2024 Costs & Timelines For Divorces in New York State

Filing for a divorce can be an emotionally devastating process, particularly if the other spouse does not want to divorce. Nobody enters into a marriage expecting to one day get divorced.

However, it is often a necessity to avoid future turmoil and give you the opportunity to move on from what is likely a problematic situation. Depending on your situation, divorces can end up being awfully expensive. You may wonder, “How much does a divorce cost in New York?”

So How Much Does a Divorce Cost in New York?

The more common divorce disputes generally run a bit cheaper but it all really depends. Every divorce in New York is different. Every divorce has its own specific set of circumstances that led to divorce, such as adultery, abuse, alienation of affection, or miscommunication. Every divorce case has its own details that can make pursuing a case foolish or ideal, such as child custody agreements or alimony payments. Filing for an uncontested divorce can possibly make things less expensive, but there are no guarantees. Divorce is one of the many sub categories of Family Law and every type of family law service has varied rates.

Ultimately, there are any number of factors unique to each individual divorce case that can lead to your divorce being more expensive than others. Divorce cases often have a reputation for being awfully expensive due to a loss of assets or having to pay spousal support. However, it is important to recognize every potential expense that can affect your divorce case. Here are some of the possible extra expenditures you may have to deal with:

• Complexities. The simpler a divorce case is, the less it will likely cost you in the long run. The exact opposite may be true as well. If a divorce case is particularly complex with a lot of significant moving parts, it can end up being pricey. Added disputes over asset division, spousal support, child support, and custody agreements can drag things out and make your case much more expensive.

• Asset & debt division. Asset division can often be contentious, personal, and aggressive, depending on the details of your relationship. If you and your spouse acquired a great deal of assets during your marriage or there is no prenuptial agreement in place, it can take a long and arduous time to fully divide the assets into equitable chunks. The same can be said for debt, which may require further analysis and some accounting.

• Child custody agreements. Depending on your current relationship with your ex-spouse, you may have been able to work on a custody agreement without involving the court. You may have a perfect co-parenting schedule worked out that you can bring to a judge. However, this may not be the case if your divorce is contentious. Dragging out child custody can make the entire divorce pricier than it needs to be, though it is important to build a custody agreement that’s healthy for your children.

• Conflict. One of the biggest causes of a long-drawn-out divorce is conflict. Divorces are not easy, and sometimes, they can be the cause of personal grievances and secrets being aired in public with zero thought behind them. The more conflict that is present throughout the divorce process, the harder it can be to finalize it. You will spend more time in negotiations and more time in litigation, and the costs will increase throughout.

Q: How Much Does It Cost to Get a Divorce if Both Parties Agree in New York?

A: There is no telling how much it may cost to get a divorce in New York if both parties agree to it. Every divorce case is different, and while an uncontested divorce will often be considerably cheaper to both parties than a contested one, there is still no way to tell what the total cost can be because all divorce cases are unique. It is important to consider all your options and choose the one that works for you.

Q: What Is the Cheapest Way to Get a Divorce in New York?

A: The cheapest way to get a divorce in New York is to pursue an uncontested divorce. An uncontested divorce usually does not involve a lengthy settlement process or any court appearances. Sometimes, you may not even need to hire a lawyer if you pursue a “do it yourself” divorce. However, you should still at least consult with a lawyer to make sure you are doing everything correctly. You can save a lot on hidden court fees with an uncontested divorce.

Q: How Long Is the Divorce Process in New York?

A: The divorce process in New York takes as long as it needs to take for your divorce to fully finalize. The amount of time it will take for that to happen depends entirely on the details of your case, your lawyer’s negotiation skills, any custody agreements you have drafted, and both parties’ willingness to compromise, among other factors. It can take anywhere from several months to well over a year, depending on the complexities.

Q: Which Parent Will Receive Primary Custody of the Children?

A: New York is a gender-neutral state when it comes to custody agreements. There is no guarantee that the court will favor either the mother or the father before looking at the facts of the case. The court will primarily consider the child’s welfare when deciding which parent to award primary custody.

The court will look at each parent’s history with the child, any reports of abuse or domestic violence, each parent’s home situation, and the preference of the child if they are old enough to have one.

Dealing with a divorce can be a difficult, overwhelming process that may not be what you ever wanted from life. That can be upsetting to overcome. Retaining the services of an experienced divorce lawyer like Robert Aronov can help you decide what you want to do. Your lawyer can provide you with options for pursuing your divorce and dealing with what comes after.