How long does a divorce take in New York

Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

An uncontested divorce, where both spouses agree on all terms, may be completed in approximately three to six months from the filing of the summons and complaint to the entry of judgment. A contested divorce—involving disputes over property, support, or custody—often extends beyond twelve months and can take two years or longer. These timelines depend on New York Supreme Court calendars, the complexity of the financial and custodial issues, and the degree of cooperation between the parties. Mr. Sris and his Of Counsel represent clients in divorce proceedings across New York State. To discuss how the timeline may apply to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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Understanding the Timeline of a New York Divorce

Several factors influence the duration of a New York divorce. The most significant is whether the matter is uncontested or contested. In an uncontested case, the parties sign a settlement agreement or stipulation resolving all issues, and the court can grant judgment on the papers without a trial. This streamlines the process considerably. A contested case, by contrast, moves through multiple phases: preliminary conferences, discovery demands for financial records and other evidence, potential experienced attorney involvement such as business appraisals or forensic accounting, motion practice for temporary relief, and ultimately a trial if settlement is not reached. Each phase adds time.

The court’s calendar and the volume of cases filed also affect timing. In certain judicial districts, particularly within New York City, the volume of matrimonial filings can extend the schedule. Good-faith negotiations and early resolution of temporary issues, such as pendente lite support and automatic orders under New York Domestic Relations Law § 236, can help keep the matter on a more efficient track.

Frequently Asked Questions

How long does an uncontested divorce take in New York?

An uncontested divorce generally takes three to six months from filing to entry of judgment. The timeline assumes that both parties sign a comprehensive settlement agreement resolving property division, spousal support, child custody, and other material issues, and that all court documents are properly prepared and submitted. Delays can occur if the court’s calendar is congested or if the paperwork requires correction. Prompt attention to compliance with local court rules helps maintain the most efficient schedule.

How long does a contested divorce take in New York?

A contested divorce can take twelve to twenty-four months or longer. The exact duration depends on the scope of discovery, the complexity of the disputed issues, the number of motions filed, and the trial calendar. Cases involving substantial assets, business valuations, or custody evaluations typically require more time. The court encourages settlement through mandatory conferences, but when parties cannot agree, the matter proceeds through trial and possible post-trial motions, extending the timeline further.

What factors influence the length of a divorce in New York?

The length of a divorce depends on whether it is uncontested or contested, the volume of financial discovery, the involvement of attorneys, the court’s docket, and the parties’ willingness to settle. Additional elements include the need for pendente lite motions, the complexity of equitable distribution under Domestic Relations Law § 236, and any disputes over child custody or support. Each of these factors can add months to the process.

Can I speed up my New York divorce?

The fastest path is an uncontested divorce where both parties have reached a full agreement on all terms. Filing a complete judgment package with the court and ensuring that all required documents are accurate helps avoid administrative delays. While the parties can work cooperatively to expedite the process, there is no mechanism to bypass the court’s procedural calendar or statutory requirements.

What is the divorce process in New York?

The divorce process begins with the filing of a summons and complaint or a summons with notice in the Supreme Court of the county where either spouse resides. After service of process and the defendant’s response, the court may issue automatic orders freezing assets and insurance. In an uncontested case, the parties submit a settlement agreement and proposed judgment. In a contested case, the court schedules a preliminary conference to set a discovery schedule, and the matter may proceed through motion practice and trial.

Do I need a lawyer for a divorce in New York?

You are not legally required to have an attorney, but divorce involves substantial rights concerning property distribution, support, and parental responsibilities. An experienced family law attorney can help you understand the applicable statutes, evaluate settlement proposals, and ensure your interests are protected in negotiations or at trial. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What are the residency requirements for divorce in New York?

To file for divorce in New York, one of the parties must meet the state’s durational residency requirements. The specific requirement depends on the circumstances—for example, whether the marriage occurred in New York and where the parties currently reside. Because the analysis is fact-specific, it is important to confirm eligibility with an attorney before commencing the action.

How much does a divorce cost in New York?

The cost varies significantly depending on whether the divorce is uncontested or contested and the complexity of the financial and custody issues. Fees for an uncontested divorce may be lower because less attorney time is required, while a contested case with substantial discovery and trial work will involve higher costs. At Law Offices Of SRIS, P.C., fees vary by case. Contact us to request a consultation and discuss your particular situation.

What is the difference between a contested and an uncontested divorce?

In an uncontested divorce, both spouses agree on all material terms—property division, support, and custody—and submit a signed settlement agreement for court approval. In a contested divorce, the parties cannot agree on at least one issue, and the court must resolve the dispute after discovery, motion practice, and potentially a trial. Most contested cases eventually settle, but the timeline is considerably longer.

What are the grounds for divorce in New York?

New York recognizes both no-fault and fault-based grounds. The most commonly used ground is the irretrievable breakdown of the marriage for a period of at least six months under New York Domestic Relations Law § 170. Fault-based grounds—including cruel and inhuman treatment, abandonment, adultery, and imprisonment—may also be pleaded and can influence strategy as well as the timeline of the proceeding.

What is equitable distribution in New York?

New York is an equitable distribution state, meaning that marital property is divided fairly, though not necessarily equally. The court considers statutory factors set out in Domestic Relations Law § 236, including the duration of the marriage, the income and property of each spouse, contributions as a homemaker, and any wasteful dissipation of assets. Separate property—assets owned before the marriage or acquired by gift or inheritance—generally remains with that spouse.

Can I get spousal support during the divorce?

Yes, a spouse may apply for pendente lite maintenance—temporary support—while the divorce is pending. The court can award support to cover living expenses, health insurance, and legal fees based on statutory guidelines. Temporary support orders help stabilize the parties’ finances during the litigation and can influence the course of settlement negotiations.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents clients in family law matters across New York and four other jurisdictions. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. Through our New York location, the firm handles divorce, custody, support, and related modification proceedings in the Supreme Court and Family Court. For a consultation to discuss how the process may affect your timeline, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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