While the divorce process in New York can be lengthy and complex, there are certain circumstances in which couples may be able to obtain an expedited or “fast” divorce. However, it’s essential to understand that even in these cases, certain legal requirements must be met.
Uncontested Divorce The fastest way to obtain a divorce in New York is through an uncontested divorce, where both parties agree on all aspects of the divorce, including child custody, child support, spousal maintenance, and the division of assets and debts.
To file New York Residency Requirements for Divorce, at least one spouse must have been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the divorce action.
Grounds for Divorce New York is a no-fault divorce state, which means that couples do not need to prove fault or assign blame to obtain a divorce. The sole ground for a no-fault divorce is the irretrievable breakdown of the marriage for a period of at least six months.
Sworn Statement To initiate the no-fault divorce process, one spouse must file a sworn statement stating that the marriage has been irretrievably broken down for at least six months.
Separation Agreement If the couple has already reached a comprehensive separation agreement that addresses all aspects of the divorce, such as child custody, child support, spousal maintenance, and asset division, the process can be expedited.
Uncontested Divorce Proceedings Once the necessary paperwork has been filed, and the residency and other legal requirements have been met, the court will review the case. If everything is in order and the divorce is truly uncontested, the court may grant the divorce without requiring a hearing or trial.
Summary Divorce In some cases, couples may be eligible for a “summary divorce” process, which can be even faster than a regular uncontested divorce. This option is available for couples who meet the following criteria:
- No Children: The couple does not have any children under the age of 21, and the wife is not pregnant.
- Short Marriage: The couple has been married for less than eight years.
- Limited Assets: The couple has limited assets and debts, and neither party is seeking spousal maintenance.
If these conditions are met, the couple can file for a summary divorce and potentially have their divorce finalized within a matter of weeks or months, rather than the typical timeframe of several months to a year for a regular uncontested divorce.
Mediation and Alternative Dispute Resolution If the couple has minor disagreements or disputes, they may consider mediation or other alternative dispute resolution methods to resolve their issues and expedite the divorce process.
It’s important to note that even in an expedited or How to Get A Fast Divorce in New York, the legal requirements and procedures must be followed carefully. Consulting with an experienced divorce attorney can help ensure that the process is handled correctly and efficiently.
