Divorce Made Simple, Fast and Affordable

Since NYS has just recently passed the new no-fault divorce law we have been getting a lot of questions about what that means for what was traditionally known as uncontested divorce.

The answer is little to nothing.  No-fault divorce and uncontested divorce are two entirely different animals.

The no-fault law just makes it possible for couples to get divorced without alleging fault.  A no-fault divorce can still be contested (or litigated) in nature if the parties do not agree on the terms of the divorce.  A traditional uncontested divorce simply is where both you and your spouse agree upon all of the terms of the divorce.

We have been receiving a ton of phone calls from people asking about the status of New York’s no fault divorce law.

Right now the bill sits on Governor Paterson’s desk.  He has voiced his support for the bill and stated that he intends to sign it.  If he does not sign or veto it by tomorrow it will automatically become law.

The law will take effect sixty days from when he signs the bill into law, or it defaults into a law tomorrow.

There has been a lot of controversy surrounding the no fault divorce law, but the overwhelming support has been winning out.

Many clients’ first question is regarding how to get a divorce.  If I wasn’t a New York divorce lawyer, I wouldn’t know either.

To answer the how to get a divorce question, I put together this Divorce How To…

• First, be sure that you really want to get a divorce.

This may seem obvious but I have seen couples initiate a divorce action and then change their minds.  Divorce can be ugly, so please spare yourself this pain if possible

• Research divorce lawyers and hire a divorce attorney.

The New York State legislature have finally passed a bill that will soon put into effect a new long-awaited law permitting no-fault divorce in New York State.  The New York Times, amongst others, eagerly reported the breaking news yesterday.

As a New York divorce law firm, we have seen the many problems that New York not permitting no-fault divorce has caused.  Keeping spouses imprisoned in unhappy marriages.  Encouraging people to perjur themselves so that they could obtain relief from a broken marriage.

One of the most frequent questions that clients seem to be concerned about other than how much is my NY uncontested divorce going to cost is “How long will my uncontested divorce take in New York?”

This is a good question; one that is definitely worth asking ahead of time for your own peace of mind.

The short answer is that a New York uncontested divorce can take anywhere between two to six months to be completed.

There are many factors that can slow down the process, all of which are completely out of our control:

Although New York State does not recognize gay marriage, New York courts have just begun to dissolve same sex civil unions issued in other jurisdictions.

Civil unions between gay / same sex couples can be dissolved in New York State, in other words you and your partner can get a same sex divorce in New York.

Same sex civil unions are one of the many ways that same sex couples, fighting for equality, have used to signify commitment to a relationship.  If the civil union no longer works, you and your partner are able to dissolve the same sex civil union through the New York courts.

New York courts have recently begun to issue same sex divorces.  This is a new and exciting area of law that our New York same sex divorce law firm has been well entrenched in since its outset.

Although New York State law does not allow same sex gay or lesbian couples to get married in New York, New York courts have begun to issue same sex gay and lesbian divorces.

Our New York gay and lesbian divorce lawyers has successfully handled numerous same sex gay and lesbian divorces since the New York courts have started to issue the dissolution of same sex marriages.

I often am asked by clients whether a social security number is required to get a New York divorce.  The short answer is yes and no.

Confusing, right?  Let me explain…

Even if you are an undocumented immigrant (i.e., an illegal alien), you can still get a New York divorce.  The court will not alert the government of your undocumented status.  So you are safe from deportation and can still get a New York divorce.  Let me repeat, you will not be deported and can get a New York uncontested divorce.

A strange fact: Although New York State doesn’t permit same sex marriage, New York court’s will divorce same sex couples.

Our New York divorce lawyers have the experience needed to handle your same sex divorce effectively.  Gay and lesbian divorce is not permitted in many states, and New York court’s have just begun to hear such matters.

If you and your partner were validly married or entered a civil union elsewhere, New York courts will issue you a divorce.

I was contacted by a potential client today who had an all too familiar sob story.  His “wife” had hired someone in Mexico to do a fast Mexican divorce.  She was given final papers.  She got remarried.

Years later her supposedly ex-husband wants to get remarried and to make a long story short, the Mexican Consulate informed them that the divorce was not valid.  They had been scammed.

Now I have to explain to this poor gentleman on the phone that he is not actually married.  His marriage is void as per public policy, which is a fancy way of saying that he isn’t married.