What is the Waiting Period for Divorce in New York State?When considering a divorce, many factors arise, such as custody rights, alimony, and equitable distribution of assets. But what about the waiting period for a divorce? The divorce process can seem long and gruesome, but with Simonetti & Associates, we are here for you when your spouse is not. If you are in need of a divorce lawyer in Massapequa, set up a FREE consultation with our team today. With an experienced lawyer, we reduce any stress you may have. We simplify the process as much as possible for you!
Waiting Period in NYS:In New York State, the average duration for divorce is 9.5 months. The national average is 11 months. There is no official waiting period for New York State, but there are specific reasons why a court will not immediately hear your case.
Types of Divorce:A ground or reason, for divorce, is either considered fault or no-fault when it comes to filing paperwork. Your divorce lawyer in Massapequa can break these down further.
- Fault Divorce – In a fault divorce, you prove your spouse caused your marriage for one of the following reasons:
- Physical/mental abuse
- Abandonment for at least one year
- Imprisonment for at least three consecutive years
- No-fault Divorce – This divorce is just as it sounds. One spouse is not to blame. Rather, the marriage has been broken and there is no use in attempting to mend it any longer. However, the marriage must be broken for at least six months.
Residency Requirements for Divorce in NY:For the courts to finalize your divorce, you and your spouse must meet a residency requirement. If you have any questions, your divorce lawyer in Massapequa can help.
- You were married within New York AND one spouse has lived in New York for at least a year
- You were married out of state but lived in New York as a married couple AND one spouse has lived in New York for at least a year
- You/your spouse has lived in New York for at least two years
- You/your spouse has lived in New York for at least a year AND the cause of divorce came up in New York
- Both spouses live in New York AND the cause of divorce came up in New York