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Which is better for a quick divorce, New York or California?

New York, NY |

We both want a speedy, simply and uncontested divorce.
I live in NYC ( have for a year), she lived in LA, CA.
Lived apart for 1 year.
No fault divorce
Married for 2 years
No kids
No real property, no debts, no assets to split.
Want clean break asap.

( I'm from England, she is from Austria, married in the UK)

Thinking we could do Summary Disolution in CA ( 6 months) but think a Summary Divorce in NY takes 30-60 days?

Advice for the most simple please.

Attorney Answers 5

  1. I am not really familiar with the procedure in California, but in New York, if the matter is truly uncontested, it's a matter of filling out a series of forms known as an "uncontested packet", both of you signing some of the forms before a notary, and filing it with the court. The clerks office reviews it to make sure everything is in order before sending it up to a judge. This can take 1-3 weeks depending on how backed up the office is. After they determine there is nothing missing, the Judgment gets sent up to the Judge for signature. Again, the amount of time it takes for the Judgment to be signed and filed depends on how backed up the Court is. It can take anywhere from6 weeks to 4 months.

  2. If the paperwork is prepared correctly, an uncontested divorce in NY should take less than 6 months.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

  3. It depends upon the county. In Westchester, if you're lucky and get the right judge, it can be less than two weeks. Brooklyn can be six to eight months.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

  4. In certain counties in NY an uncontested divorce can be granted in under 2 months (some less than 30 days) without any court appearances.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

  5. An uncontested divorce can happen very quickly in New York State BUT (a very BIG but) for the Court to have jurisdiction, there are residency requirements, which for out of staters, can be quite lengthy -- up to two years.

    Refer to Domestic Relations Law Section 230 (google it) or the Wikipedia article "New York divorce law" under "Residency requirements"

    Tip jar: please agree, mark as helpful or best answer if you are so inclined!

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