In New York, is there a divorce waiting period?

When couples consider dissolving their marriage in New York, one of the common questions is: “Is there a waiting period for divorce in New York?” The answer is layered and nuanced. While New York doesn’t impose a formal mandatory waiting period like some other states, several legal and procedural factors can act as de facto waiting periods, which can delay the final divorce decree.

Whether you’re initiating a divorce or responding to one, an estimated divorce timeline helps make informed decisions. Contact a divorce lawyer in New York as soon as possible to prepare and pursue a winning legal strategy that’s in sync with your objectives and your family’s best interests. 

No Statutory Waiting Period—But It’s Not That Simple

Unlike many other states, New York doesn’t impose a specific, mandatory waiting period between filing for divorce and receiving a judgment. No law forces couples to be legally separated for a certain time or to wait a certain number of days post-filing before their divorce process can be completed.

So why do so many New York divorce proceedings take a long time?

Because while there’s no statutory “cooling off” period, procedural steps, court logistics, and the complexity of disputes create built-in delays. These include:

• Service of process timelines
• Financial disclosure requirements
• Settlement negotiations or contested litigation
• Judicial caseloads
• Filing and calendaring delays

A truly uncontested divorce with complete agreement on child custody, child support, spousal support (spousal maintenance), and property division issues could theoretically be finalized in as little as eight to 12 weeks. But in reality, most divorces may take longer, typically six months to one year, and sometimes far more.

Residency Requirements: A Foundational Timeline

Before you can even file for divorce in New York, you must meet the state’s residency requirements under Domestic Relations Law § 230. This acts as an eligibility period and can function as an indirect waiting period.

New York allows divorce filings if at least one of the following applies:

• The marriage took place in New York, and at least one spouse has lived in the state for one continuous year
• The couple lived in New York as spouses, and one spouse has lived in the state for one continuous year
• The cause of action (grounds) occurred in New York, and one spouse has lived in the state for one continuous year
• The cause of action occurred in New York, and both spouses are residents at the time of filing (no one-year requirement)
• Either spouse has lived in New York for at least two continuous years, regardless of where the marriage occurred or where the cause of action took place

If you don’t meet any of these conditions, you will have to wait to file for  divorce until you do. This requirement of the New York law can add months to the process.

Grounds for Divorce: Fault vs. No-Fault Timing

Since 2010, New York has allowed no-fault divorce, where a spouse can simply assert that the marriage has been “irretrievably broken” for at least six months (Domestic Relations Law § 170(7)). This is the most commonly used ground today.

Important nuances:

• You don’t have to prove you have been separated for six months. You must only allege that the marriage has been irretrievably broken for that duration.  Therefore, if you have been married for less than six months, you will have to wait before filing for a no-fault divorce.  
• No waiting period applies beyond that self-assertion. However, the court won’t finalize the divorce unless all ancillary issues, such as custody, support, and property division, are resolved.
• In fault-based divorces, such as cruel treatment, abandonment, or adultery, the entire divorce process is generally longer due to the burden of proof and increased likelihood of litigation.

Financial Disclosures and Filing Requirements

Once a divorce is filed, both parties must comply with mandatory financial disclosure, unless waived. These disclosures are governed by Uniform Rules for the New York State Trial Courts § 202.16 and include:

• Net Worth Statement (sworn financial affidavit)
• Income tax returns
• W-2s, pay stubs, bank statements, and retirement account documentation
• Asset and liability disclosures

Courts won’t issue a divorce judgment until both parties have resolved financial issues voluntarily or via trial. Noncompliance or delays in exchanging financial documents can drag proceedings.

Contested Divorce: The Greatest Source of Delay

In a contested divorce, spouses disagree on one or more issues—child custody, visitation, property division, maintenance (alimony), or child support. Contested divorces can extend the timeline dramatically, often taking 12 to 24 months or more to resolve.

Litigation timelines include:

• Discovery: Document exchange and depositions (three to nine months)
• Motions: Temporary support, restraining orders, or access disputes
• Forensic evaluations: Especially in high-conflict custody battles
• Court conferences: Preliminary, compliance, settlement, and trial scheduling
• Trial: Hearings, witness testimony, expert reports, closing arguments

Even after trial, post-trial motions or appeals can delay final judgment. While there’s no statutory waiting period, the court system itself becomes the bottleneck.

County-to-County Differences in Court Backlogs

Your county of residence can impact how quickly your divorce is processed. Judicial resources and caseloads vary widely across New York State.

For example:

• In New York County (Manhattan) or Kings County (Brooklyn), high volumes of filings often mean three- to six-month delays just to get a motion heard or a conference scheduled.
• In Westchester, Nassau, or Suffolk, cases may move more quickly, but judicial calendars still determine speed.
• In rural counties, fewer judges may mean longer wait times for trial dates, especially in contested divorces.

Divorce by Publication: A Special Consideration

In rare cases where one spouse cannot locate the other, service of process  by publication may be necessary. The plaintiff must show due diligence in locating the spouse and then seek court permission to serve notice of the divorce action via a newspaper.

This adds months of delay due to:

• Court review of the application for publication
• Waiting periods required by law for newspaper notices
• Time for the missing spouse to respond (even if they never do)

Strategic Considerations: Can You Shorten or Extend the Process?

Skilled legal representation can have a profound impact on the duration of your divorce.

Ways to expedite:

• File uncontested, with a complete settlement agreement from the outset
• Use mediation or collaborative divorce to resolve disputes outside of court
• Exchange financial disclosures early and thoroughly
• Ensure accurate service of the summons and complaint to avoid delays
• Proactively schedule court conferences and keep discovery on track

Ways to delay (sometimes strategically):

• Delay filing to meet residency or financial planning goals
• Postpone negotiation to account for asset appreciation/depreciation
• Delay the trial until after forensic evaluations or business valuations are complete
• Seek adjournments if custody or health matters are unresolved

An experienced New York divorce lawyer will assess not only the legal merits of your case but also the tactical timing that best serves your goals.

Get High-Powered Legal Representation from Our New York Divorce Attorneys

If you’re facing divorce or a family law matter, trust the experienced attorneys at Petroske Riezenman & Meyers, serving New Yorkers with dedication and integrity since 1992. With over 30 years of proven results, we provide the attention your case requires, starting with a thoughtful strategy for your circumstances. Our deep knowledge of New York family law, combined with practical courtroom insight, allows us to guide you confidently through negotiation, trial, or appeal. Let us help you protect what matters most. To schedule your free and confidential consultation, call us at (631) 337-1977 or contact us online.