Brooklyn, NY – There are a number of factors that will determine how long a divorce case takes in New York. This can include the length of the marriage, the combined property, assets, and income of the couple, if they have any children, and how many issues that they can mutually agree upon without conflict.
Separate living arrangements
Many couples will choose to start living apart as soon as realistically possible when a divorce is imminent. In New York, there is no formal requirement to live separately before the divorce process begins, but it can be helpful in some situations.
The couple can choose to start living separately and then sign a conversion agreement. Once this is done, the court can review this document and the couple’s living situation, then turn their agreement into a formal and legally binding divorce order. Usually, this means that the couple has been living apart for at least a year and followed the terms of their contract faithfully.
As with most situations, this process can take anywhere from months to years depending on how easily the couple can move and sort their property, but the court will want to see at least a year of separate living before finalizing the divorce.
This is another area that is highly dependent on how often the couple can agree on important matters and how much they own. If the couple makes their own property division arrangements and agrees to them, the court can simply make their agreement legally binding and allow both parties to follow the terms that they have outlined. Some couples who have been living together for decades, and they may have lots of shared financial and property interests. In these situations with lots of commingled property and assets, it can be years before the divisions are completed.
Issues related to children
The number of children the couple has and their ability to agree on custody arrangements can make a huge difference. In most cases, there will need to be separate hearings for child custody and support amounts, and these can be drawn out if the two spouses have significant disagreements. Support payments are based on income, while custody arrangements are based on the relative fitness of the parents and their living situations.
Consulting with a family law attorney before making major decisions
Issues such as divorce, child custody, child support, and alimony payments can have serious long term consequences. Because of the gravity of these decisions it is important for anyone with family law issues to consult with a licensed attorney in the state. Elliot Green Law Offices provides assistance related to all kinds of family law cases in the Brooklyn area.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201