One of the most frequently asked questions that I am asked by new clients is “How long does a NY uncontested divorce take?”

My answer is that it depends.

How long an uncontested divorce takes in New York depends on the following factors, all of which are completely out of our control:

1. How fast you get us the information that we need (which we ask on our simple intake form)
2. Whether your spouse cooperates in the process by signing the papers promptly
3. How backlogged the Court and County Clerk’s Office is

Like I said, all of these factors are completely out of our control.  Right now we are seeing a fast turn around time in New York County, but the downside is that the County Clerk is extremely backed up.

We are getting divorces signed by Judges, but the standard wait time until the judgment gets filed with the County Clerk and becomes public record is eight to twelve weeks.  You are technically divorced, but can’t run out and get remarried because the divorce is not public record yet.

Anyway the short answer is that we are seeing uncontested divorces taking on average two to five months depending on the various factors listed above.

If you are considering an NY uncontested divorce, call us to schedule a free consultation with one of our New York uncontested divorce lawyers at (866) 830-2064.

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.

So, I will try to simplify.  You can have a contested or uncontested no-fault-divorce.  On the other hand, you can only have an uncontested uncontested divorce, but you will still be able to allege fault or allege no-fault.

The no-fault law only impacts whether you need to allege your spouse is at fault (adultery, abandonment, sexual abandonment, cruel and inhuman treatment, imprisonment) before the court will allow you to get divorce.

If any of this confuses you and you want to know whether you qualify for a no-fault or uncontested divorce, please call (866) 830-2064 to schedule a free consultation.

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:

1. How fast you complete the Divorce Intake Questionnaire that we email you?
2. How quickly you sign and notarize the Verified Complaint, Affidavit of Plaintiff and other documents?
3. How cooperative your soon-to-be-ex-spouse is?  Will he or she sign and notarize the documents promptly, stall or not cooperate at all?
4. If you initially decide to just mail your soon-to-be-ex-spouse the documents, and he or she doesn’t comply, how quickly do we have him served (after which we have to wait forty days until we can file for a default judgment)?
5. How backlogged is the court with matrimonial matters?

So when a client asks “How long will this uncontested divorce process take in New York?” I often silently chuckle because what at first seems like a very simple question has a rather complex answer…

I wish that I had a crystal ball through which I could predict the exact date we mail you your Certificate of Divorce.  Unfortunately that’s not reality and is why I have to give a rather broad range of probable lengths of time (i.e., two to six months).

Hopefully this answers your questions regarding the time frame for a New York uncontested divorce.  If you have any further questions or would like to initiate your uncontested divorce, call our toll-free divorce hotline at (866) 830-2064 today to schedule your free initial phone consultation…

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.

For a free initial consultation with our law office regarding how we can help you dissolve your civil union via an affordable and stream lined dissolution process, call us toll-free at (866) 830-2064.

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.

If you and your partner were officially married in another state or country, as long as you meet New York’s divorce residency requirements, they will issue you a same sex divorce.

If you would like more information on New York same sex gay and lesbian divorce, call our law firm today to schedule your free initial phone consultation.  Our direct toll-free number is (866) 830-2064.

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.

We will prepare a special affidavit for this situation, in which you swear to not have a social security number.  That is all that will be required for you to get your New York uncontested divorce.

If you or your spouse does have a social security number, you do need to provide it to the court.  We run across many instances where clients do not know their spouse’s or partner’s social security number and have no way of getting it.  This is a problem and the New York courts will reject your divorce without it.

If you are an undocumented immigrant or illegal alien and would like to learn more about obtaining a New York divorce, contact our law office for a free initial consultation.  Our toll-free number is (866) 830-2064…

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.

Same sex marriage and divorce is a cutting edge  area of the law that is still developing.  Our law firm has handled many same sex New York divorces successfully.  It is important that you have an experienced New York same sex divorce lawyer on your side to help you through the difficult process of divorcing your partner.

Contact our same sex divorce lawyers to learn about how we can help you get an affordable New York gay divorce by contacting us toll-free at (866) 830-2064.

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.

His wife needs to hire a New York licensed attorney to do her divorce, rather than some scam artist in Mexico.  Once she gets a valid legally binding divorce, then she can marry the gentleman on the phone, who she thinks she is married to.

To avoid a mess like this, contact our law office today to schedule a free initial divorce consultation at (866) 830-2064.

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.

The article’s author, Ruth Bettleheim, is a marriage and family therapist.  She cites some interesting pro-divorce (or at least pro-uncontested divorce) research that challenges the widely held preconception that children of divorced families are worse off than their non-divorced home peers.  The studies show that this preconceived notion is false.  It actually shows that children of divorced homes are no worse off than their non-divorced home peers, and actually may become more resilient from enduring the divorce process.

Bettleheim also discusses how fault based divorce litigation and child custody battles are horrible for childrens’ well being.  She states that the no-fault (or New York uncontested divorce) way of going about divorce is far more beneficial to children and all people involved.

If you would like to learn if a New York uncontested divorce is a viable option for you and your family, please contact The Law Office of David Centeno, PLLC at our toll-free number (866) 830-2064 now to schedule your free divorce consultation.

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.

If you have any further divorce related questions, our law office offers free, no obligation, consultations.  Contact us at (866) 830-2064 to claim your free initial consultation today…