The single largest inquiry 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:
Basic Divorce Process in New York State
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 New York). If the Defendant does not reply, the Plaintiff simply waits 40 days before filing the the uncontested divorce papers by default.
c.If the Defendant replies and submits and Answer and/or Counterclaim, then the case is no longer uncontested.
2.Executing the Divorce Papers: At Keil & Siegel LLP, we prepare all of the requisite uncontested divorce papers for your signature in front of a notary public.
3.Filing the Papers with the Court: Once the papers are signed, we compile all of the documents in the manner required by the court. 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 court cutbacks, layoffs, and judicial retirements many cases have taken longer to process. Each county has a different time frame. During your FREE consultation we will provide you with an estimated time frame in your county.
At Keil & Siegel LLP the attorneys make it their goal to have the divorce process move as quickly as possible for the least expense.