For most people the decision to end a marriage by pursuing a divorce is not an easy decision to make. Once the decision has been made, however, many people want the legal process to be over as quickly as possible, leading to the question " How long does a divorce take in Queens? " Although this is one of the most frequently asked questions we hear at SIMON & GILMAN, LLP, there is no simple answer that applies to all divorces. There are, however, some common factors that determine how long a divorce is likely to take to complete. Keep in mind, that New York law requires a six month waiting period between the time the Respondent (your spouse) is served and the time the divorce is finalized. Keeping that in mind, the following factors will influence the amount of time it takes to complete the divorce process in Queens:
- Children - if minor children are involved and the parties are unable to agree on custody, visitation and/or child support, this will increase the time necessary to complete the divorce process.
- Division of assets - as a general rule, the more assets a couple has the longer it takes to finalize a divorce. Even if the parties agree on the division of assets, complex and/or valuable assets that are jointly owned can take some time to legally divide.
- Division of debts - just like with assets, the more debts a couple has to divide the longer the divorce process can take.
- Pre-nuptial/post-nuptial agreement - if you entered into a pre-nuptial or post-nuptial agreement and you both plan to honor the agreement without contesting anything, it can make the divorce process move along faster. Of course, is either party wants to contest all, or part, of the agreement, it can lead to a longer divorce process.
What you should see as a recurring theme throughout these factors is the present or absence of agreement between the parties. The single biggest factor when determining how long a divorce in Queens will take is the degree of which the parties are able to agree on the issues in the divorce. A multi-million dollar divorce with minor children can be complete at the end of the mandatory waiting period if the parties are able to work together to reach an agreement that resolves all of the issues. Conversely, what appears to be a simple divorce without children and with few assets and debts can drag on for over a year of the parties are adversarial toward each other. Contact the experienced attorneys at Simon & Gilman, LLP right away to find out what legal options you may have.