Finalize a Divorce
Many states enforce a waiting period, extending between the divorce filing and finalization. This waiting period is determined on a state-by-state basis, as with the following states:
- New York
30-day waiting period. Begins when respondent spouse is officially served with divorce papers.
60-day waiting period. Begins as soon as the divorce is filed.
20-day waiting period. Beings as soon as the divorce is filed, but can change if the Court decides that a waiting period is unjust.
• Both parties must first show that they have been living "separate and apart" for an uninterrupted period that exceeds 2 years. "Separate and apart" does not always require the couple to have lived in separate housing.
• In the case of a no-fault divorce, that period of "separate and apart" can be minimized to 6 months, as long as both parties agree to waive the 2 year requirement in writing.
6 month waiting period. Begins when respondent spouse is officially served with divorce papers.
Will my divorce require a lawyer?
Whether you're pursuing a contested or uncontested divorce, it is always wise to be in contact with a family attorney. If you're living in a state where "Heart Balm" laws are enforced, you may also wish to retain an attorney to protect you from being sued for divorcing.
If you have children, disputed assets, or debt in your marriage, then we strongly encourage you to find a divorce lawyer who will work with you on your divorce and help you through determining child and spousal support. Having someone to assist you now can save you a lot of time down the road.