Uncontested divorce is increasingly common in New York, offering a smoother and faster alternative to traditional court battles. In a detailed guide titled "How Long Does an Uncontested Divorce Take?", New York uncontested divorce lawyer Ryan Besinque (https://www.besinquelaw.com/how-long-does-an-uncontested-divorce-take/) outlines the average timelines, influencing factors, and the importance of preparing accurate documentation for the process.
Ryan Besinque, a trusted New York uncontested divorce lawyer at The Law Office of Ryan Besinque, emphasizes that uncontested divorces typically take less time to finalize than contested cases. According to Besinque, a contested divorce can take anywhere from nine months to several years to resolve, while an uncontested divorce in New York can often be completed in just three to six months. This difference can mean considerable savings in both time and legal costs.
For those seeking legal separation without court battles, working with a New York uncontested divorce lawyer like Ryan Besinque can make the process more manageable. As he explains in the article, “In most uncontested divorce actions, the extent of the court's involvement can solely be to ask a judge to approve the spouses’ settlement agreement and to sign the Judgment of Divorce after an uncontested divorce hearing.” This allows many couples to avoid the extended delays and stress often associated with litigation.
A key advantage of an uncontested divorce is the reduced emotional and financial toll it brings. New York uncontested divorce lawyer Ryan Besinque points out that these types of divorces proceed more efficiently when both parties agree on essential matters like asset distribution, child custody, and spousal support. A properly drafted settlement agreement forms the foundation of an uncontested divorce and ensures that each party’s rights and responsibilities are clearly defined.
However, Besinque warns that even uncontested divorces are not without hurdles. Court backlogs, especially during popular filing months like January, can delay case processing. Mistakes in paperwork or improper service of divorce documents can also extend timelines. As Besinque explains, "Incorrect or incomplete paperwork, improperly serving your spouse, and not having a thorough settlement agreement are common mistakes that can delay your divorce."
In uncontested divorces, a major portion of the timeline depends on the responsiveness of the non-filing spouse, referred to as the Defendant. If the Defendant resides in New York, they have 20 days to respond to the divorce petition. That window extends to 30 days for out-of-state Defendants. Prompt response can help move the process forward, while delays may lead to a default divorce and still require specific legal steps and timelines.
Another element that affects the length of an uncontested divorce is the couple’s ability to reach a settlement on key issues. In New York, marital property is divided under the principle of equitable distribution, meaning the division must be fair, though not necessarily equal. Ryan Besinque advises that couples should consider the nature of their assets and the financial circumstances of each spouse when drafting their settlement agreement. Matters such as child custody, child support, and spousal support must also be addressed in a way that reflects the best interests of all involved, especially children.
Although the process is generally simpler, having guidance from a New York uncontested divorce lawyer remains essential. Besinque underscores the need to avoid pitfalls that could transform an uncontested divorce into a contested one. These include forgetting to disclose all marital assets or failing to account for shared debts. Such oversights can create legal issues and delays even after the divorce has been finalized.
Cost is another area where uncontested divorces provide relief. Filing and attorney fees are typically lower, with total expenses ranging from a few hundred to a few thousand dollars. Ryan Besinque explains that while uncontested divorces are less expensive, fees can still vary based on assets, whether children are involved, and how much negotiation is required.
At The Law Office of Ryan Besinque, careful attention is given to each step of the process. Ryan Besinque offers tailored legal assistance to help couples move through their divorce efficiently and with minimal conflict. He uses cooperative approaches to streamline proceedings and support couples in reaching amicable agreements.
For individuals or couples in New York considering divorce, an uncontested route may be the fastest and least stressful option. Ryan Besinque provides the guidance needed to complete the process correctly and avoid preventable delays. By working with an experienced New York uncontested divorce lawyer, the process can be finalized more smoothly, with less financial and emotional strain.
Couples considering this route are encouraged to consult with The Law Office of Ryan Besinque to assess their situation and receive direction on filing, negotiation, and document preparation. A well-planned uncontested divorce can save time, reduce costs, and allow both parties to transition to the next chapter of their lives with clarity and closure.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque offers legal services in divorce and family law, helping clients across New York resolve family legal matters with practical solutions and careful guidance. Led by attorney Ryan Besinque, the firm assists clients in reaching fair divorce settlements while minimizing conflict and delay.
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Phone: (929) 251-4477
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State: New York 10001
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Website: https://www.besinquelaw.com/
