By the time you hire an attorney to represent you in an upcoming New York divorce, you are probably committed to putting your unhappy marriage behind you. It is common for people finally deciding to file for divorce to want to push through the process as quickly as possible.
Once you have an attorney to represent you, then the process of dissolving your marriage can begin in earnest. How long will it be before you will have a hearing in front of a judge?
You have to serve your spouse with paperwork first
You can’t go to court for a divorce hearing until you have provided your spouse with adequate notification. Formal legal service is necessary and can occur within two weeks of your first meeting with your attorney.
The lawyer representing you will need to draft specialized paperwork that explains your suggested solutions for property division and custody matters. Your spouse will then have several options, and how they respond will determine how long you have to wait to see a judge.
If they default, which is the failure to respond at all, you will have to wait 40 days to move to the next step. However, if they agree to terms in the paperwork or respond and contest your suggestions, you can then start preparing for your first hearing. It could easily be within a month of serving your spouse.
Uncontested divorces will usually be much faster than contested ones
If ending your marriage quickly is top priority, preparing to settle with your spouse can be a good strategy. If you and your attorneys can negotiate a reasonable settlement, you can potentially finish your divorce in under two months.
Many people waiting for their first hearing in front of a judge in New York will have to wait a month or more. You can potentially capitalize on that time to try to turn a contested filing into an uncontested one. After that first hearing, any unresolved issues will require future court hearings. The more you resolve before you go to court, the faster the entire process will be.
Learning about the basic steps involved in the early divorce process can set you up for a faster, successful divorce.