Question #74: In NY, other than through an uncontested (involving at-fault grounds), is there any way to avoid (or shorten) the one-year separation period to produce a no-fault divorce? If so, how quickly can such a divorce be finalized (actual decree)? Thanks.

The one year waiting period is only necessary when dealing with a written separation agreement which is the basis upon which one is suing for divorce. If one is suing for divorce based on other grounds, there is no one your waiting time. However, if one chooses to litigate the divorce rather than mediate, the process will inevitably take much time because every issue becomes an issue to be presented to the court, argued and decided by the judge, which becomes very costly and very time-consuming, not to mention the aggravation and psychological trauma involved.

I strongly suggest you consider mediating you divorce; and if you are located in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter further.

Leonard M. Weiner, Esq./Divorce Solutions