Factors that Influence Timing in a New York Divorce

One common question that clients ask at the beginning of the divorce process is how long it will take for their divorce to become final. Like many legal questions, there’s rarely a precise answer.

The timing of your divorce will depend on the nature of the issues involved, the assets to be divided, and the level of contentiousness between you and your spouse. Your divorce could be finalized in as few as several months, or it could take years. It’s important for clients to understand the factors that could affect the timetable of a divorce case so that expectations are reasonably managed.

Uncontested Divorces

Divorces are generally resolved more quickly when there are fewer issues to address. An uncontested divorce may occur when the couple agrees on all major issues, such as child custody, asset division, alimony, and child support on their own, without the need for a trial. Of note, the more contested issues a case has, the longer it typically takes to resolve them, whether through the court or through a settlement.

It’s not always apparent at the outset that a divorce will be uncontested. Some cases start as contested cases and ultimately resolve through a negotiated settlement. A significant factor to be considered in assessing how long a case may take to complete is the level of cooperation offered by each party. If one party is unwilling to turn over necessary documents in discovery or chooses to argue about every issue, the matter will take longer to resolve. Once the parties do agree on the divorce terms, an attorney will need to draft the divorce agreement, and there may still be some back-and-forth. Then, the spouses would need to file additional paperwork with the court for a judge to review.

Contested Divorce Cases

Obviously, contested divorce cases take longer to complete. The litigation process, which will be necessary to go through when a divorce is contested, consists of many steps. Even when you are proceeding according to the court’s schedule, there could be delays that can prolong the case.

A contested divorce typically takes between one and two years from start to finish, not including any appeals. The bulk of the process is discovery, when the two parties have the right to request and review financial information that is in the other’s possession. During the discovery process, the parties may each need to sit for a deposition. After the process is over, the court would hold a trial.

If custody cannot be resolved by agreement, the court may appoint a forensic mental health professional to interview the parties and the children, as well as an attorney for the children, and ultimately hold a custody trial.

Contested divorce cases are often ultimately resolved by a global settlement which often occurs after discovery has been completed.

If your divorce is contested, you should be prepared for a longer process. You will find that you have little control over the timing given that you will not only have to work within the schedules of your spouse and the lawyers, but the court’s as well. However, the fact that a divorce action is pending should not affect each party’s ability to carry on with their daily routines and make decisions about their futures (such as, for example, whether to accept a job offer or a promotion). Although the proceedings may take a while before completion, the divorce process itself is still a temporary life situation.

Complex Divorce Cases

Even if you and your spouse are eventually able to agree to the terms of your divorce, complex cases will take longer. For example, it may be difficult to quickly resolve all issues in a high net worth divorce when many assets are illiquid or held in trusts or LLCs. You could be dealing with the following issues that can take time to sort out:

• Gathering information on all assets
• Obtaining and agreeing upon valuations for all assets
• Figuring out tax implications of the divorce
• Negotiating asset exchanges between the spouses, such as one spouse keeping the family home in exchange for a lesser share of other assets

Most complex cases require the retention of financial experts to assist the attorneys in digesting the financial records, valuing business assets, and/or preparing an analysis of the parties’ marital lifestyle. While it may seem as though a lot of fees are being spent in the discovery process, it is necessary for the parties and their attorneys to have a full understanding of the financial history of the marriage, as well as the probable future financial circumstances of the parties (and their children).

No matter how quickly you think your divorce could be resolved, you should consider retaining a qualified divorce lawyer to help you navigate what is a complex legal process. At Mosberg Sharma Stambleck Gross, we know how to leverage our experience to find creative solutions to our clients’ difficult divorce issues.

Call us today at 212-678-8500 to learn more about how we may be able to help you with your family or matrimonial law issues.