What is the quickest possible timeframe for divorcing in New York if everything goes smoothly?

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How Quickly Can You Get A Divorce in New York

Residency Requirement

 To initiate a divorce in New York, at least one spouse must have been a resident of the state for a continuous one-year period immediately preceding the start of the divorce action. Meeting this jurisdictional prerequisite is the first step.

Uncontested No-Fault Grounds

 For the absolutely quickest timeline, the divorce needs to proceed as an uncontested no-fault case based on irretrievable breakdown of the marriage. Fault grounds like cruelty or abandonment inevitably draw out the process.

Waiving Waiting Period

 Under New York's no-fault law, there is a state-mandated 60-day waiting period between initially filing for divorce and obtaining the final decree. However, this period can potentially be waived by the court if both spouses agree in writing to do so.

No Disputed Issues

 All key issues like asset division, debts, spousal support, and child custody/support must be fully resolved through a signed How Quickly Can You Get A Divorce in New York agreement between the parties. Having absolutely no disputes for the court to decide accelerates the divorce dramatically.

Filing the Paperwork

 Once residency is met, filing the Summons, Verified Complaint, and other initiating paperwork triggers the divorce process. This paperwork includes details of the agreement reached between parties.

Serving the Spouse

 While typically not required in an uncontested setting, formally serving the non-filing spouse with the divorce papers, and filing proof of that service, is still needed to move the case forward.

Judicial Review and Approval 

Even an uncontested divorce needs review and approval by the court. Assuming all paperwork is properly completed, the final documents can potentially be reviewed and approved in as little as 2-3 weeks from initial filing if the spouses waive the waiting period.

Entry of Judgment and Decree

 Once the judge signs off, the Judgment of Divorce officially terminating the marriage is issued by the court clerk's office. In the absolute best scenarios with no bumps in the road, this can conceivably occur 4-6 weeks from initially filing the case.

Remarriage Waiting Period

 In New York, parties must still wait 24 hours after the Judgment is entered before legally remarrying. But aside from this final 24 hour period, the rest of the divorce process can theoretically finalize in around a month.

Complicating Factors

 Of course, very few divorces are truly 100% uncontested with zero areas of disagreement, contested issues, service hiccups, documentation errors, required court appearances, or other factors that inevitably draw out the timeline beyond that compressed 4-6 week span.

For spouses who have already reached a full agreement, file impeccable paperwork, get extremely lucky with the court's schedule, and waive all waiting periods, it's theoretically possible to finalize an uncontested New York divorce in around a month. But realistically, most divorces take much longer to resolve due to various complicating circumstances.