Monday, December 24, 2012

How long does an uncontested divorce take, we have assets to liquidate

Q: I would like to know how long it takes and what stipulation can be made when we have a house and credit card debt to get rid of before we are financially free to move on. We will need to sell the house to pay off debt. what about savings and any other accounts. She has a 401 but i don't have any of those type of assets 


David’s answer: If the two of you agree on division of assets & debts, then the type of stipulation you'll need is called a "stipulation of settlement." That said, you should be wary of any attorney promising to "finalize your divorce in 30 days." The Court usually takes 3-4 months alone just to sign-off on the judgment of divorce. Therefore, even if the other paperwork necessary for the divorce is done about as quickly as possible, the conservative estimate for either Westchester or Dutchess is 4-6 months.  -- David Bliven (www.blivenlaw.net) 

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