Entries Tagged 'Uncontested Divorce' ↓

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.

The New York Times just published an op-ed articles discussing how no-fault divorce is the best way to protect children (and all people involved) from the harmful consequences of divorce.  Unfortunately, New York is the only state in the nation that does not allow no-fault divorce, except under the narrow exception of what is called a conversion divorce where the parties had filed a separation agreement with the court and waited a year.

If you just moved to New York you may be able to get a divorce.  The short answer is: “It depends…”

It all depends on whether you meet New York State’s residency requirements.

New York law (NY Dom Rel Law §230) is a little tricky when it comes to its residency requirements.  I have simplified the law in a prior post regarding New York State Divorce Residency Requirements.

Please read the above linked post for the exact details on New York’s residency requirements.  If your moving to New York falls within one of the options explained in that post, then you meet the residency requirementsand may get divorced in New York State.

I get phone calls every day where a woman or man calls with the following type of story.  I hate getting these calls.  Not because we choose not to represent them, but because I tell them the truth, the harsh reality of New York divorce law, and the truth really sucks… (pardon my language, but its true)

Monique gets served with divorce papers from her husband Tommy’s attorney.  She reads the uppercase words explaining the documents: SUMMONS WITH NOTICE.  The papers go on to state that Tommy is alleging that Monique abandoned him and treated him in a cruel and inhuman manner.

Our law office continues to strive to make the legal system accessible to you, regardless of your current financial situation.  With the economy putting the hard press on all of us, I try to be as flexible as possible.  Not everyone needs to get divorced has the same financial flexibility as Tiger Woods or John Edwards whose names have recently been scattered across divorce news.

Our uncontested divorce rate starts at just $499 and is one of the most reasonable divorce fees in all New York State.  Our usual payment plan option for our already affordable uncontested divorce package is that we accept 50% up front and require the remainder before we officially file your divorce documents with the court.