How Long Does a Divorce Take in New York?
It depends mostly on one thing: whether you and your spouse agree. An uncontested divorce, where you agree on everything, usually takes several months, much of it waiting for the court to process the paperwork. A contested divorce, where you disagree on even one issue, can take a year or more.
The short answer
Uncontested: usually several months from filing to a signed judgment.
Contested: often a year or more, depending on how many issues are in dispute and the court’s schedule.
New York has no mandatory waiting period after filing. The timeline is driven by agreement, paperwork and the court’s calendar.
The two paths, step by step
The deadlines shown come from the New York court rules for divorce cases. Judges can shorten or extend them, and real cases often run longer.
Uncontested divorce
Every issue agreed
- Reach a complete agreementYou and your spouse settle every issue: property, debts, support, custody and fees.
- File and serveThe divorce papers are filed with the County Clerk and served on your spouse.Serve within 120 days of filing
- Submit the final paperworkThe signed settlement agreement and the remaining divorce papers go to the court.
- Judge reviews and signsThe judge reviews the papers and signs the Judgment of Divorce.Usually the longest wait
Contested divorce
At least one issue in dispute
- File and serveThe divorce papers are filed and served on your spouse.
- Request a judgeA Request for Judicial Intervention asks the court to assign a judge.Within 45 days of service
- Exchange Statements of Net WorthEach spouse files a sworn statement of income, assets, debts and expenses.10 days before the conference
- Preliminary conferenceBoth spouses appear; agreed issues are put on the record and a discovery schedule is set.Within 45 days of the judge’s assignment
- DiscoveryFinancial records are exchanged, and experts such as appraisers may be involved.Generally within 6 months of the conference
- Settlement or trialAny issues still open are either settled or decided by the judge at trial.
- Judgment of DivorceThe judge signs the judgment, ending the marriage.
What makes a divorce take longer
How much you disagree about. A divorce where you and your spouse have agreed on everything moves relatively quickly. Real disputes over a business valuation, an asset one spouse believes is hidden, or where the children will live take considerably longer.
How quickly financial information is exchanged. Cases where both spouses produce financial documents promptly tend to resolve faster and cost less. When one side has to be compelled to disclose, the case generates motions and delays.
Custody disputes. Contested custody or parenting time can add months, especially if the court appoints an attorney for the children or a neutral expert.
Support disputes. Disagreements over spousal maintenance or child support add negotiation and, sometimes, hearings.
The court’s calendar. Even a finished agreement has to wait its turn for a judge’s review.
Residency. You can’t file until one spouse meets New York’s residency rules: generally two years of continuous residence, or one year if you married in New York or lived here as a married couple.
How to keep your divorce moving
- Gather your financial records early: tax returns, pay records, bank and brokerage statements, retirement account statements, mortgage documents and a list of debts.
- Narrow the disputes. Every issue you settle is one the court doesn’t have to decide.
- Consider mediation if you agree on most things but are stuck on one or two.
- If you agree on everything, see whether an uncontested divorce fits your situation.
Where Long Island divorces are heard
Divorces are handled by the New York State Supreme Court in the county where the case is filed. In Nassau County, matrimonial cases have been heard at the court complex at 101 County Seat Drive in Mineola since June 2025. Each county’s court has its own workload, which is one reason timelines vary.
How Simonetti & Associates can help
Simonetti & Associates has represented Long Island families in divorce and family law matters since 1990, from our office in Westbury. We aim to resolve cases as quickly and inexpensively as possible: we negotiate firmly for a fair agreement, offer mediation as an alternative to drawn-out litigation, and use cost-effective discovery to get the information your case needs.
Every case starts with a free consultation, where we listen to your situation, explain the divorce process and give you a realistic sense of what to expect. We keep flexible hours and return calls after hours.
Questions about divorce timelines
Is there a waiting period for divorce in New York?
No. New York has no mandatory waiting period after filing. For a no-fault divorce, the marriage must have been irretrievably broken for at least six months before you file, but that is a condition for filing, not a wait afterward.
Do we have to go to court for an uncontested divorce?
Often not. In many uncontested cases the judge reviews the paperwork and signs the judgment without the spouses appearing. In a contested case, both spouses must attend the preliminary conference.
When is my divorce final?
Your divorce is final when the judge signs the Judgment of Divorce and it is entered with the County Clerk.
Can a contested divorce become uncontested?
Yes. Many contested cases settle along the way. Once you reach a full agreement, it can be submitted to the court, which often shortens the remaining process.
Can I speed up my divorce?
You can’t control the court’s calendar, but you can control your side: provide financial documents promptly, respond to deadlines and narrow the issues in dispute.
Find out what to expect in your divorce
Talk with a Long Island divorce attorney at a free consultation. Call 877-385-2560 or request a consultation online.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article provides general information, not legal advice, and does not create an attorney-client relationship. Court deadlines are from 22 NYCRR 202.16 and can be changed by the court.