Divorce takes some time, but the exact amount of time it takes to get divorced varies. A simple, uncontested divorce can take as little as 60 days, but that is a rarity. If a couple has any issues to resolve — such as division of assets or child support — the divorce takes longer.
Here are some things that can slow down your divorce proceedings:
The state of New York requires that at least one partner has resided in the state for a period of one year before a couple can divorce. If you have not lived in New York for a continuous period prior to filing for divorce, you can file and continue to reside in the state for a year, after which time the divorce can be finalized.
Enforcing a prenuptial agreement
At the time of divorce, any pre- or postnuptial agreement you have signed must be examined. Some prenuptial agreements are well intentioned but turn out to be unenforceable. This process can take some time. To avoid wasted time and extraneous legal fees, prenuptial agreements should always be drafted by an attorney.
Division of assets
For assets to be divided, they first must be disclosed and identified as either separate or marital. If the division of marital assets involves selling the family home, that could add time to the process. In addition, if one of your shared assets is a business, it can take time to value the business before determining who is entitled to what share.
Time-sharing and parenting plan
There are potentially many details involved in dividing up the amount of time the children spend with each parent. You may also need to work out the specifics of travel between parents, holiday and vacation schedules and all financial matters. If either of you is unwilling to compromise with regard to these matters, the divorce could drag on.
Schedule of courts and attorneys
Finally, there are some things that are simply out of your control. Courts are busy and you might not get a date right away. If you have chosen your attorney well and have come to your meetings prepared and with documentation in tow, that is still only half the battle.
If you want your divorce to go as smoothly and quickly as possible, hire a Buffalo area divorce attorney who is highly organized, professional and efficient.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…