Getting a divorce in New York can be a long and complicated process, but it doesn't have to be. With the right preparation and guidance, you can get a quick divorce in New York. In an uncontested divorce, the easiest way to expedite your divorce through court is for the defendant to waive notice by signing a defendant's affidavit. If your spouse refuses to sign the affidavit, you will need to hire a notifier to serve a copy of the summons and complaint.
The next step is to file documents with the County Clerk's Office. This is where court fees are paid and where case files are kept in the county for the Supreme Court. You may be able to file documents online using NYSCEF, the electronic filing system of New York State courts. This is the quickest way to get a divorce and it's also the least painful for most people and the cheapest, because lawyers don't need to spend a lot of time on it.
To receive an expedited divorce, your lawyer must file a motion with the court and request that your case become a priority. As with any divorce or family law matter, expedited divorces are extremely fact-specific. This means that small details matter and you need to be thorough in your motion. The simplest procedure is an uncontested divorce, in which you and your spouse come to an agreement.
Start by preparing a Demand for Divorce, along with several supporting documents, one of which will be a marital settlement agreement that outlines the division of assets and your agreement with respect to children. These documents are filed with the court and copies of them are provided to your spouse. You will attend a court hearing, at which point the judge will make sure all your documents are in order, maybe ask you some questions, and issue your Divorce Judgment. On average in New York, if both parties agree to divorce, an uncontested divorce usually takes about 3 months. Getting divorced on the web can be more complicated in some places than others, but for those interested in an online divorce in New York, the law doesn't require a single court appearance.
To receive an expedited divorce, your lawyer must file a motion with the court and request that your case become a priority. If you want some type of professional to guide you through the negotiation process, seek divorce mediation or collaborative divorce. You can usually file divorce papers in New York County, where you or your spouse live, or where a substantial part of the events that led to your divorce occurred. If you feel confident in your ability to resolve your disputes one-on-one with your spouse, skip the divorce mediator and opt for DIY divorce. By filing a no-fault, undisputed divorce with an agreement that an attorney has reviewed, you can get a quick divorce. Divorce platforms generally charge a low flat fee to fill out each and every divorce document on your behalf.
However, even though the defendant's affidavit consents to the case being placed on the court's uncontested divorce calendar right away, that doesn't mean you'll get your final divorce right away. To simplify the process of tracking and preparing your divorce papers, you can file for divorce online using a service that will provide you with the appropriate and uncontested divorce forms completed based on your answers to a questionnaire. When I meet with a client for the first time, I usually determine all the issues of the divorce and if desired I will try to reach a divorce agreement prior to filing. Unfortunately, you can't go to another country or state that has a faster divorce system and get a divorce there.
