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.

This is an important point.  Many clients have tried to do their divorce on their own because they thought it would be easy to file an uncontested divorce.  Later, after the court rejected their divorce papers two or three times, they come to our law firm asking us to clean up the mess.

Furthermore, many people lose valuable rights because they try to do their divorce on their own.  You are likely not a lawyer (although we have helped many lawyers get divorced), so please, with all due respect, don’t try to do your divorce on your own.  You may be entitled to certain property rights, a pro rate share of your spouse’s pension fund, alimony or maintenance or even a lump sum payment for your spouse’s professional degree. Don’t lose out.

Not all New York divorce lawyers are the same.  Some focus on uncontested divorce.  Some focus solely on high net worth contested divorces.  Some are seasoned and experienced and some are wet behind the ears.  Make sure you find a divorce lawyer who you feel comfortable with and who can explain to you in detail how to get a divorce.

• Is your divorce uncontested or contested?

An important point to consider is whether you and your spouse can agree upon the division of assets, child custody, visitation and support, whether one spouse will receive alimony and the grounds for divorce.  If not, then you have a  contested divorce and the divorce how to is different.

For an uncontested divorce, I still recommend that you retain a New York uncontested divorce lawyer.  A contested divorce requires a firm that is going to aggressively and effectively litigate and negotiate on your behalf.

For a free divorce consultation on how to get a divorce, please call our toll-free divorce how to line to schedule a free intial phone consultation with one of our divorce lawyers. (866-830-2064)

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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.

Finally, New York has woken up to the many cries for reform regarding no-fault divorce law.  Soon, if you are unhappy in your marriage you can get divorced without having to allege fault grounds for divorce such as adultery, abandonment, imprisonment, cessation of sexual relations and so on…

Our law firm prides itself on being on the cutting edge of New York no fault divorce law.  We have our finger on the pulse of New York divorce reform so that we can help our clients achieve the results they desire.

If you would like to learn more about whether you qualify for a New York no fault divorce, please contact our no fault divorce hotline at (866) 830-2064 to schedule your free initial phone consultation with one of our New York no fault divorce lawyers.

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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…

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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.

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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.

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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…

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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.

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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.

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The New York Times recently released an op-ed articles discussing Sandra Bullock’s divorce from Jesse James.  The author used Sandra Bullock’s divorce from her adulterous husband and her recent Academy Award for Best Actress to pose a philosophical question about happiness.  I personally thought the article was in bad taste.

Sandra Bullock is obviously going through a very challenging personal time and she is very emotionally vulnerable.  Catching your husband cheating on you is an extremely painful shock.

More recent news reports recount Jesse James fleeing a sex addiction rehab center, Sierra Tuscon, after Bullock refused his phone call.  Allegedly he wants to save the marriage, but Bullock has decided to call it quits.

Luckily Sandra Bullock had a pre-nuptial agreement that protected her assets in case of divorce.

If you have recently caught your spouse committing adultery and are considering a New York divorce, please contact The Law Office of David Centeno, PLLC for a free initial consultation. (866) 830-2064.

Our law firm also offers pre-nuptial agreements, which can help protect your assets in the case of a divorce.  For a free initial pre-nuptial agreement consultation call (866) 830-2064.

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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.

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