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.