Myth Busting: The Longer the Marriage, the Longer the Divorce Process

By Michael DiFalco

The longer you are married to your spouse, the more intertwined your personal and financial affairs become. You may have older children with your spouse, own one or more homes, and have valuable assets, like retirement accounts, pensions, and an investment portfolio.

So it stands to reason that if you have been married for many years, separating will take an equally considerable amount of time in New York. However, this is not necessarily true. The length of the divorce process in your case depends on a multitude of factors.

Factors That Determine How Long the Divorce Process Takes

When you file for divorce in New York, the divorce process could take anywhere from a few weeks to a few months or more (a few years in complex matters that cannot be settled). Some of the factors that determine how quickly your case will be over include:

You and Your Spouse’s Agreement

When you and your former spouse are both in agreement that a divorce is in your best interests and are committed to getting the process done quickly, the divorce process will usually proceed smoothly. 

Divorces involve the completion of paperwork and attendance at hearings. This process can happen faster when you and your spouse prioritize getting your divorce accomplished. If it is not a priority for either of you, it can drag out for some time before wrapping up.

Your Ability to Compromise

Alimony, child visitation, and property division are just some of the issues a divorce court must settle. If you and your spouse cannot agree on how these and other similar issues should be handled, it can take one or more court hearings before the court decides how to address them.

Conversely, if you and your spouse can agree on how these matters should be handled, your divorce court will often adopt those agreements. Not only does this result in greater satisfaction with the outcome of your divorce, but it also speeds the divorce process up.

The Complexity of the Marital Estate

In any New York divorce, the court will divide the marital property fairly and equitably. This can be a straightforward task when the amount of marital property is small and is easy to value. Homes, cars, and jewelry have readily ascertainable values that the court can find and adopt.

However, suppose that your marital estate consists of complicated assets like a business, stocks, investments, and private or public benefits. Separating such assets can take additional time and delay the resolution of your divorce case.

Your Decision to Seek Representation

Far from delaying a divorce, having a professional New York divorce attorney involved in your case can help you wrap your case up sooner. This is because a divorce attorney will know the procedural steps to take to move your case along. 

Your divorce lawyer will also know the issues in your case that need to be addressed and can even work outside of court to resolve them. Knowing what to prioritize and how cases can typically be resolved provides a level of clarity, focus and guidance that only experience can offer.

Where to Find an Experienced New York Divorce Lawyer

The length of your marriage is only one of many factors that contribute to how long it takes to resolve a divorce. If you are facing any type of divorce in New York, a seasoned Garden City family law attorney can make all the difference. 

At Aiello & DiFalco, we understand that a divorce can disrupt your life and are committed to minimizing that disruption as much as possible. We will work to resolve your divorce efficiently while protecting your rights and your family’s best interests. 

Reach out today to Aiello & DiFalco to schedule a consultation to learn how we can assist you in your New York divorce.

About the Author
I am a partner at Aiello & DiFalco LLP, and my priority for my clients is to guide them through an arduous court case to provide them with the opportunity to write the next chapter in their life. I tailor my approach to each client’s priorities and positions, and to the extent that matters can be predicted, I will always provide a realistic perspective of how the law could be applied to the particular facts and circumstances of a case. Since I thrive on helping people and solving problems, I bring an optimistic and positive approach to practicing in a very difficult area of law. With more than a decade of experience handling hundreds of cases, I have the ability to get results on the issues my clients view as priorities. When cases or certain issues cannot be settled, I have a solid record of success at trials, hearings, and on appeals. Feel free to contact me for a free initial consultation, I am always available to help.