January 28, 2022 7:51 AM

How Long Does A Contested Divorce Take In New York?

By Liz B. Gatsby

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Getting divorced is a perplexing and often convoluted process. Ultimately, no one wants to have a painful and drawn-out divorce. You want to cause as little tension for yourself, your children, and your spouse as possible. But that’s not always the case. There are many factors involved with getting divorced, and the outcome of your case may depend on the parties involved or even the county you file in. Given the complexity of divorce cases, seeking the legal counsel of a New York contested divorce lawyer is important. At the Law Offices of Juan Luciano, our experienced divorce attorneys are here to help you. We will guide you through your troubling times and help you move forward.

Factors That Can Affect The Duration Of A Divorce Proceeding

There are a number of factors that can contribute to the amount of time it takes for divorce proceedings. These include:

  • Whether or not there are children involved.
  • Lack of Cooperation. It is important for couples to work cooperatively and collaboratively in order to keep the divorce process under their control. The decision process will rely on judges in cases where the spouses cannot collaborate cohesively to solve their issues, which can increase the time and money required for court appearances, document preparation, and more.
  • Assets. If there is a disagreement among parties about an interest in a property, an appraisal can help to determine the value of that asset. However, the process is tedious and costly.
  • Court schedule.
  • And other matters.

Getting a divorce is never easy. Each case varies and is unique to each couple filing for divorce. These disputes can vary widely in severity and each requires a certain level of paperwork that the court must scrutinize. When more points arise during negotiations, the process gradually lengthens.

How Long Does It Take To Settle A Contested Divorce?

Lengthy divorce proceedings are one of the many obstacles faced by those in contested divorces. All divorce cases differ in duration and some can take years to make it through the courts. An uncontested divorce case, on the other hand, can take about three months to complete.

Divorces typically require individual negotiation with an attorney, but some things can be settled before any formal proceedings. A consultation with a divorce lawyer can help you find out if it’s in your best interests to file for a divorce or to negotiate privately. Perhaps the quickest way is for both parties to agree on some points and ask their attorneys to draw up letters and proposals. 

After the re-negotiations have come to completion and a settlement has been reached, final divorce documents are prepared and filed at the courthouse. If delay by either partner is encountered or negotiations just don’t seem to be progressing, the best course of action is taking the case to court.

What is an RJI?

After court service and filing, parties in the divorce case cannot make significant headway on court proceedings without filing a Request for Judicial Intervention or RJI. An RJI is a document that initiates a divorce case. This document is filed to ensure that the case gets before a judge. How quickly this is accomplished depends on whether:

  • the defendant has responded to your lawsuit or
  • there is an emergency that requires immediate intervention by the court

Typically, an RJI can be filed at least a month after a complaint is filed and served. After doing so, you can expect to be scheduled for your Preliminary Conference within approximately 30-45 days unless there’s a pressing matter that speeds up the process.

The preliminary conference is the point at which all the relevant information from both sides is identified and scrutinized. Depending on how complex a court case is, the Court provides a discovery schedule at the preliminary conference. Whatever their complexity level is, cases should follow the goal to resolve everything within the set period of time.

Work With An Experienced Contested Divorce Lawyer

There are many different factors that can affect the length of your divorce proceedings. The more heated the divorce, the longer it will take. The involvement of opposing attorneys or parties can lengthen the duration of the process and the need for research means more time may be spent on a tailored action that ensures precision. It is unwise to rush a case. It is best to be sure the process moves properly by taking the additional time if necessary. A contested divorce lawyer can help guide you through the whole process. 

Finding the right contested divorce attorney doesn’t have to be difficult. At the law offices of Juan Luciano Divorce Lawyer, we are here to help during your time of need. Whether you’re facing an uncontested divorce or a contested one, we are here for you! Call us today to learn more about how we can assist you at (212) 537-5859.

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