Relations Law Section 170.

Thank you,




Robert
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
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