How To Get A Quick Divorce in New York State
If you are looking for a quick divorce, you probably know that a lot depends on where you live. However, there are things you can do in any state to make your divorce go through faster.
Most times, a quick divorce means an uncontested divorce. This means that both spouses have agreed that they want a divorce, and more importantly, they have agreed on all issues about the division of property, care of children, etc. It is these issues that can take a long time to resolve.
If you have children, keep in mind that the court will usually consider the child’s best interests above all else when it comes to custody arrangements. This means that in principle, even if you have agreed an arrangement for custody, the court could overturn that and give a different ruling.
Even in the case of an uncontested divorce, you will need separate representation. This usually means different lawyers. You will each tell your lawyer what you have agreed, and the two lawyers will communicate with each other and with you to draw up all of the documents.
This is quickest way to get divorced. It is also the least painful for most people, and the cheapest, because the lawyers do not need to spend much time on it. Remember, anything that wastes a lawyer’s time will add to the bill.
Even with an uncontested quick divorce, there will be a certain waiting time. This depends on where you live. In California there is a 6 month delay known as the separation period, while in Missouri a divorce may only take 30 days. Divorce in the UK takes a minimum of 16 weeks.
Unfortunately, you cannot just go to another country or state that has a faster divorce system and get divorced there. You will have to satisfy the residency requirements. For example, Nevada has a reputation for quick divorce, but one of the parties has to live in the state for 6 weeks before they can file. The advantage is that if the divorce is uncontested, there is no waiting period in Nevada, so the divorce will often go through in a couple of weeks.
Many other states have a longer residency requirement, such as 3 months. Most people would have trouble going to live in another state for this length of time. It may be quicker and simpler to file in your own state and go through the waiting period.
If your spouse does not want a divorce, then your chances of getting a quick divorce become much smaller. In that case, you will almost certainly need to have been separated for at least one year before the divorce will be granted. There is also likely to be a lot more argument about the division of property that will take up time and money.
Of course, if you are prepared to let your spouse have the better deal when it comes to splitting your joint property, then you are likely to reach agreement sooner. The same comes to agreeing over custody of children. In that situation you have to balance your long term interests against the advantages of having a quick divorce in New York State.
If you plan on getting a quick divorce in New York State, you should still check with a qualified attorney to see if there are any potential land mines you may have missed.