Myth: A Longer Marriage Means a Longer Divorce

One of the most common questions people ask when they are considering divorce is: "How long will this take?" And one of the most persistent myths in family law is that the answer is tied directly to the length of your marriage. The logic seems intuitive — more years together means more to untangle. But in practice, it is not that simple.

The length of your marriage affects certain legal outcomes in a divorce. It does not, on its own, determine how long the proceedings take.

What the Length of a Marriage Actually Affects

Marriage length is legally significant in New York in specific, defined ways:

Spousal Maintenance Duration

Under New York's spousal maintenance guidelines, the advisory duration for post-divorce maintenance is tied to the length of the marriage. Marriages of less than 15 years carry an advisory maintenance period of 15–30% of the marriage length. Marriages of 15–20 years carry 30–40%, and marriages of 20 or more years carry 35–50%. These are guidelines, not mandates — judges have discretion to deviate — but they are anchored to marriage length.

Marital Property Accumulation

A longer marriage typically means more accumulated marital property — retirement accounts, real estate equity, investments, businesses. More assets to value and divide can add complexity to the proceedings. But complexity and duration are not the same thing. A couple married 25 years who both agree on what they want can often reach a settlement faster than a couple married 3 years who are fighting over every household item.

Equitable Distribution Factors

New York courts consider the duration of the marriage as one of many factors in determining equitable distribution. A longer marriage may weigh in favor of a more equal split of marital assets. But again — this is a factor that affects what the outcome might be, not how long it takes to get there.

What Actually Determines How Long a Divorce Takes

Contested vs. Uncontested

The single biggest driver of divorce timeline is whether the case is contested or uncontested. An uncontested divorce — where both parties agree on all issues including property division, support, and custody — can be finalized in New York in as little as three to six months. A fully contested divorce that goes to trial can take two to four years or longer, regardless of how long the marriage lasted.

Complexity of Assets

Complex assets take time regardless of how long the marriage was. A five-year marriage that involved a tech startup with complex equity structures may take longer to resolve than a twenty-year marriage between two salaried professionals. Businesses, professional practices, stock options, deferred compensation, and pension valuations all require expert analysis and can extend a case.

Custody Disputes

Contested custody cases add significant time to any divorce. Courts take their responsibility to the best interests of children seriously, and contested custody matters often involve forensic evaluations, multiple court appearances, and extended negotiations. This is true whether the marriage was two years or thirty years old.

Court Calendar and Judicial Resources

Nassau County, Suffolk County, and New York City courts all have different caseloads and calendar pressures. These external factors affect timeline independently of how long the marriage lasted.

Willingness to Negotiate

Perhaps the most underappreciated factor is the willingness of both parties — and their attorneys — to negotiate in good faith. Two people who genuinely want to resolve their divorce efficiently can often do so, even in complex cases with significant assets. Two people who want to use the divorce as a venue for ongoing conflict can extend a simple case for years.

How to Shorten Your Divorce Timeline

If you want to minimize the time and expense of your divorce, regardless of how long you were married, there are concrete steps you can take:

• Organize your financial documents early — tax returns, bank statements, retirement account statements, mortgage records
• Be realistic about what you are willing to accept and what you genuinely need
• Consider mediation or collaborative divorce if both parties are amenable — these processes are often substantially faster than litigation
• Work with an attorney who values efficient resolution, not just maximizing billable hours
• Avoid using your children as leverage — custody disputes are costly in time, money, and emotional damage
• Accept that equitable does not mean equal, and that some compromise is inevitable

At Aiello & DiFalco LLP, we approach every case looking for the fastest path to a fair resolution — whether that is negotiation, mediation, or litigation when necessary. If you have questions about your divorce timeline or the factors specific to your situation, we encourage you to call our office.