When considering divorce, one of the most common questions clients ask is, "How long will it take?" In New York State, the timeline varies depending on the type of divorce, complexity of issues, and cooperation between both parties. Kathleen Gaines Attorney At Law, a divorce lawyer serving clients across Buffalo, Grand Island, Lewiston, Niagara Falls, North Tonawanda, Wheatfield, and Lockport, NY, is here to break down the typical timeline and factors that can influence how long your divorce process will take.

The Steps of a Standard Divorce Process in NYS

1. Filing for Divorce: The first step is filing a “Summons with Notice” or a “Summons and Complaint” in the Supreme Court of your county. The filing party (plaintiff) must serve the other spouse (defendant), which starts the legal process.
2. Response from the Defendant: After being served, the defendant has 20-30 days to respond, depending on their location. If they respond by agreeing to terms or starting negotiations, the process can proceed faster. However, if they contest the divorce or delay responses, it can significantly extend the timeline.
3. Disclosure and Discovery: Both parties must disclose financial and relevant personal information. This “discovery” stage can be time-intensive, especially if there are complex financial assets or hidden income. Having a skilled divorce attorney helps keep this process efficient.
4. Negotiation or Mediation: If the couple is willing to negotiate, they can resolve issues like custody, child support, and property division through mediation or direct negotiation. An experienced family attorney like Kathleen Gaines can help facilitate these discussions, potentially shortening the timeline.
5. Settlement or Trial: If both parties reach an agreement, they sign a settlement, and the case can be finalized relatively quickly. However, if issues remain unresolved, the case may proceed to trial, adding several months to the timeline.
6. Finalizing the Judgment: Once all issues are resolved, either through settlement or trial, a judge signs the Judgment of Divorce, officially finalizing the divorce.

Factors That Can Slow Down a Divorce Proceeding

Several factors can extend the timeline of a divorce in New York:

• Disputes Over Assets and Custody: Disagreements regarding asset division, custody, or spousal support can require multiple court dates and add months to the process.
• Lack of Cooperation: If one spouse is unresponsive or uncooperative, the case may take longer, especially if motions need to be filed to compel responses.
• Complex Financial Situations: High-net-worth divorces, those involving family-owned businesses, or hidden assets often extend the discovery process.
• Backlog in Courts: Occasionally, court backlogs can impact the speed of your case, particularly in busy jurisdictions.

How Long Does It Typically Take for a Divorce to Be Finalized?

For an uncontested divorce, where both parties agree on terms, it may take anywhere from 3 to 6 months to finalize after filing. In contested cases or complex situations, the divorce can take one to two years or even longer, depending on disputes and other complicating factors.

Speak to Our Experienced Divorce Attorney Today

If you’re considering divorce or have questions about the process, working with a knowledgeable divorce lawyer is essential. Kathleen Gaines Attorney At Law serves clients throughout Buffalo and Western New York, including Grand Island, Lewiston, Niagara Falls, North Tonawanda, Wheatfield, and Lockport. With an experienced family attorney by your side, you’ll receive guidance tailored to your unique situation. Call 716-501-8948 today to schedule a consultation and begin moving forward.