Uncontested Divorce FAQ
Below we have answers to many frequently asked questions.
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What is an uncontested divorce?
An uncontested divorce is where you and your spouse agree to terminate your marriage and to all the terms of the divorce. For a more detailed explanation, please read “Do I Qualify for an Uncontested Divorce?
How does the New York uncontested divorce process work?
Our law firm has developed a process that ensures that your uncontested divorce will be as fast, simple and convenient as possible. Our aim is 110% client satisfaction. We offer the fastest divorce in all of New York! The process we’ve developed works like this: first we will email you some information about how to get started. The email will contain a link to our secure online intake sheet. Getting started is just a matter of answering some simple questions about you and your spouse. Then, we will give you a call to review your intake sheet and get the process started. Once we start your divorce, we will draft a Summons with Notice that we file with the Court and in turn purchase an index number, or the case number assigned to your case. After we obtain the index number, we will email you and your spouse documents for you to sign, notarize and get back to us. Once we’ve received your documents we will complete the final papers that need to be filed with the Court. The Court will review the documents and sign a Judgment of Divorce. We will provide you with a photocopy or certified copy of the Judgment for your records. Again, our aim is to keep this as easy and convenient as possible for you. We try and prevent unnecessary court appearances, office visits and conferences. We do all the heavy lifting so that you can relax during this stressful process. To learn more about our unique fast New York divorce process click here.
How long will my uncontested divorce take?
Excellent question! Due to the large number of clients that were interested in getting a fast divorce, we’ve developed an Expedited Service that gets you your divorce in only 3 – 4 weeks. That’s lightning fast! **Be aware that many lawyers and paralegal services will promise you your divorce in a shorter time period – this is a lie. We’ve heard horror stories about this. Please know that we are committed to providing you with the truth, so that you in turn will be ecstatic about our services and give us testimonials and referrals. That’s how our practice truly grows. Our regular service will get you your divorce in approximately 6 months and will also keep the investment down for you.
What if my spouse refuses to sign the divorce papers?
This certainly can happen. Luckily, you can still get your divorce even without your spouse’s cooperation, but we will have to serve him or her personally and wait at least 40 days from the date he or she was served to complete the process.
Will I need to go to court for my uncontested divorce?
If your divorce remains uncontested, you won’t have to go to Court at all. There are some rare instances where the Court may require a brief hearing called an Inquest:
- when there is no prior Child Support or Custody Order your spouse is served and fails to respond
- when there is an Order of Protection
- when there has been a history of domestic violence
- if either party is a registered sex offender and children are involved in the divorce
Do you offer payment plans?
Yes. For your convenience, we do offer payment plans for our Expedited Service. It will cost slightly more, but you will able to break down the payments into as many payments as will work for you. We require at least 50% down to get your case started. Before we can complete the final papers for the Court to review, we will require the balance to be taken care of.
What happens if an uncontested divorce becomes contested?
Realistically, this is always a possibility. After your spouse is served with the divorce papers, he or she can decide to contest the divorce, meaning that he or she does not agree with the specified grounds (adultery, abandonment, etc.), the relief sought (divorce), demands for support (child support or alimony), or the terms of property division or child custody arrangements. If this happens, then your uncontested divorce becomes contested. No sweat, we can still help you. All this means is that we will have to enter a new agreement that will outline our relationship during the contested divorce portion of the case. Contested divorces may require court appearances and often take more time.
What if I don’t know where my spouse is?
If you don’t know where your spouse is, we have two options. The first is usually the less expensive and more efficient means of getting you your divorce – we can use our private investigator to try and locate your spouse. If this doesn’t work, you’re only option is to do what’s called a Publication Divorce. This process is more costly as there are court mandated advertising methods that must be followed and additional motion practice and legwork required.
Do I need to serve my spouse the divorce papers?
If your divorce is uncontested and your spouse is willing to cooperate, then we can just simply email him or her the papers to sign. If you’re unsure whether your spouse will sign, then it’s best to have us serve the papers via our process server. The only way to prove to the Court that your spouse was notified about the divorce is to submit an Affidavit of Service from a process server. You personally can not serve the papers on your spouse. If you choose to have your soon to be ex-spouse personally served by our process server, then we have proof that he or she actually received notice (meaning notification) of the divorce. This will allow us to finalize your divorce even if your spouse refuses or “forgets” to sign and return the papers. You’ll definitely save some money by opting to not personally serve your spouse, but your case will expire if your spouse delays long enough. Therefore, we always suggest that you choose personal service unless you are absolutely sure that your soon to be ex-spouse will sign and return the papers to us.
Do you serve all of New York State?
Yes. Since all documents and communications are handled via phone, email and mail, we can represent you in your uncontested divorce no matter where you are located in New York. We offer fast, convenient and affordable uncontested divorce services to clients in every town, county and city in the New York State. For more information visit Locations We Serve.