The single most asked question of matrimonial clients is “How long will my divorce take?” The answer to this question is contingent upon on the circumstances of each case. But, there are some general rules of thumb:

1.Service of Process: An uncontested divorce begins with the Plaintiff filing a Summons with the court. The Summons then needs to be delivered or “served” on the defendant.

a.If the parties are in agreement and the Defendant accepts service of the Summons and signs an Affidavit, there will be no time wasted on service of process. The balance of the uncontested divorce papers can be prepared and filed immediately with the court.

b.If the Defendant accepts service, he or she has 20 days to reply (or 30 days if outside the state of New York). If the Defendant does not reply, the Plaintiff simply has to wait 40 days before filing the balance of the uncontested divorce papers with the court.

c.If the Defendant replies and submits and Answer and/or Counterclaim, then the case is no longer uncontested.

2.Executing the Divorce Papers: If the divorce is truly uncontested the Defendant may agree to sign the appropriate waivers in front of a notary public. As soon as your attorney provides you with these papers, it is up to you and your spouse to each have the papers signed and notarized as quickly as you are able.

3.Filing the Papers with the Court: Once the papers are received, your attorney will compile all of the documents in the manner required by the court, together with the necessary filing fees. They will then be delivered to the matrimonial clerk in the county in which the parties reside.

4.The remainder of the process is in the hands of the Courts. The attorneys at Keil & Siegel LLP have seen cases complete processing in as little as six weeks. However, due to recent court cutbacks, layoffs, and judicial retirements uncontested divorces have taken longer to process. We contacted the Matrimonial Clerks in the Supreme Courts of Nassau, Suffolk and New York Counties and were told the following:

a.The Nassau County clerk indicated that in most cases an uncontested divorce takes about four months from the date of filing;

b.The Suffolk County clerk declined to give a time table indicating that there is no exact science;

c.The New York County clerk replied conservatively by indicating that the process can be anywhere from four to six months long.

At Keil & Siegel LLP the attorneys make it their goal to have the divorce process move as quickly as possible for the least expense. If you have questions about your divorce and are looking for a free consultation, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .