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Frequently Asked Questions About Divorce on Long Island and New York City

 

 

How long does an uncontested divorce take on Long Island or in New York City?

 

 An uncontested divorce in Long Island or New York City generally takes between two (2) months and one (1) year from the date the divorce documents are filed with the court. The timeframe depends on the county or borough of filing (Nassau County, Suffolk County, or one of the five New York City boroughs), the accuracy and completeness of the paperwork, and the court’s administrative backlog. Processing times vary by court.

 

 What is an uncontested divorce in New York?

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An uncontested divorce in New York is a divorce in which both spouses have reached a complete agreement on all issues arising from the marriage, including:

• Equitable distribution of marital assets and liabilities

• Child custody and parenting time

• Child support pursuant to the New York Child Support Standards Act

• Spousal maintenance (alimony), if applicable

Uncontested divorces filed on Long Island and in New York City typically proceed without litigation and, in most cases, without court appearances.

 

What is a contested divorce in New York?

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A contested divorce occurs when spouses are unable to agree on one or more material issues. These cases require court involvement and may include discovery, motion practice, court conferences, and possibly a trial. Contested divorces in Nassau County, Suffolk County, and New York City Supreme Courts are generally more time-consuming and costly than uncontested matters.

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 How long does a contested divorce take on Long Island or in New York City?

 

A contested divorce in Long Island or New York City may take one (1) year or longer, and in some cases several years, depending on the complexity of the issues, level of conflict, and court scheduling. While many contested divorces ultimately resolve through settlement, significant court involvement is often required.

 

Are there additional fees beyond the flat fee for an uncontested divorce?

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A flat fee uncontested divorce covers the preparation and filing of standard uncontested divorce documents based on the parties’ agreed-upon terms. Additional fees may apply only if significant changes are requested, such as material revisions to finalized agreements, renegotiation of settlement terms, or if the matter becomes contested after filing.

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Is a court appearance required for an uncontested divorce on Long Island or in New York City?

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In most uncontested divorce cases filed in Nassau County, Suffolk County, or New York City, no court appearance is required. The divorce is finalized through submission of properly executed documents for judicial review and signature.

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Do both spouses need to agree before filing an uncontested divorce in New York?

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Yes. To proceed with an uncontested divorce in New York, both parties must be in full agreement on all issues prior to filing. If agreement has not yet been reached, divorce mediation may assist the parties in resolving outstanding issues.

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Can divorce mediation help avoid a contested divorce on Long Island or in New York City?

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Yes. Divorce mediation on Long Island and in New York City can be an effective alternative to litigation. Mediation allows parties to work with a neutral professional to facilitate settlement discussions. Any agreement reached through mediation must be properly documented and incorporated into divorce papers to become legally binding.

 

Can parents with children have an uncontested divorce in New York?

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Yes. Parents may proceed with an uncontested divorce provided they agree on all child-related issues, including legal custody, physical custody, parenting time schedules, and child support in compliance with New York law.

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Disclaimer

This information is provided for general informational purposes only and does not constitute legal advice. Viewing this website or contacting the office does not create an attorney-client relationship. Divorce laws and procedures vary based on individual circumstances and court jurisdiction. Mediation services do not include legal representation, and any mediated agreement should be reviewed by independent legal counsel before submission to the court.