Uncontested Joint Divorce Pilot Project Eases NY Divorce Laws

The Uncontested Joint Divorce Pilot Project, available as of March 1, 2022, has been expanded to cover Kings, Queens, Broome, Ontario, and Westchester Counties. This initiative marks a significant development in the divorce process.

On June 13, 2022, two Administrative Orders were signed by the Administrative Board, which have streamlined and improved the divorce proceedings in New York:

Administrative Order (AO) 141/22, effective from July 1, 2022, incorporates revisions to the Matrimonial Rules, aligning them with the Uniform Rules. These revisions can be found in the updated 22NYCRR 202.16 and 202.16-b.

AO 142/22 introduces a revised Preliminary Conference Stipulation/Order-Contested Matrimonial Forms (“PC Order”) for use in matrimonial matters, also effective from July 1, 2022. This revised form is accessible on the Divorce Resources website under Statewide Official Forms. The changes in the PC Order are designed to seamlessly implement the harmonized Matrimonial Rules.

Furthermore, Revised Forms for Use in Matrimonial Actions in the Supreme Court were adopted, effective from March 1, 2022. These revisions account for the statutory adjustments on March 1, 2022, such as the increase of the combined income cap under the Child Support Standards Act from $154,000 to $163,000 and the income cap of the maintenance payor under the Maintenance Guidelines Act from $192,000 to $203,000. These adjustments are based on the Consumer Price Index for all urban consumers (CPI-U) published by the United States Department of Labor. Additionally, the revised forms reflect changes to the Self Support Reserve, which increased from $17,388 to $18,346.50, and the federal Poverty Level Income for a single person, which rose from $12,880 to $13,590.

For those seeking an uncontested divorce in New York, the process duration depends on two main factors: court workload and the speed at which your spouse returns the necessary documents. Some uncontested divorces can be resolved in as little as six weeks, while others may take up to six months. Since New York doesn’t have a mandatory waiting period, a mutually agreed divorce typically takes around three months for the court to process. However, if there are disagreements between the parties, this may extend the timeline.

It’s noteworthy that the average divorce timeline in New York is 9.5 months, which is shorter than the national average of 11 months. This disparity is attributed to New York’s lack of a waiting period requirement. Nevertheless, certain factors can potentially prolong a divorce case.

Divorce is ugly and we all know it. The good news is that having a good attorney on your side can provide you with warmth, comfort and security in this difficult situation. We hope you did not have kids before the divorce, but if you did, we will try to help everything related to custody go smooth as well. Whether you are facing a contested or uncontested divorce you can reach out to our Queens Divorce Attorney  today to schedule & fast & free legal consultation.

/