Divorce laws vary by state, and New York has specific rules regarding the waiting periods for different types of divorces. While New York does not impose a mandatory waiting period before filing for divorce, the timeline can be influenced by whether the divorce is fault-based or no-fault. Below, we explore the differences in waiting times and legal requirements for both types.
No-Fault Divorce: A Faster Process
New York introduced no-fault divorce in 2010, allowing couples to dissolve their marriage without proving wrongdoing. In a no-fault divorce, one spouse simply states that the marriage has been “irretrievably broken” for at least six months. There is no formal waiting period to file, but the process may take several months to finalize depending on factors like asset division, child custody, and court backlogs. If both parties agree on major issues, an uncontested no-fault divorce can be New York Divorce Waiting Period completed relatively quickly.
Fault-Based Divorce: Potentially Longer Timelines
A fault-based divorce requires one spouse to prove misconduct by the other, such as adultery, abandonment, cruel treatment, or imprisonment. While New York does not impose a separate waiting period before filing, gathering evidence and presenting the case in court can significantly delay the process. Unlike a no-fault divorce, where spouses can proceed immediately after declaring the marriage irretrievably broken, fault-based divorces may take longer due to hearings and legal disputes.
The Role of Separation Agreements
Another factor affecting divorce timelines in New York is legal separation. If spouses have lived separately under a valid separation agreement for at least one year, they can file for divorce on that basis. This can function as an alternative to either fault-based or no-fault divorce, potentially impacting the overall waiting time.
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Court Processing and Settlement Agreements
Regardless of the type of divorce, court processing times and disputes over finances or custody can extend the finalization period. Even in a no-fault divorce, if spouses cannot reach an agreement, litigation may delay the process for months or even years. Conversely, a fault-based divorce may conclude faster if the accused spouse does not contest the allegations.
Which is Faster?
In general, no-fault divorce is quicker and less complex than fault-based divorce in New York. While no waiting period is required to file, legal and procedural factors influence how long the divorce takes. Spouses seeking a faster resolution often opt for no-fault divorce, especially if they can agree on key issues.
