How long does it take a divorce to finalize so you can remarry in NYC?

Asked over 1 year ago - New York, NY

My fiancé and I want to be married soon in CA, however he is still married. There is nothing to dispute in his divorce. Both parties want to file for divorce. His wife said he just needs to sign some papers. How long will it take for the divorce to be finalized after the papers are notarized and turned into the court? Can we be married for example two weeks after he files? 1 month? 3 months? Can you give me at least an estimate? By the way my fiancé and I have been living together sharing finances in the same household for the past 5 years, but we have lived in different states, Chicago for 2 years and 3 in NYC. We will be moving to Canada together in September. I am a US citizen, he will be a student at the University of Toronto, I wanted benefits this is part of why the hurry.

Attorney answers (3)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no waiting period after the divorce is finalized - but how long it will take will depend upon the county in which you file and the backlog in that county on the day you file.

    Because of the state budget cuts the court system has developed substantial delays in almost everything it does. In some counties it can take a year unless someone moves for expedited processing.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Howard A. Schwartz

    Contributor Level 20

    2

    Lawyers agree

    Answered . It depends on the county, and the judge assigned. It could take many mo tha these days. If there are definitive marriage plans, with proof, then the moving party can request the court expedite the process. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Ilya Novofastovsky

    Contributor Level 12

    1

    Lawyer agrees

    Answered . A divorce is like a lawsuit. If it is UNCONTESTED, and there are affidavits/waivers confirming all that, it can be processed quickly from filing to judgment. I would estimate a couple of months.

    Note: With a staff of 30 at our headquarters and affiliated attorneys and experts around the country, we use a... more

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