Manhattan Divorce Attorney Richard Roman Shum Explains How Long a Divorce Takes in New York

NEW YORK, NY - The length of a divorce in New York depends on whether the case is uncontested, contested, or proceeding by default, along with residency, service, court calendars, and the parties' cooperation. Manhattan divorce attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/how-long-does-a-divorce-take-in-new-york/) provides guidance to clients on the timing factors that shape both contested and uncontested matrimonial cases in Manhattan and across New York City.

According to Manhattan divorce attorney Richard Roman Shum, an uncontested divorce generally moves faster because both spouses have already agreed on the major terms and the court can review the papers without holding a trial. A contested divorce typically takes longer because spouses must resolve disputes over child custody, property division, spousal support, or other issues before the court can grant the divorce. "An uncontested divorce can move in weeks to several months when both spouses agree on all required terms, service is completed promptly, and the court papers are complete," Shum explains. "A contested divorce can take much longer because disputed issues may require conferences, discovery, motions, settlement negotiations, or trial."

Manhattan divorce attorney Richard Roman Shum notes that in a no-fault divorce, New York law requires the marital relationship to have been irretrievably broken for at least six months. The court cannot grant the divorce until financial and child-related issues have been resolved by agreement or by court decision, which means the timeline is not measured only from the filing date. Service, the Defendant's response, court review, and resolution of all required issues all factor in.

Attorney Shum points out that before filing, at least one spouse must meet the residency requirements under DRL 230. The shortest route is when both spouses are New York residents and the grounds for divorce arose in the state, in which case there is no waiting period. Otherwise, one spouse must have lived in New York continuously for one year when there is a New York connection to the marriage, or for two years without one. Filing before meeting the residency requirement can result in dismissal, wasting both time and filing fees.

In uncontested cases, the Plaintiff has 120 days after filing to serve the Defendant. The Defendant generally has 20 days to respond when personally served in New York, or 30 days when service is completed in another manner. If the Defendant signs the Affidavit of Defendant, the remaining papers may be filed immediately. If the Defendant does not respond, the Plaintiff must generally wait 40 days from service before filing the remaining papers under the default procedure. The firm notes that the final timeline still depends on court review and whether any papers need correction.

Shum adds that contested divorces follow court-managed timelines. After the case is assigned, the preliminary conference must be held within 45 days, and at that conference the court sets a timetable for disclosure. Disclosure procedures and the Note of Issue must generally be completed within six months of the conference unless the court shortens or extends the schedule, and trial in a straightforward case is scheduled no later than six months from the preliminary conference. "Multiple hearings, compliance conferences, discovery disputes, and adjournments can extend the timeline, especially in cases involving detailed custody disputes or high-value asset division," he notes.

The firm also advises clients on factors that commonly delay a case regardless of whether it is contested. These include a spouse who misses deadlines, fails to provide records, or does not follow court orders; defective papers that must be corrected and resubmitted; detailed asset division involving businesses, retirement accounts, or significant real estate; custody disputes that require hearings or the appointment of an Attorney for the Child; and concealment of assets that triggers additional discovery and motion practice. Automatic orders take effect to protect marital property once the action begins, and violations can lead to further delay.

Mediation may help spouses resolve disputed parenting and financial issues before they require contested motion practice or trial. When mediation succeeds, the agreed terms can be incorporated into uncontested divorce papers. The fastest path is generally an uncontested divorce where spouses resolve all required financial and child-related issues before filing, with complete papers, prompt service, and cooperation. Filing costs for an uncontested divorce start at $335 in court filing fees, not including attorney fees and other case-related costs.

For Manhattan residents considering divorce, understanding the timeline early in the process helps set realistic expectations and reduce preventable delays. Working with experienced counsel can help clients reduce paperwork errors, missed deadlines, and procedural setbacks.

About Law Office of Richard Roman Shum, Esq.:

Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm focused on divorce, custody, child support, spousal maintenance, property division, and related family law matters. Led by attorney Richard Roman Shum, the firm represents clients throughout Manhattan and New York City. The office is located at 20 Clinton St FRNT 5D, New York, NY 10002. For consultations, call (646) 259-3416.

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