Posts Tagged ‘judgement of divorce’

How Long Is This Going To Take?

Wednesday, October 9th, 2013

It seems that every individual seeking a divorce or legal separation has the very same question: How long will the process take?

Unfortunately this question cannot be answered with any degree of certainty until a thorough review of the circumstances of each case is evaluated. And even after all that, it is difficult to state a precise time frame.

There are cases that we have completed in one month from the time we were first retained to when the parties executed a settlement agreement. Thereafter, a judgment of divorce packet must be prepared and then submitted to the Court. It is unknown exactly when the judge will sign the divorce documents. The wait time varies from county to county.

Other cases can go on for years especially when the parties need to retain experts to determine the value of real estate or business interest(s). Sometimes it is not always in the parties’ best interest to retain a neutral expert because in the event that they cannot agree on the report, then they will each need to obtain their own expert. This is something to consider when an expert is involved.

Also, delays can arise from the parties’ themselves due to health reasons, being activated for military service or various other personal reasons. There are unpredictable events which all play a role in the delay of a matrimonial action.

Custody disputes, in particular, may require a forensic psychological evaluation of the family. It can take months to receive a final report from the evaluator.

The easiest way for divorcing couples to keep costs down and get a quicker result is to narrow the issues in dispute. Identify the issues, and try and determine the root of the problem.

Notably, a Judgment of Divorce is required to get divorced. The Judgment is a separate document from a separation agreement, stipulation of settlement or decision after trial. It can take months after the proposed judgment is sent to the Judge for signature to finalize the Divorce.  In the interim, the parties comply with the terms and conditions previously agreed to or directed by the Court.

If you are considering a divorce, contact Rubin and Rosenblum, PLLC for a consultation, and we will sit down and review the unique circumstances of your case with you.

By Gayle Rosenblum, Esq.

Rubin & Rosenblum, PLLC
445 Broad Hollow Road, Suite 210
Melville, New York 11747
Telephone: (631)462-5888